Parents have a right to live with and care for their child unless they abuse or neglect him or her. When the Division of Child Protection and Permanency (DCP&P) investigates a parent for abuse or neglect, it has the authority to seek alternative placement for the child if it is in the child’s best interests. Placing a child with another family is a serious decision, and, as such, the court must be involved at that point. A Notice of Placement With Children is a document that is filed with the court and initiates court proceedings when a child is placed out of his or her home.
The DCP&P, New Jersey’s child welfare agency, must file the Notice of Placement with the court pursuant to a voluntary agreement to place the child (signed by the parents) or an involuntary placement. The parents are not required to submit a written answer to the Notice.
Once the Notice of Placement has been filed, the court must make a determination as to whether the DCP&P made reasonable efforts to keep the child in the home, and this determination will be included in an order. You should receive a copy of this order. The court will again make a determination on the placement of the child after a Child Placement Review Board conducts an enhanced 45-day review and submits a recommendation to the judge.
It’s important to understand the Notice of Placement differs from the complaint the DCP&P must file when it decides to remove a child from the home. The DCP&P files the complaint with the Deputy Attorney General, who then files a complaint and an Order to Show Cause with the court. Then, the court will decide whether or not to permit the removal to protect the child.
If you have received a Notice of Placement or a court order regarding the placement of your child, you should contact an experienced New Jersey child custody and child welfare attorney. The Notice of Placement simply commences the court proceedings. You will need the guidance of a knowledgeable attorney to navigate the rest of your case including any additional hearings at which you should be present. An attorney can help you understand the process, your role, and your rights.
Child welfare litigation can be complicated, but the knowledgeable attorneys at the Williams Law Group, LLC have the experience needed to defend your rights as a parent and protect your child’s best interests. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at firstname.lastname@example.org, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.