States have a responsibility to protect their youngest residents. In New Jersey, this responsibility falls to Child Protection and Permanency (DCP&P), a division of the Department of Children and Families. Longtime New Jersey residents may be more familiar with the office's previous name, DYFS, or the Division of Youth and Family Services.
Agencies like DCP&P serve an important purpose, but they can also overreach and trap innocent people in their investigations. Being accused of child abuse, endangerment, or neglect isn't a small inconvenience. It can affect where a person can live, what jobs they can do, and their reputation. For parents, such accusations could result in reduced time with their children.
If you live in Bergen County and you're facing accusations or charges of child abuse, endangerment, or neglect, you need to be ready to defend your reputation and your future. Trusting the system to work everything out to your advantage is a recipe for disaster.
Even well-meaning investigators may overlook important evidence or information. Out of a desire to protect children, innocent people may end up with long-ranging, damaging allegations hanging over them.
The Lento Law Firm Criminal Defense Team works with individuals in Bergen County and throughout New Jersey. Contact us using this form or by calling us at 888-535-3686.
The High Cost of Child Abuse
One reason why states and governments take an active role in protecting children is that the fallout from abuse or neglect lasts long beyond a child's early years. It can affect a child's physical, emotional, and social development. They may have trouble forming relationships and may suffer from Post Traumatic Stress Disorder (PTSD).
Abusive relationships, especially those during a person's formative years, can result in a person having trust issues. They may lack an understanding of what constitutes a healthy relationship or need to unlearn behaviors or actions.
Abuse undermines a person's sense of safety. This is especially true when children are abused by parents or other trusted adults.
Society as a whole benefits from curtailing and reducing child abuse and neglect. That's why organizations like DCP&P can be so zealous in investigating and pursuing allegations of child abuse, neglect, or endangerment. The focus isn't on how this will affect the life of the accused but on preventing additional harm to a child.
Investigations
DCP&P isn't law enforcement. Their investigations differ from criminal investigations, and they may sometimes work in conjunction with law enforcement, but a DCP&P investigation isn't automatically criminal.
In New Jersey, anyone can report suspected abuse or neglect. The state encourages anyone who has a "reasonable cause to believe" that a child is being abused, neglected, or put into danger to report this information. Individuals don't have to have evidence or proof. They simply need to think that abuse or neglect is happening.
Individuals can file a report with the State Central Registry (SCR). In emergency situations, individuals are instead directed to contact 9-1-1.
Individuals may file reports anonymously. This anonymity can make it difficult for an accused individual to defend against allegations. It can also allow individuals with ulterior motives to use the reporting system as a way to bully or harass another person.
One common example of false complaints involves custody disagreements during a divorce. In an attempt to prevent or limit the other parent from having custody, a parent may submit a false report.
Good Faith and Disorderly Persons
While New Jersey has laws banning reports that aren't made in good faith, that doesn't undo the damage to the accused. One of the wrinkles in reporting is that individuals who fail to report may also end up in trouble.
An individual might face a charge of disorderly person if they had reasonable cause to believe a child was being abused or neglected. In situations when a person fails to report a child being sexually abused may be found guilty of a crime in the fourth degree.
The difficulty with these laws is that they potentially create situations when someone files in good faith but also to avoid facing charges for failure to report.
What Information to Provide
When individuals file a report of suspected child abuse, New Jersey provides guidelines on what information to include.
Who
- The names of both the child and the alleged perpetrator
- A child's age
- The child's parents or caretakers
- The alleged perpetrator's relationship with the child
- The alleged perpetrator's contact information
What
- Type and frequency of suspected abuse and/or neglect
- If the child has any current or previous injuries
- What caused the reporter to become concerned and/or suspect neglect or abuse
- Any other relevant information
When
- When the alleged abuse and/or neglect occurred
- When the reporter learned and/or witnessed the abuse or neglect
Where
- The location or locations of the alleged abuse
- The child's current or last-known location
- If the alleged perpetrator has access to the child
How
- If there is an urgent need for intervention
- If a child is in imminent danger
For those who are accused, knowing what information an individual may have provided to the state can be useful in building a defense. Knowing these questions can also help someone put events into context.
The Lento Law Firm Criminal Defense Team works with our clients to anticipate and address these questions. We appreciate that being accused of child abuse or neglect can be stressful and emotional. We help our clients focus on establishing the facts and narrative necessary to defend themselves.
Investigations in Bergen County
After a report of child abuse or neglect is made in Bergen County, DDCP&P investigators coordinate with law enforcement officials and the Prosecutor's Office's specialized detectives of the Special Victims Unit/Megan's Law Unit. The group meets to determine the most appropriate response for the situation and the child.
One way they make this determination is through interviews. A specialized detective will meet with the child at the Bergen County Child Advocacy Center. The purpose of this center is to provide a welcoming space for children that makes it easier for them to discuss any abuse.
Following this meeting, a specialized Assistant Prosecutor will determine if and how the case will proceed through the criminal justice system, if at all.
One reason cited for why law enforcement is frequently involved when investigating child abuse cases is safety. While domestic issues can be emotional, the result is that law enforcement is involved even when there aren't criminal charges.
Investigation Steps
The purpose of an investigation is to gather evidence to decide if the initial report was accurate. These investigations include home visits. While families don't have to let DCP&P workers into their homes, individuals should be aware that DCP&P can involve law enforcement or the courts to gain access to their home.
The goal of an investigation, especially the home visit, is to determine if a child is safe and cared for. In situations when evidence indicates a child isn't being sufficiently protected or cared for, a DCP&P worker will decide if the abuse or neglect arises to the level of a crime.
Every home visit is different. The initial report and any interviews will shape the home visit and what DCP&P workers consider relevant. Some of the common factors in a home visit include:
- Is the home clean?
- Does the child and other members of the household have access to adequate food, water, and other necessities?
- Do interviews with family and others residing in the home paint a consistent picture?
As part of the investigation, DCP&P workers may talk with family, including siblings, housemates, and any other adults who reside there. They may also ask adults to submit to drug or alcohol screening.
During home visits, adults should focus on being open and not seeming like they want to hide any information during the investigation. This is easier than it sounds, as being forced to allow strangers into your home can be stressful and feel like an invasion of your privacy.
Parents and other adults should, as much as possible, remember the big picture: namely, disproving the allegations and showing that all children are safe within their homes.
Medical Release
Parents of a child who has been allegedly abused may be asked to sign a medical release form. The purpose of this form is to allow a licensed medical professional to examine the child or review the child's medical records.
Investigation Outcomes
Once an investigation is complete, DCP&P workers will review the assembled evidence and make a determination. These categories are:
- Substantiated. This is the most serious determination as it means that the investigation not only uncovered conclusive evidence of child abuse or neglect but also aggravating circumstances. DCP&P will likely forward the case to the Bergen County Prosecutor's Office, and that office will decide if criminal charges are warranted.
- Individuals will have their names placed on the New Jersey Child Abuse Registry. This registry is a public record, and its inclusion can derail a person's life.
- Being listed on the registry will show up in background checks and employment screenings.
- Established. While DCP&P did find sufficient evidence to support allegations of abuse or neglect, they didn't find evidence of aggravating circumstances.
- Not Established. DCP&P workers determined that there was insufficient evidence to support a charge of abuse or neglect. A child may have been exposed to some degree of harm or danger, but nothing that arises to violating a law.
- Unfounded. For the accused, this is the best outcome. It means the report wasn't accurate as DCP&P workers were unable to find evidence that a child was abused, neglected, or otherwise put in danger.
Aggravating Factors
Aggravating factors are faces or other evidence that moves a case of child abuse into potentially criminal territory. Examples of aggravating factors:
- A child died or nearly died because of abuse or neglect
- A child was exposed to sexual activity or sexually explicit images or material
- As a result of the abuse, a child needed to be hospitalized or receive significant medical attention
- A pattern of abuse committed against a child or children
- An individual deprived a child of necessary care, which resulted in serious harm or created a risk of serious harm
- Parents or guardians knew or should have known about the abuse or failed to take actions necessary to protect a child from abuse
Courts may look at a child's age, any disabilities, and any developmental delays. An individual's behavior or failure to protect a child may also be taken into consideration.
Mitigating Factors
Some information may put allegations into context or otherwise explain the situation. These are known as mitigating factors.
Some examples of mitigating factors:
- The alleged perpetrator took remedial, or corrective, action before the investigation concluded
- A parent or guardian experienced extraordinary, situational, or temporary stressors that caused them to act out in an unusual manner
- The abuse or neglect was isolated or unusual enough to be unlikely to be repeated
- The child suffered minor or limited physical, psychological, or emotional harm as a result of the abuse or neglect
Mitigating factors are any information that puts events into context. They might not entirely excuse an individual's actions, but they can reduce the negative impact child abuse or neglect allegations have on that person's life.
Appeals
Individuals have the right to appeal any DCP&P finding if they disagree with the outcome. Individuals have 20 days to file an appeal after they receive DCP&P's final report. For those who plan to appeal, the Lento Law Firm Criminal Defense Team can guide you through the process.
Protect Your Future
Being accused of child abuse or neglect can have lifelong implications for the accused. For parents, accusations may result in them losing custody and only having visitation rights.
Individuals may have their career options limited. They may not be able to live in certain areas. Accusations can affect their reputation and relationships.
If you're facing allegations of child abuse or neglect, contact the Lento Law Firm Criminal Defense Team. Contact us using this form or by calling us at 888-535-3686.
