A lawyer who knows the Division and New Jersey courts can help
Whether you’re being accused of child abuse or neglect, or involved in a child custody dispute where those allegations are in play, your case may end up in family court—and the New Jersey Division of Child Protection and Permanency (DCPP) is likely involved one way or another.
Encountering DCPP in family court makes everything more complicated, and an attorney who knows DCPP can most effectively help you reach an efficient and positive resolution. Here's what New Jersey parents need to know.
Why do DCPP matters go to court?
Let’s get one thing out of the way right away: many DCPP matters are resolved without going to court. So, just because DCPP is involved doesn’t mean court is an inevitability.
The main reason matters end up in court is because a court order is needed to make a long-term decision about custody, placement, or parental rights. DCPP doesn’t have the power to infringe on your parental rights under its own authority. An emergency removal can happen without the court, but the court has to step in within 48 hours. Likewise, under DCPP’s own policies, they are not supposed to implement a safety protection plan for more than 10 days without a court order.
What is DCPP’s role in court?
The role taken on by DCPP depends on the type of case you’re in.
The DCPP docket
In one type of case, the division can file its own complaint in court, placing you in what’s called the FN docket, also known as the “children in court” docket.
In this type of case, DCPP tells the judge what their concerns are and what they want the court to order or enforce. There’s an initial hearing where the Division’s attorney, called the deputy attorney general (DAG), presents evidence (usually including testimony of a caseworker) and legal arguments in court. Attorneys for the parents and/or the children can also present evidence and arguments. The court will then determine whether the Division or the court should have supervision over the child.
Despite what you might think—and what DCPP may want you to believe—the court is not a “rubber stamp” for whatever DCPP wants to do. The burden is on DCPP to prove why their intervention and the court’s intervention are necessary and in the best interests of the child. The court’s job is to balance DCPP’s concerns with your concerns and rights as a parent.
The non-DCPP docket
The second type of case is when DCPP gets involved in another matter on another part of the family court docket, such as the FD docket (which handles child custody and child support disputes between unmarried parents) or the FM docket (which handles divorces and post-divorce issues). If there is an open DCPP investigation regarding the family involved in such a matter, then DCPP’s findings and concerns may be important to the family court judge who has to decide issues like child custody and visitation. In our experience, when there is a DCPP investigation, DCPP tends to be the driving force in the case, even if they aren’t directly involved.
This dynamic highlights one of the flaws in the system. Sometimes, when this route is taken, DCPP ends up putting some of its work on one of the parents—for example, if one parent has concerns about child abuse or neglect while the children are in the other parent’s care, DCPP may essentially let the parent take the lead while they are less involved. In this situation, your lawyer may need to put pressure on DCPP to actually do their job.
The importance of having an experienced attorney
Because DCPP’s role in the family court can vary widely depending on which docket you’re in and how the case unfolds, you need an attorney who knows how DCPP operates to effectively advocate for your rights and your family’s needs.
For example, if your case isn’t in the FN docket, your attorney won’t automatically have access to DCPP’s records—but there are ways for an attorney who knows the system to get access if that’s important to your case.
An attorney who knows the DAGs and the DCPP offices—and thus knows who to contact and how to contact them—can also work with DCPP to more easily get information and reach a resolution. Having an update from DCPP in hand on the day of your court hearing can make the difference between getting your case resolved that day and having it drag on for months.
When your relationship with your child is on the line, every single day matters. That’s why we work so hard to resolve our clients’ cases as quickly and efficiently as possible.
If you’re in court with DCPP, we can help
Whenever DCPP is involved in family court, it’s important to have someone on your side who understands how DCPP works.
The family law attorneys at Williams Law Group, LLC know exactly what to do. Give us a call or contact us online to find out how we can help.
“At first I was unsure of typing in the chat box, but I am so happy I did!! This firm specializes in custody cases, grandparents’ rights, and DCP&P (Department of Children's Protection & Permanency), which is what my cases consist of. The Williams Law Group immediately contacted me within 24 hours to gather information and set up a Zoom meeting to discuss the case in detail. I have searched for many different attorneys and law firms and NEVER got the professionalism, fluency, and response time as I did with the Williams law group. Judith was able to provide pertinent information as to what the process is and what type of expectations to have. Needless to say, I look forward to working with them to get my nephews back where they belong, with me in my home. I highly recommend The Williams Law Group to any of my friends and family! Thank you for putting my heart at ease.” – Christina P., ⭐⭐⭐⭐⭐