If you are involved in a Division of Child Protection and Permanency (DCPP or the “Division”) case, one of the most pivotal steps in the process is the fact-finding hearing. But what exactly is a fact-finding hearing, and what can you expect during this proceeding?
What is a Fact-Finding Hearing?
A fact-finding hearing is the judicial proceeding to determine whether the child is an abused or neglected child as defined by statute. Although the burden of proof is on the Division, this is your opportunity to provide evidence, witnesses, and testimony in defense of the allegations made against you.
The Division must prove by a preponderance of the evidence, or that it is more likely than not that the allegations against you are true. The Court will review the relevant facts, exhibits entered into evidence, testimony of witnesses, and the arguments of counsel in determining whether the Division has met its burden of proof.
Significance of the Fact-Finding Hearing
The fact-finding hearing is a critical step in a Division case because the determination made during this hearing will significantly impact the direction of the case. If the Court finds that the Division met its burden of proof, the case will proceed with a dispositional hearing.
During a dispositional hearing, the Judge will order steps you must complete, such as participation in services. If the Court finds that the Division did not meet its burden of proof, the case may be dismissed.
Contact an Experienced DCPP Attorney in New Jersey Today
Fact-finding hearings are one of the most critical stages in a DCPP case, as the outcome can shape the direction of your case and have lasting effects on your family. With so much at stake, understanding the process and being properly prepared is essential — but you should not have to navigate it alone.
Having experienced legal representation can make a meaningful difference. An attorney who understands Division cases can advocate for your rights, challenge the evidence presented, and ensure your voice is clearly heard throughout the proceedings.
If you or a loved one is facing a DCPP matter in New Jersey, taking action early is key. Schedule a consultation to work with our experienced DCPP Attorney Gene Richards. Learn more about our DCPP and family law services.
"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 counsel like Gene is invaluable when dealing with DCPP." - Marty W., ⭐⭐⭐⭐⭐