Many times, the Division of Child Protection and Permanency (DCPP) in New Jersey will remove a child from their home based on an investigation into allegations of child abuse or neglect. When this happens, such actions are referred to as an “emergency removal.”
Because of the serious consequences often associated with a DCPP emergency removal of a child, it’s important for the child’s parents or legal guardians to understand how the 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 understand how this system works. We can also explain your rights and potential legal options based on the circumstances of your DCPP emergency removal.
Allison Williams, our law firm’s founding attorney, has extensive experience effectively dealing with DCPP in response to an emergency removal. Our New Jersey law firm also understands the urgency and seriousness of such legal cases, and we’re here to help when you need it most.
What Is A DCPP Emergency Removal?
A DCPP emergency removal involves the state agency removing a child from their place of residence with little or no notice. Many times, emergency DCPP removals are temporary.
In New Jersey, a DCPP emergency removal is called a “Dodd Removal,” named after former New Jersey State Senator Frank J. Dodd, who wrote the state law allowing such an action.
Formerly known as the Division of Youth and Family Service (DYFS), DCPP handles emergency removals of children since the organization is responsible for investigating allegations of child abuse and neglect in New Jersey.
Can DCPP Legally Remove A Child From A Home In New Jersey?
DCPP has the legal authority to remove a child from their home in New Jersey under certain circumstances. In many cases, DCPP does not obtain a court order before doing so.
DCPP has 60 days to complete its investigation, although this 60 day ‘deadline’ is often extended. The investigation process normally starts within 24 hours of being notified about allegations of child abuse or neglect.
However, if DCPP believes that a child is in imminent danger, the state agency can initial an emergency removal of a child.
Common Reasons For DCPP Emergency Removal
Again, DCPP can remove a child from their home if the state agency believes a child’s safety and welfare are at risk. However, the emergency removal must meet the guidelines outlined in New Jersey Revised Statute NJSA 9:6-8:28.
Most DCPP emergency removals are initiated due to the following:
- Imminent danger of the child, meaning the child’s life is at risk, and they are in immediate danger of potential harm. As a result, the child is removed from their home for their own safety.
- Visible evidence of abuse or neglect of a child results in the child’s “immediate removal” in order “to avoid imminent danger to the child’s life, safety or health,” according to state law.
- Because the child is at risk, there is not enough time for a preliminary court hearing.
In all three scenarios, DCPP emergency removal is typically referred to as a Dodd Removal. This means that the removal of the child was done urgently since the child’s health and safety appeared to be at immediate risk.
Does DCPP Need a Court Order To Remove Child From Home?
If DCPP determines that a child is in “imminent danger,” DCPP can remove a child immediately without Court Order.
What Happens After A DCPP Emergency Removal in New Jersey?
Once a child has been removed from their home, DCPP must be notified, especially if the emergency removal was performed by someone other than a DCPP employee. For example, if a police officer or probation officer initiated the emergency removal, DCPP must be notified.
At this point, DCPP usually investigates the allegation of abuse or neglect.
If the child’s parents or legal guardians have not already been notified, they must be notified of the emergency removal. DCPP must then file a complaint with the New Jersey Superior Court, according to New Jersey Statute 9:6-8.30 (Action by the division upon emergency removal). A Superior Court judge will then hold a removal hearing within two days of the Dodd Removal. At the hearing, a judge will determine whether DCPP has provided enough evidence that the child was in imminent danger to justify the emergency removal of the child.
How Can a New Jersey DCPP Lawyer Help?
A DCPP emergency removal of a child from their home in New Jersey can be a complicated, confusing legal process. If you don’t understand how the legal system works in the state as it applies to child abuse or neglect, you might not fully understand all the legal options available to you in such situations.
Often, what might sound like a reasonable case at first could turn out to be one parent (often an ex-spouse) making an allegation of child abuse or neglect without sufficient evidence. Our New Jersey DCPP attorneys at Williams Law Group, LLC, know how to handle these complex cases and can make sure your rights are protected. We know which legal strategies are the most effective, what evidence to look for, and how to build the strongest possible legal case.
Give your case the best opportunity for success. 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.
“If I were going to hire an attorney to fight DCPP, it would be Allison Williams.” – Hover C., ⭐⭐⭐⭐⭐