If you believe a child is being abused or neglected, you can take action to protect them under New Jersey law
If you have reason to believe a child is being abused or neglected, it’s critical that you take action right away. The New Jersey Department of Child Protection and Permanency (DCPP) investigates reports of child abuse and is supposed to intervene to protect the child. However, if you believe a child is being abused or neglected, and DCPP does not agree, what can you do?
In New Jersey, a parent or other adult who believes a child is being abused has recourse under a state law called Title 9. An attorney with experience handling Title 9 litigation can explain your options and take strong legal actions to protect the at-risk child.
What is a Title 9 action?
Title 9 is the New Jersey statute dealing with child abuse and neglect. Most commonly, Title 9 actions are brought by DCPP, but a parent, guardian, or other person interested in the well-being of the child can file a Title 9 action as well.
When a Tile 9 action is filed, whether by DCPP or a private individual, a fact-finding hearing will be scheduled. This is essentially a trial on the issue of whether abuse has actually occurred. The fact-finding hearing is a bench trial—that is, there is no jury, just a judge—in which evidence will be reviewed, witnesses may be called, and attorneys will be present to represent the interests of the parent, the child, and the state.
Prior to the fact-finding hearing, Title 9 provides flexible and fast-moving legal tools in order to protect the child without unnecessary delay. Under Title 9, the court can remove a child from the home of an allegedly abusive parent if there is imminent danger. The court can also order temporary relief, such as counseling or supervised visitation. The rules of evidence are also relaxed during this stage of the proceedings; for instance, hearsay statements from the child can be introduced under some circumstances.
An experienced attorney can explain your options under Title 9
Filing a Title 9 action is a significant step, and it may not be the only option available to you. For example, you may be able to file an emergent order to show cause in Superior Court seeking to restrain access between the abusive parent and the child.
Ultimately, only an attorney who is skilled in both family law and child abuse and neglect law can explain the legal options available in your situation and identify the best course of action to protect your child.
If you believe a child is being abused or neglected, take action today. Contact the legal team at the Williams Law Group to find out how we can help.
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