In New Jersey, allegations of child abuse or neglect are investigated by the Division of Child Protection and Permanency (DCPP). Even if you know you didn’t do anything wrong, don’t assume that your DCPP investigation will turn out fine.
Often, these investigations can be complicated and can have serious consequences if DCPP investigators believe you abused or neglected a child. This is why it’s critical that you know your legal rights and understand how the DCPP investigation process works in New Jersey.
A New Jersey DCPP Lawyer Can Protect Your Rights
Our DCPP attorneys at Williams Law Group, LLC can help you better understand this legal system and be there for you every step of the way. We know what to do because we have represented people dealing with DCPP for years.
Allison Williams, our law firm’s founding attorney, knows which legal strategies can be the most effective when dealing with a DCPP investigation. That’s why you can count on us to fight for your rights in New Jersey.
What Is The Division Of Child Protection And Permanency (DCPP)?
Formerly known as the Division of Youth and Family Service (DYFS), DCPP handles all allegations of child abuse and neglect in the state.
DCPP changed its name in 2012. The state agency has 46 local offices located throughout New Jersey. Along with investigating allegations of child abuse or neglect, DCPP also oversees children in foster care throughout New Jersey. DCPP is part of New Jersey’s larger Department of Children and Families.
Who Can Report Child Abuse or Neglect to DCPP?
The short answer is anyone can report child abuse or neglect to DCPP in New Jersey if they believe a child is being abused or neglected. This act of reporting child abuse or neglect is more commonly referred to as a “referral”. Specifically, “any person having reasonable cause to believe that a child has been subjected to abuse or acts of abuse should immediately report this information,” according to DCPP’s website.
Individuals who sometimes report such allegations can include:
- Ex-spouses
- Other children’s parents
- Neighbors
In addition, certain individuals in New Jersey are legally obligated to report child abuse, including:
- Public school teachers
- Doctors
- Therapists
What Happens When DCPP Receives a Referral?
When DCPP receives a referral – often in the form of a phone call to DCPP – the state agency normally begins investigating the allegation within 24 hours. DCPP has 60 days to complete its investigation, but extensions are often provided if DCPP is waiting on additional information such as expert reports, therapy updates or completing interviews.
As part of the investigation, DCPP sends a caseworker to the location where the child resides. The caseworker will request to see the child and speak with the child, if the child is of speaking age. The caseworker will also request to speak with all of the adults in the home.
At the initial visit, the caseworker may ask you to sign releases to allow DCPP to speak with doctors, therapists, etc. The caseworker may also ask you to agree to certain services or restrictions on your custody and/or parenting time. DCPP may even threaten to remove your child from your home at this initial visit.
Who Investigates Child Abuse & Neglect Allegations Made to DCPP?
As briefly explained above, DCPP caseworkers typically conduct investigations of allegations of child abuse or neglect. The caseworker who conducts the investigation usually comes from the DCPP office in the county where the child lives or where the abuse or neglect allegedly occurred in New Jersey.
For example, if the child in question lives in Newark, a DCPP caseworker from Essex County would typically investigate the allegation. The DCPP has six offices in Essex County, including three DCPP offices in Newark.
Do I Have to Answer Questions From DCPP Investigators?
You are not legally obligated to answer any questions asked by DCPP caseworkers investigating allegations of child abuse or neglect in New Jersey. Even if they keep asking you questions and make you feel like you have to say something, it’s often in your best interest not to say anything at all when a DCPP caseworker keeps asking you if you abused or neglected your child. It is best to seek immediate legal counsel prior to speaking with the caseworker.
Does My Child Have to Answer Questions Asked By DCPP Investigators?
No. Just like parents, children who are allegedly being abused or neglected do not have to answer any questions asked by DCPP caseworkers. If you don’t want your child to talk to them, you have the right, as a parent or legal guardian, to say no to the DCPP caseworker looking into such allegations.
What Does DCPP Have to Prove to Remove A Child?
To remove a child from a parent or legal guardian, the DCPP investigation must meet certain strict criteria, including:
- The child is in danger and faces imminent risk of harm.
- Physical evidence of abuse or neglect exists.
- There is no other measure that can be put into place, such as a Safety Protection Plan, that would allow the child to remain in the home while also eliminating the imminent risk of harm to the child.
Unfortunately, the standard of proof for removing a child from a parent or legal guardian in New Jersey is actually fairly low. The same applies to New Jersey’s evidentiary rules in DCPP cases, which can be found in New Jersey Statute 9:6-8.46. Such evidence can include something as questionable as hearsay about alleged abuse or neglect.
What Are Effective Legal Strategies In DCPP Investigations?
There are many different ways parents or legal guardians responsible for the welfare of a child can respond to false allegations of abuse or neglect in New Jersey. Depending on the circumstances of your case, such strategies can include:
- Present evidence that you are not abusing or neglecting a child, such as:
- Statements from doctors, teachers, and therapists.
- Medical examination records.
- Video footage of the alleged incident, if available.
- Prove that the allegation was false and made up by the individual who reported the allegation of abuse or neglect to DCPP.
- Prove that the Division has not met its burden of proof that there was abuse or neglect.
- Prove that someone else abused or neglected the child.
- Prove that DCPP violated your rights during the course of its investigation.
How Can a New Jersey DCPP Lawyer Help?
Legal cases involving DCPP investigations often turn into complex and emotional legal battles, especially in cases involving two parents (often ex-spouses) providing contradictory statements about what happened to the child. This is why it’s critical that anyone being investigated by DCPP talk to a New Jersey DCPP attorney at Williams Law Group, LLC, as soon as possible.
Our lawyers know what to do because we have been standing up for the rights of parents and other adults in New Jersey for years, especially those dealing with DCPP investigations. As a result, we know what evidence to look for and what questions to ask to build the strongest possible legal case when it comes to child abuse or neglect investigations.
Don’t take chances with your family’s future. Take action. Contact our law firm and schedule an appointment with an experienced New Jersey DCPP lawyer at Williams Law Group, LLC. We have two New Jersey offices conveniently located in Parsippany and Short Hills.