If You’re Facing a DCPP Investigation, You Have Rights, But You Need To Move Fast To Protect Them
New Jersey’s Department of Child Protection and Permanency (DCPP), a division of the Department of Children and Families (DCF), is the state’s primary child protection and child welfare agency, responsible for investigating reports of child abuse or neglect.
A DCPP investigation can have significant consequences for your parental rights and your family’s future. That’s why it’s important to know what can trigger DCPP to take action and what you can do in response.
Who can make a report to DCPP?
Anyone who suspects child abuse or neglect can make a report to DCPP, regardless of their relationship to the child. Certain people are “mandatory reporters” due to their profession, such as teachers, doctors, and policy. That means they must file a report if they suspect child abuse or neglect.
Here are the top 8 reasons why a report may be filed:
1. Child neglect
Child neglect is the single most common reason DCPP is called. Examples of neglect include:
2. Basic needs neglect
Failing to provide adequate food, clothing, and shelter for a child can trigger a DCPP report. Inadequate shelter may include an unsafe or unlivable home environment, such as a home with exposed wiring or serious sanitation issues.
3. Educational neglect
Failure to ensure the child attends school consistently can be a form of neglect that may lead to a DCPP investigation.
4. Negligent supervision
DCPP may be called if a parent fails to protect a child from accidental harm. Negligent supervision can also include leaving a child unattended for extended periods of time without adequate care.
5. Medical neglect
Medical neglect includes failing to seek medical treatment for the child’s illness or injury, or not ensuring that the child is taking their prescribed medications. DCPP takes medical neglect very seriously because of the high risk of harm.
6. Abuse of the child
Child abuse can come in many forms, including:
- Physical abuse: hitting, pushing, hair pulling, burning, cutting, physical punishment, use of restraints.
- Mental and emotional abuse: constantly belittling, blaming, or humiliating the child.
- Sexual abuse: any form of sexual contact or exploitation.
Any allegation that the parent or guardian has inflicted an injury on the child or had sexual contact with the child can lead to a DCPP report.
7. Domestic violence
Exposure to domestic violence in the home can trigger a DCPP investigation, whether the child is a victim or a witness.
8. Drug or alcohol abuse
Substance use by a parent or caregiver that makes them unable to safely and appropriately care for the child can lead to a DCPP investigation.
What happens when DCPP is called?
If DCPP receives a report of child abuse or neglect, they will launch an investigation. This typically involves sending a caseworker to the home to inspect the living conditions and talk to the child. DCPP may also talk to other adults in the child’s life, such as medical professionals or school personnel.
If DCPP determines that the allegations are “unfounded,” that is, not supported by evidence, then the investigation will be closed. However, if the allegations are “substantiated” by evidence, then DCPP will intervene. This may include taking legal action in Superior Court to remove the child from the parents’ custody.
While DCPP does not handle criminal charges, it may make a referral to local law enforcement if it suspects a crime has been committed.
Your rights against a DCPP investigation
While, by law, DCPP caseworkers cannot disclose the name of the person who reported abuse or neglect, as the parent, you have the right to ask for specific information about the allegations. In addition, you can administratively challenge DCPP’s findings, and you can likewise contest any action they take in court.
However, you need to act right away. Because the safety of a child is at stake, DCPP investigations tend to proceed quickly, as do any subsequent legal proceedings. If you are under investigation or facing legal action from DCPP, contact Williams Law Group, LLC today to speak with an experienced family law attorney.
"Highly recommend Gene Richards and the whole team at Williams Law Group for any DCPP related matters. Gene navigates sensitive situations with empathy and understanding while remaining focused on the end goal and advocating for his clients. Having knowledgeable, experienced council like Gene is invaluable when dealing with DCPP." – Marty W., ⭐⭐⭐⭐⭐