The New Jersey Division of Child Protection and Permanency (DCP&P) is the primary agency tasked with protecting the welfare of minor children in the state. The DCP&P used to be called the Division of Youth and Family Services, but whatever name is being used, the DCP&P has broad authority to investigate allegations of child abuse and neglect. They can also take steps to protect children, including forcing parents to receive treatment or complete testing, as well as removing children from their homes.
If you're in Essex County and discover that you're under investigation by the DCP&P, contact the Lento Law Firm Criminal Defense Team as soon as possible. If you don't contact them, you could find the DCP&P taking your children away from you, even if you've done nothing wrong. In some cases, you might even face criminal charges. Contact us online or by calling 888-535-3686.
How the DCP&P Works in Essex County
The DCP&P (also known as “the Division”) has statewide jurisdiction. It relies on local offices in Newark, East Orange, Maplewood, and Millburn to handle cases in Essex County. From these locations, the Division conducts its investigations and takes steps to protect children from neglect and abuse.
Division Investigations in Essex County
An investigation begins with someone submitting a report of suspected child abuse or neglect. This report can come from anyone, such as a doctor, teacher, church leader, coworker, or first responder. If the DCP&P believes this report provides sufficient information to substantiate a possible case of child abuse or neglect, they will assign someone to start an investigation.
These investigations often begin with a visit to your home because the investigator wants to interview you and anyone else with information relating to the allegations, like another parent, sibling, or relative living at home. They also want to look for evidence that might support the claims made against you.
For example, if you've been accused of neglecting your child, they'll want to see if your child has a suitable living environment, like a decent place to sleep, a clean home, and enough food and other necessities. If the allegations mention you abusing drugs, the investigator may look for drug paraphernalia or other signs of drug use, as well as ask you to take a drug test.
An investigator may also go to your child's school to talk to teachers and other school employees. If relevant, they'll ask your child to have a medical exam and look at school or medical records. Some of these investigative steps can only take place with a court order or after you've signed a release form.
Potential Findings Following a DCP&P Investigation
After completing its investigation, the DCP&P will reach one of four possible conclusions. From your perspective, here they are from best to worst:
- Unfounded: The investigation found no evidence that your child was harmed or that you're a danger to them.
- Not established: The investigation found that your child was exposed to some harm or neglect, but there isn't enough evidence to support a charge against you for neglect or abuse.
- Established: Evidence of child abuse or neglect exists, but the mitigating factors outweigh the aggravating factors.
- Substantiated: The Division concludes your child was the victim of abuse or neglect, either because clear evidence exists supporting this conclusion or because the aggravating factors outweigh the mitigating factors.
What Are Mitigating and Aggravating Factors?
A mitigating factor is something that could lessen the consequences that you could face if you were found to have abused or neglected your child. This could mean you don't lose your parental rights or that the DCP&P will be willing to allow you to retain custody of your child as long as you comply with a child safety plan. Examples of mitigating factors include:
- Taking remedial action to fix any problems or deficiencies before the investigation finishes.
- Extreme circumstances that may cause you to act in an uncharacteristic manner.
- The abuse or neglect is an isolated incident.
- The abuse or neglect results in minor emotional, psychological, or physical harm to your child.
An aggravating factor is something that may not by itself be proof of abuse or neglect but can serve as a strong indicator that abuse or neglect exists. An aggravating factor can allow an investigator to conclude that abuse or neglect exists when taking into account the nature of the allegations and other facts of the case. Some examples of aggravating factors are:
- The existence of prior allegations of child abuse or neglect that led to substantiated or established child abuse or neglect.
- You fail to comply with a court order or other conditions put into place to protect your child.
- You attempt to cause any significant physical, emotional, or psychological harm to your child.
Appealing a DCP&P Finding
You have the right to appeal the DCP&P's findings after its investigation. You must file the appeal within 20 days of receiving the DCP&P's investigation report. If you file an appeal, it's strongly recommended you do so with the help of legal counsel.
Consequences of a DCP&P Investigation
Assuming the DCP&P concludes you were responsible for your child's abuse or neglect, you could face one or two very unpleasant situations.
First, you could face criminal charges. These could relate to not just child abuse or neglect but also any underlying criminal offenses that led to the charges of abuse or neglect. Second, you could have your parental rights terminated.
Termination of Parental Rights
This is probably the most feared consequence of a DCP&P investigation. If the DCP&P removes your child from your custody, you'll usually have one year to remedy the situation(s) that led to your child's removal. If you fail to fix the problem(s) within that timeframe, then the DCP&P may ask the court to permanently remove your rights as a parent. This isn't an easy hurdle to overcome, but an Essex County Judge may grant the DCP&P's request if they can show:
- Your child's safety, development, or health will be in danger if you remain the legal parent of your child;
- You are unwilling or unable to make changes necessary to ensure your child's safety and well-being;
- The DCP&P has taken reasonable steps to help you, but those steps have been unsuccessful, and DCP&P has considered other options besides terminating your parental rights and
- The termination of parental rights will not do more harm than good.
Limits to the Division's Legal Authority
It might seem like the DCP&P has tremendous power over your lives and those of your children. This is true, although that doesn't mean they can do just anything, either to you or your child. The following are some limits on their power and what they can do when investigating allegations of child abuse or neglect.
Force You to Provide Information
The DCP&P cannot legally force you to cooperate or provide them with information. This includes talking to them, providing them with requested documentation, or allowing them into your home. However, there are several caveats to be aware of.
First, the DCP&P can get a court order to force you to provide the requested information, such as access to confidential documents like medical records.
Second, if the DCP&P believes your child is in immediate danger, they can enter your home to remove your child, even without a court order. They would do this if they believe your child could be harmed and waiting for judicial assistance would take too long to prevent that harm.
Third, it may sometimes be in your best interests and that of your child to cooperate with DCP&P. In some situations, answering an investigator's questions or allowing them into your home could clear up any misunderstandings or confusion that led to a complaint against you.
Also, while exercising your right to remain silent can't be used against you in a criminal investigation, it can be used against you in a DCP&P investigation. This is because the investigator can use your decision not to cooperate as evidence that you have something to hide. That being said, you should only cooperate after first speaking to an attorney.
If there's one thing to take away from this article, it's that the Division's primary interest is protecting a child they think could be in danger. If this means subjecting you to an investigation even if you turn out to be innocent, so be it, as long as they think they're protecting a minor child.
Another reason to be careful when talking to representatives from the Division is because they can refer your case to law enforcement. If you're not careful, you could face criminal charges in addition to the state of New Jersey taking your child away from you.
So, what should you do if you get someone from the DCP&P knocking on your door? You should answer the door but understand you're probably feeling very stressed and anxious and could come across the wrong way. You also don't want your responses and interactions to be used as evidence against you. Yet your refusal to cooperate could be used against you.
Therefore, your best course of action is to politely explain that you're not going to let DCP&P inside your home or question you at this time. However, you're more than willing to cooperate and make arrangements for them to come by at a later date. You can then use this time to find an attorney who can assist you during the investigation.
Place You Under Arrest
Division investigators and employees are not law enforcement officers, so they have no authority to arrest you. Just remember that they can refer your case to the police or ask for police assistance if they believe you're putting them or your child in immediate danger.
Refuse to Give You Basic Information About the Case
Some of the details about the suspected child abuse or neglect report can remain confidential. But the DCP&P must still give you basic information about what's happening. This includes telling you why they're conducting an investigation, confirming whether you're being accused of neglect or abuse, giving you basic information about the allegations against you, and providing you with their name and contact information.
Access Confidential Information Without Permission
When investigating accusations of child abuse or neglect, the DCP&P may want to examine a variety of documents, like counseling notes, school documents, and medical records. This is typically confidential information requiring your consent before the DCP&P may look at these documents.
You have the right to refuse to refuse to give this consent, but remember that the DCP&P may be able to get a court order to access the information. The bottom line is that you want to cooperate with the DCP&P investigation, but you also want to maintain your privacy and not do anything to incriminate yourself.
Don't allow the DCP&P to pressure you into giving them permission by signing a release. Instead, first, speak with an attorney who can explain when and why you should sign the release. A lawyer may also be able to restrict what the DCP&P can access, as releases they ask you to sign are often overly broad and allow them to look at information that's unrelated to their investigation.
Make You Take a Drug Test
Depending on what you're being accused of, the DCP&P might ask you to take a drug test, but you have the right to refuse. The only time the DCP&P can force you to take a drug test is if they first get a court order.
Protecting Your Rights as a Parent
Even if you know you've done nothing wrong and that any investigation into possible child abuse or neglect will turn up nothing, getting contacted by the DCP&P can still be a scary and stressful experience. Could a misunderstanding during the investing mean your child gets taken away from you? Or perhaps you have an ex-spouse who is trying to falsely accuse you of being a bad parent. Whatever the situation, you should take any accusations of child abuse or neglect seriously. The DCP&P's primary concern is children, not parents. However, you still have rights and can defend yourself against the allegations.
The Criminal Defense Team from the Lento Law Firm knows how the Division works and what goes on during its investigations. We have experience handling these cases and can guide you through the process so your rights as a parent are protected, and the best interests of your child are maintained. You can reach us at 888-535-3686 or through our online contact form.
