Having an investigator from the New Jersey Department of Child Protection and Permanency (DCP&P) show up at your door can be a frightening experience. This agency has the authority to potentially remove your children from your home and may be requesting access to your residence, your children, and an interview with you. They may even be accompanied by a police officer and have a warrant.
Thankfully, you don't have to face this situation alone. You can call the Lento Law Firm for help. We assist families dealing with DCP&P issues, guiding them through the process, helping them deal with DCP&P officers, and even representing them in court if necessary. Call 888-535-3686 or send us your information via our confidential form so we can discuss your case.
DCP&P Investigations and Findings
When DCP&P receives a report of child abuse or neglect, it must begin an investigation within 24 hours or by the end of the day if possible. A department officer conducts the investigation, and the findings determine what steps you and your family will have to take next.
DCP&P must complete investigations within 60 days. The first step in the investigation is "screening," where the officer determines if it's a valid complaint for DCP&P or must be sent to another agency or department. Reports of child abuse or neglect can only proceed to investigations if they meet these requirements:
- Concerning a child under 18 and a perpetrator with custody
- Containing allegations that a child was harmed or is at serious risk of being harmed
- Showing information that the parent or caregiver is responsible for the harm
DCP&P will conduct interviews with caregivers, parents, teachers, and the child in question to gather information. In some cases, they may also speak with coaches, tutors, medical professionals, counselors, or religious advisors connected to the child. Additionally, DCP&P will visit the child's home one or more times to ensure that it's a safe environment. Upon completing their investigation, DCP&P will provide a detailed report on their findings, which will determine if the allegations of abuse or neglect are unfounded, not established, substantiated, or established.
Unfounded Allegations
If DCP&P cannot find enough evidence to support claims of abuse or neglect, and there's no proof that you endangered or harmed your child, their report will state that the accusations are "unfounded."
Not Established Allegations
If the DCP&P report concludes that the allegations are "not established," it's not as conclusive as "unfounded." The report will state that the allegations aren't proven if there's evidence that you caused harm to your child or put them at risk but there's not enough evidence to support claims of neglect or abuse.
Substantiated Allegations
The agency's report may label the accusation of abuse or neglect as "substantiated" if there is a "preponderance of the evidence" suggesting that you did, in fact, mistreat or neglect your child.
Established Allegations
DCP&P will consider mitigating and aggravating factors when investigating allegations of abuse or neglect. If the mitigating factors outweigh the aggravating factors, the officer may find the report "established" instead of "substantiated." Some factors DCP&P looks at include:
- Remediation you make before the DCP&P investigation ends
- Temporary or extraordinary circumstances that forced you to act uncharacteristically
- Isolated events of abuse or neglect
- Abuse or neglect that is limited, minor, or with negligible physical, psychological, or emotional impact on the child
How the Lento Law Firm Can Help with a DCP&P Investigation
If you or your family are being investigated by DCP&P, you should seek the Lento Law Firm's assistance as soon as possible. Our New Jersey Criminal Defense Team can protect your rights throughout the process, including any hearings and appeals.
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Investigative visits: We can be present during any DCP&P interviews to ensure that they're carried out according to law and that the DCP&P officer doesn't overstep their bounds or try to intimidate you. We can also help you obtain information from DCP&P about the investigation, such as whether you're the accused perpetrator and the details of the allegations of abuse or neglect.
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Getting access to DCP&P evidence: Gathering evidence from DCP&P related to the investigation can be difficult, as the law prohibits its release without good cause. However, our Team can help you access the information you need for your DCP&P case or any criminal charges brought against you by the state.
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Court hearings: After a DCP&P investigation, the agency may file a complaint in court to seek relief. In such cases, a judge will make a general ruling on whether your child has been neglected or abused according to New Jersey law. Our Team can represent you at these hearings.
- Appeals: You have the option to appeal a DCP&P decision that the allegations of neglect or abuse are "substantiated" or "established." You can ask for a review from DCP&P and the Office of Administrative Law in New Jersey, where you and your attorney can present additional evidence to challenge and rebut DCP&P's findings. However, you must request an administrative appeal within 20 days of receiving the agency's decision. If you're already involved in a Superior Court case with DCP&P, you may be able to request an appeal through the court as well.
Call the Lento Law Firm for Help With the DCP&P
A finding of abuse or neglect by the DCP&P can have a devastating effect on your family, including your children being taken from you. You need the Lento Law Firm's Criminal Defense Team by your side to help you make sense of the DCP&P investigation findings and advise you on how best to deal with the DCP&P in your situation. Our Team has helped many New Jersey families affected by DCP&P investigations, and we're ready to help yours, too. Call 888-535-3686 or fill out our confidential contact form, and a member of our Team will get back to you.
