When an investigator from the New Jersey Department of Child Protection and Permanency (DCP&P) arrives at your door, it can be an overwhelming experience. Individuals with the authority to possibly remove your children from your home may request entry, ask to speak with your children, and conduct an interview with you. Sometimes, they may even be accompanied by a police officer and a warrant.
How can you protect yourself and your family against accusations of abuse or neglect in this situation? Fortunately, you don't have to face this challenging situation alone. The Lento Law Firm's Criminal Defense Team can help. We assist families throughout New Jersey with DCP&P matters, and we're ready to take on your case. Call 888-535-3686 to schedule a consultation. You can also fill out our confidential contact form with your information, and a member of our team will get back to you.
DCP&P Reports
The New Jersey Division of Child Protection and Permanency (DCP&P), previously known as the Division of Youth and Family Services (DYFS), is responsible for ensuring the safety of children in New Jersey by investigating all reports of child abuse and neglect. When a report of suspected abuse or neglect is received, DCP&P is required to initiate a child protection investigation within 24 hours or, if feasible, by the end of the day on which the report is received.
Anyone may make a report to DCP&P, and the agency is required to screen it and possibly investigate it if it falls under DCP&P's jurisdiction. New Jersey has a hotline, 877-NJ ABUSE (877-652-2873), where reports can be made. Calls to law enforcement or 911 can also trigger DCP&P investigations. In New Jersey, it's a crime to fail to report suspicions of child abuse or neglect. Every resident in the state is considered a "mandated reporter" with a legal obligation to inform DCP&P if they suspect child abuse or neglect.
By law, DCP&P cannot disclose to parents who made the report of child abuse or neglect. The agency is also required to accept anonymous reports. You won't be able to confirm who filed a report concerning your child.
How DCP&P Investigations Work
DCP&P has 60 days to complete its investigation. Following the initial report, DCP&P conducts a "screening" at the state's central registry to determine if the report meets specific criteria to be valid. To qualify, the report must:
- Involve a child under 18 and a caregiver with custody
- Include allegations that the child was harmed or faces a serious risk of harm
- Indicate that the parent or caregiver is responsible for the harm
Certain cases are classified as urgent if:
- Law enforcement requests an immediate response
- There are serious physical abuse allegations
- The report alleges that a newborn was exposed to drugs
- A child under six is left unsupervised
- Allegations indicate the child needs immediate medical care
- A child has died, and another is at risk in the same household
During the investigation, DCP&P will interview caregivers, parents, teachers, and the child involved. They may also speak with others involved in the child's life, such as coaches, tutors, medical professionals, counselors, or religious advisors. DCP&P will make one or more home visits to assess the safety of the environment. Upon completing the investigation, DCP&P will classify its findings on the allegations as Substantiated, Established, Not Established, or Unfounded.
First Visit
When DCP&P receives a report of suspected child abuse or neglect, a caseworker from the nearest local office visits the child's home to assess safety and suitability. The caseworker inspects the living spaces and may document findings with notes, photos, or video, focusing on signs of neglect, such as unsafe items or evidence of abuse, like harmful objects or substances. They may interview parents, guardians, and anyone present in the home, as well as attempt to speak with the child and any other children in the household, looking for and documenting signs of abuse or neglect.
Investigation Procedure
At the first home visit, the DCP&P caseworker may request a release to access the child's medical and school records and may ask the parent to take a drug or alcohol test if substance abuse is suspected. Even without these requests, a follow-up investigation is likely. Caseworkers often gather additional information from medical staff, school personnel, family, neighbors, or law enforcement regarding the suspected abuse.
What To Do During the Investigation
When involved in a DCP&P investigation, be careful to protect your interests. You generally shouldn't speak voluntarily with a DCP&P caseworker, as anything you say may be used against you by the caseworker, police, or prosecutors. Remember, you have a right against self-incrimination. Avoid interfering with the caseworker's interviews with your child or others, as they have the authority to conduct these interviews. If needed, you may request to stand nearby to help your child feel more comfortable. Most importantly, contact the Lento Law Firm Criminal Defense Team as soon as possible so you can have guidance.
What Does a DCP&P Finding Not Established Mean?
A finding of Not Established is the second-most serious finding you can get. As a reminder, there are four possible findings: Unfounded, Not Established, Established, and Substantiated. Not Established means that evidence indicates the child was harmed or placed at risk of harm, but this evidence isn't sufficient to warrant an Established finding.
Basically, there's evidence of harm, but the evidence isn't strong enough to meet legal standards.
The difference between Unfounded and Not Established can be very subtle, but it's an important distinction. Not Established can cover a wide variety of situations—some parents have gotten a Not Established finding for spanking. Individual caseworkers are given a great deal of leeway when deciding Not Established cases and unfortunately, DCP&P isn't obligated to provide you with an explanation. Your caseworker might explain their reasoning to you, but they aren't legally required to do so.
Evidentiary Requirements for DCP&P Cases in New Jersey
Not Established means the evidence isn't convincing enough to find you responsible for child abuse or neglect. What does that mean, though? These investigations use a preponderance of evidence standard, which means the evidence must prove the abuse or neglect by a certainty of at least 51%.
New Jersey law also specifies several points concerning evidence in child abuse and neglect cases:
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Evidence of abuse or neglect of one child can prove it for another: DCP&P cases typically become all-or-nothing battles. Unlike in criminal court, where abuse or neglect must be proven for each child beyond a reasonable doubt, New Jersey law allows DCP&P to remove all children based on a preponderance of evidence of abuse involving just one child.
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Child injury: Criminal court requires proof beyond a reasonable doubt that connects the injury to the parent or guardian. New Jersey law removes this requirement in DCP&P cases, however, allowing the injury itself to imply responsibility without further evidence directly connecting the parent or guardian.
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Hospital and other records: In criminal court, hospital or similar records would generally be excluded as hearsay unless the individuals who made the statements are present in court for cross-examination. However, New Jersey allows the entire record, including hearsay, to be admitted as evidence in DCP&P investigations.
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Prior statements of children: In criminal court, a prior out-of-court statement by a child or adult, such as a child saying "Mommy or Daddy hit me," would generally be considered hearsay and thus inadmissible as proof of the statement's truth. The hearsay restriction is removed for prior child statements in DCP&P cases, allowing such statements to be admitted, even if they could be highly damaging evidence.
- Lower burden of proof: New Jersey law also reduces the standard burden of proof. In criminal court, the prosecution must prove each element of a charge beyond a reasonable doubt. However, under this statute, DCPP only needs to meet a preponderance of the evidence standard.
If you receive a letter from DCP&P stating that your investigation was Not Established, it means that the evidence they found couldn't meet these thresholds in one way or another. As these investigations differ from criminal law and DCP&P agents have a great deal of authority, it can be confusing to know where you stand and what to do once the investigation ends. The Criminal Defense Team at the Lento Law Firm can guide and advise you through the whole process and after you receive your Not Established finding.
What Actions Can DCP&P Take in a Not Established Case?
A finding of Not Established doesn't result in placement in the Child Abuse Registry, but the records are maintained with DCP&P and cannot be expunged. It could also result in ongoing monitoring or other services from DCP&P. Typically, a finding of Not Established doesn't lead to DCP&P taking your children away or a criminal proceeding related to child abuse and neglect.
Since a Not Established finding can be ambiguous, however, it's crucial to have the Lento Law Firm's Criminal Defense Team by your side. DCP&P processes can be very opaque, leaving you with many more questions than answers. Our team has dealt with DCP&P representatives, so we understand how the procedures work and what it takes to get information from them. We're also willing to help you find a solution, no matter what finding you get.
Can You Appeal a Not Established Finding?
In the form letter you receive from DCP&P explaining the investigation's finding, it will say that a Not Established finding isn't subject to administrative appeal. Upon reading that, you might think there's nothing else you can do. If your name isn't added to the Child Abuse Record Information (CARI) database, there's no need to take further action, right?
In fact, you can and should do something about a Not Established finding. While it won't show up in a CARI check, a Not Established finding is maintained in DCP&P records indefinitely. There's no opportunity to get the records expunged from DCP&P either—that option only applies to Unfounded findings.
There's still a way to appeal a Not Established finding, even if you don't go through DCP&P administrative procedures. You can submit a civil case information statement appeal to New Jersey's Appellate Division. Even if you decide not to follow through with the appeal until the end, you can still get access to your DCP&P case documents to better understand your Not Established finding.
It helps to have a team like the Lento Law Firm on your side if you want to take your Not Established DCP&P finding to the Appellate Division. We can ensure you fill out the form correctly and deal with the courts on your behalf. We can also make a strong case for your appeal.
How the Lento Law Firm Can Help
The Lento Law Firm can support you through each stage of the DCP&P investigation and resolution process. We are equipped to defend you no matter which finding you receive, including Not Established.
Our attorneys guide you through each step, helping you prepare for visits and interviews with DCP&P investigators. We ensure you answer only clear and understandable questions and that your responses are accurately conveyed. We can negotiate with DCP&P on your behalf and work to reach the best possible outcome. If DCP&P decisions don't go in your favor, we can represent you in court to challenge them. The Lento Law Firm also works to ensure you understand every step of the process—what all the legal jargon means and how it applies to your situation.
A DCP&P investigation can be overwhelming, but partnering with our Criminal Defense Team can ease the stress and often lead to better outcomes than attempting to navigate the process alone. We help families all over New Jersey deal with DCP&P investigations. We know how difficult it can be as a parent, and we're ready to lend our legal support to your case.
Call 888-535-3686 or fill out our confidential contact form to schedule a consultation.
