The New Jersey Division of Child Protection and Permanency, often simply called "the Division," oversees the well-being of minors in the state of New Jersey. The Division is part of the Department of Children and Families (DCF), and its responsibilities include ensuring effective guardianship and safe home environments that encourage positive growth. The Division has far-reaching authority to accomplish its goals, including the authority to remove children from unsafe environments.
If you are a Cumberland County resident who is being investigated by the New Jersey DCP&P, it's critical that you take action to protect your rights. Remember, the Division is legally authorized to not only levy legal charges against you but to remove your children from your custody on a temporary or even permanent basis. It's a nerve-wracking situation, to be sure, but The Lento Law Firm Criminal Defense Team can help. Call us at 888-535-3686 or contact us onlinetoday.
Reporting Suspected Child Abuse in Cumberland County, NJ
If you suspect a child may be the victim of abuse in Cumberland County, NJ, call the Child Abuse Hotline at 1-877-NJ ABUSE (652-2873). If the child is in immediate danger, call 911 instead.
Your call will be handled by a screener from the State Central Registry (SCR), which will gather initial information. Screeners are trained caseworkers who are qualified to handle these types of reports.
If you're calling SCR, you should have the following information at hand:
- The names, ages, and addresses of: the child you're concerned about, that child's caregiver(s), the party or parties you suspect of abuse or neglect, the nature of the alleged abuse/neglect
- Information about any injuries the child may have potentially sustained
- When the suspected abuse or neglect occurred (or when you became aware of it)
- Where the alleged abuse/neglect occurred
- The child's current location, if known
- Whether the alleged perpetrator currently has access to the child
- Whether you feel urgent action is necessary due to a threat of immediate harm to a child (remember to call 911 if there is an immediate threat)
- Any other information that prompted you to place the call
The NJ Child Abuse Hotline is available 24 hours a day, seven days a week. Callers can remain anonymous when placing a call.
The law protects callers from civil liability, meaning that callers typically cannot be sued if they genuinely had reason to worry about the child's safety. In fact, the law actually carries penalties for those who fail to report their concerns about a child's well-being, with the DCF able to qualify someone as a "disorderly person" in these situations.
The Process of a DCP&P Investigation in Cumberland County, NJ
Typically, the DCP&P will begin its investigation within 24 hours of receiving a credible report of abuse or neglect, as determined by the call screener. If the investigation moves forward, it usually follows this process:
Step 1: Home Visit
A caseworker is assigned to the case by the Division and sent to the home of the alleged victim and their caretakers to begin the investigation process. If the caretakers are uncooperative, this caseworker can call in assistance from the police, the courts, or both. If a caseworker visits your home, it's wise to immediately contact a qualified attorney and ensure your rights are protected.
Step 2: Interviews
The caseworker will often interview the child and the caretakers, as well as any other individuals relevant to the investigation. This could include siblings, relatives, or other parties residing in the home. Refusing to allow a caseworker to investigate could arouse their suspicion, but it's understandable that you wouldn't want to speak with them without having a lawyer present. This is a tough situation to be in, which is why it's important to contact the Lento Law Firm immediately should a caseworker pay you a visit.
Step 3: Safety Assessment
As part of the investigation, the DCP&P caseworker will check for safety risks at the home. Depending on their findings, this could result in the Division asking the child's parents/caretakers to enter into a Safety Protection Plan. Factors that could trigger a Safety Protection Plan include:
- Lack of access to essentials like food or water
- The presence of drugs, weapons, or other potentially harmful materials or items
- Other unsuitable physical conditions within the home
What Is a DCP&P Safety Protection Plan?
A Safety Protection Plan attempts to ensure the well-being of a child by setting requirements and conditions their parents or caretakers must meet. Failure to meet the requirements of the plan could result in legal action against the parents or caretakers.
Having a Safety Protection Plan implemented and understanding how to handle the situation at any stage of an investigation can be very stressful. That doesn't mean it has to be. When you hire an attorney with the Lento Law Firm's Criminal Defense Team, you'll have assistance from someone who can help you better understand how to navigate these circumstances.
Division Investigations Are Not Impartial
Because the Division is not a law enforcement agency, their investigations aren't held to the same standards of impartiality. An investigating caseworker is not trying to determine whether or not a crime has been committed. They are only trying to determine whether or not the well-being of a child is in jeopardy.
This places you in a confusing situation if you're being investigated. Say you refuse to speak with an investigator without having your lawyer present. In a criminal case, you have the right to remain silent, and this cannot be held against you. But because the caseworker isn't conducting a criminal investigation, they can interpret your refusal to speak as a sign of having something to hide.
A child can be removed from your care as the result of a Division investigation even if criminal charges are never filed. Conversely, if the investigation uncovers evidence of criminal activity, the caseworker can easily refer the case to the police.
Understanding Aggravating and Mitigating Factors
As the investigation is conducted, the investigator will look for both aggravating and mitigating factors to inform their decision. Aggravating factors elevate the case from an abuse allegation to a potential crime. Examples of aggravating factors include:
Situations in which the child died or nearly died as a result of abuse or neglect uncovered during the investigation
- Exposing the child to sexually explicit images, material, or unlawful sexual activity
- Having a previous history of abuse against any children, including those not in your custody
- Denying essential care to the child, whether this caused significant harm or could have posed significant harm
- Failing to take adequate and reasonable steps to protect the child from physical and/or sexual abuse
- Failing to abide by court orders concerning the child's care or to adhere to a child safety plan
- Finding the potential for long-term physical, psychological, or emotional damage to the child
- The child has an elevated level of vulnerability or susceptibility to abuse due to age, disability, or developmental capabilities
Mitigating factors are essentially the opposite of aggravating factors. When a caseworker discovers mitigating factors during an investigation, it creates the opportunity for your parental rights to be preserved or restored. Examples of mitigating factors include:
- Taking positive steps to remedy the situation before the investigation was concluded. For example, hiring a professional cleaning crew for a home that was ruled as an unsafe environment or removing an adult who was abusing controlled substances from the home.
- Having unusual and pressing circumstances that created a sufficient level of stress in order to trigger an out-of-character act of negligence or abuse. For example, extreme emotional distress due to a death in the family or economic adversity.
- Finding evidence or reason to believe that the abuse or neglect was an isolated incident with a low likelihood of repetition.
- Finding that the abuse or neglect was extremely limited in scope and severity.
What Are the Potential Outcomes Of a Division Investigation?
Division investigations will conclude with one of four outcomes. Here they are, in order of best-case outcome to worst-case outcome from your perspective as a parent:
- Unfounded - As a parent, this is the best possible outcome. It means the investigator found no evidence that the child is in danger or has come to harm.
- Not Established - In this case, the investigator comes to the conclusion that there was some degree of harm or danger, but there is insufficient evidence to support a charge of abuse or neglect.
- Established - The investigator determines that there is sufficient evidence to support allegations of abuse or neglect but that no aggravating circumstances are involved.
- Substantiated - This is the worst possible outcome for a parent or guardian. An allegation is substantiated when the investigator uncovers conclusive evidence of child abuse or neglect along with an aggravating circumstance.
If there is a substantiated case of child abuse or neglect, the Division will notify the Cumberland County Authorities for consideration of prosecution by sending them their determination and any relevant evidence. Your name will be recorded on the New Jersey Child Abuse Registry. This has severe consequences, restricting or preventing you from having contact with any children, the elderly, or the disabled in any capacity.
Being part of this registry is a matter of public record. It will appear on routine background checks and employment screenings, carrying with it long-lasting and severe consequences.
These outcomes each have different effects on your ability to retain or regain custody of your children. Regardless of what happens, the Lento Law Firm can work with you and the Division to help navigate your path forward.
Your Legal Team Is Your Best Defense Against the Division
A DCP&P investigation is a stressful event with extremely serious consequences. It's critical that you contact an experienced attorney as soon as you discover that you're under investigation. The Lento Law Firm Criminal Defense Team knows how to protect the rights of parents going through Division investigations, and we have extensive experience working DCP&P cases throughout New Jersey — including in Cumberland County.
Remember that Division investigations are far more subjective than criminal investigations. The caseworker's duty is to protect the welfare of the child, and that can mean they'll "err on the side of caution" and make decisions against you even if there isn't ironclad evidence.
When you work with the Lento Law Firm, we will do everything in our power to protect the custody of your children, your reputation, and your rights throughout the investigation.
Your Right to Appeal
If you disagree with the Division's findings, you have the right to appeal. You must make your appeal request via administrative hearing within 20 days of receiving the Division's final report. The Lento Law Firm Criminal Defense Team can help you navigate the appeals process and ensure that you make the strongest possible appeal.
Don't Give Up Your Parental Rights Without a Fight
It's a gut-wrenching feeling to learn you are being investigated by the New Jersey Division of Child Protection and Permanency. The Division can restrict or outright terminate your parental rights, costing you custody of your child. In the worst outcomes, the Division can charge you with criminal offenses that carry heavy monetary fines and even jail time. They can also place you on a national registry of offenders that will permanently affect your ability to find work.
Simply being under investigation is enough to potentially damage your reputation. It's a stressful and emotional time, and it's not something you should go through alone.
Choose the Lento Law Firm Criminal Defense Team to make sure your rights are represented throughout the investigation. We have the experience to guide you every step of the way. A Division investigation simply puts too much at stake for you to trust your future to anyone else. Call our team at 888-535-3686 or contact us online today!
