If you're a resident of Hudson County in New Jersey, and someone has reported you to the New Jersey Division of Child Protection and Permanency (DCP&P) for possible child abuse, you need to understand what's at stake for you and your family. Not only could you be facing an invasive investigation, but the possibility of forcible removal of your children from your home--and the possibility of criminal charges, as well. The "Division," as the DCP&P is sometimes called, has been entrusted with sweeping authority to do what is necessary to protect children from situations they deem to be unsafe--including the authority to temporarily or permanently take custody of your children. What's more, these investigations can sometimes lead to criminal charges, as well, which only adds to the stress and puts the future of your family and your freedom into doubt.
While being accused of child abuse can be extremely distressing (especially when the allegations are false), you need to remember that you still have rights that must be protected. The Lento Law Firm's Criminal Defense Team is here to defend those rights and to ensure your side is heard. We have extensive experience helping individuals in Hudson County and across New Jersey who are under DCP&P investigations and/or criminal accusations for alleged child abuse. Call us today at 888-535-3686 or fill out our online form.
New Jersey Takes a Firm Stance Against Child Abuse
Our children are our most vulnerable citizens, which is why it's so crucial to protect them against threatened or ongoing abuse. There is substantial evidence indicating that children who suffer abuse or neglect are at a higher risk of engaging in dangerous behaviors, such as criminality and substance abuse, later in life. This is why the Division takes its responsibilities seriously and has been granted significant authority by the state to intervene when a child's safety is perceived to be at risk.
While this aggressive approach to stopping child abuse is commendable, the system doesn't always protect the innocent against false claims of abuse. Members of the public are encouraged to report any suspected cases of abuse to the DCP&P, and they are permitted to do so anonymously. This means anyone can file a complaint if they believe they have witnessed abuse, regardless of whether it actually occurred--and some have even abused the system to level false accusations of child abuse (for example, an estranged spouse might file a report against their ex to gain leverage in a child custody dispute). Once a report is made, the Division is obligated to investigate.
The Nature of Division Investigations
It is essential to note that the Division is not a law enforcement agency, which means their investigative procedures differ from those of traditional law enforcement bodies and aren't necessarily designed to be impartial. The primary aim of the Division's investigations is not to determine whether a crime has been committed but to assess if a child's well-being is at risk. Consequently, they can remove a child from your custody without filing criminal charges, although they may refer cases to the police if criminal activity is suspected.
As a subject of a Division investigation, this can leave you in a perplexing legal situation. Unlike in a criminal investigation, where law enforcement must inform you of your right to remain silent (and your silence cannot be used against you), choosing to remain silent during a Division investigation might be interpreted as an indication of guilt or concealment of information.
Your Legal Team Is Your Best Defense Against the Division
Do not presume that a favorable outcome will occur simply because you are innocent or because the allegations are unfounded. The Division's investigative process inherently favors the child's welfare over impartiality. Consequently, they are inclined to err on the side of caution, potentially making adverse decisions against you if deemed necessary for the child's safety.
Once the Division initiates an investigation, your custodial and parental rights are at risk regardless of your guilt or innocence. Understanding whom to speak to, what to say, and when to say it can be tricky during a Division investigation. To protect your right to due process, you need a skilled legal team who understands the nuances of DCP&P investigations and can make sure your rights are protected. The Lento Law Firm's Criminal Defense Team is well-versed in defending the rights of parents and guardians in situations like these, both across Hudson County and throughout New Jersey.
Division Investigations Can Lead to Criminal Charges
Although the Division is not a law enforcement body, its investigations can still result in criminal charges. If a case worker finds evidence suggesting child abuse or any other offense, they may refer the matter to the appropriate Hudson County law enforcement agency. This would mean facing dual investigations—one by the Division and one by law enforcement.
This reality highlights the necessity of involving our Criminal Defense Team early in your case. The Division often initiates investigations unexpectedly, using surprise tactics to prevent evidence destruction or fabrication of cover stories by the guilty party. However, such tactics can also imperil your rights. The Lento Law Firm Team not only can help you navigate the potential pitfalls of incriminating yourself during Division investigations, but we can also intervene and come to your defense if the investigation subsequently results in criminal charges.
How Division Investigations Work
When the Division determines there is sufficient evidence to initiate an investigation, they usually start by arranging a visit from a case worker or investigator to your home. This visit serves multiple functions. Primarily, the caseworker aims to evaluate whether the living environment is safe for the child. If it is deemed unfit, the caseworker will further assess if the observed conditions might constitute criminal behavior.
During a home visit, the Division caseworker typically undertakes several actions, which may include:
- Inspecting the home for cleanliness
- Checking for adequate provisions such as food, water, and other necessities
- Interviewing you and any other adults living in the home
- Speaking with the child and/or their siblings and housemates
Additionally, the caseworker might request that you sign a medical release form, enabling a licensed professional to conduct a medical examination of the child or review the child's medical records. If there is any indication of illicit drug use or alcohol abuse, they may also ask you to undergo drug or alcohol testing.
How to Handle Home Visits and Division Investigations
Remember, Division investigations are not impartial; the Division prioritizes the child's best interests over yours. Therefore, it is crucial to consult an attorney immediately upon learning that you are under investigation by the Division. You have rights, and being investigated does not strip you of your ability to protect them.
Navigating this process requires skill and experience to strike a balance between safeguarding your rights and not giving the Division grounds to suspect you are concealing anything. While your primary goal is to retain custody of your child, the caseworker is likely looking for reasons to justify removing the child from your custody.
The Lento Law Firm Criminal Defense Team is committed to ensuring that the Division respects your rights throughout their investigation. We will leverage our extensive resources, experience, and legal acumen to present the strongest possible case for why you should maintain custody of your child. Do not attempt to navigate this challenging process alone.
Potential Outcomes of a Division Investigation
Upon concluding their investigation, the Division's caseworker will evaluate the evidence and issue a final determination. This determination will fall into one of four categories, each varying in severity from the most detrimental to the most favorable from a parental viewpoint.
Substantiated
If an allegation is substantiated, it means the Division has found clear evidence of child abuse or neglect, along with an aggravating circumstance. In these cases, the Division will send the findings and evidence to local law enforcement for possible prosecution. Your name will also be added to the New Jersey Child Abuse Registry, restricting your interaction with children, the elderly, or disabled individuals, and will appear on background checks. This outcome carries serious and lasting consequences.
Established
A finding of "established" means the caseworker has gathered enough evidence to support claims of abuse or neglect, but no aggravating circumstances are present.
Not Established
This outcome signifies that while there was insufficient evidence to support a charge of abuse or neglect, the child was nonetheless exposed to some degree of harm or danger.
Unfounded
This is the most favorable outcome. An unfounded determination indicates that there is no evidence of harm to the child or any risk posed by you.
Each of these outcomes impacts your ability to retain or regain custody of your children differently. Regardless of the result, the Lento Law Firm Team can assist you in navigating the next steps with the Division. Even in adverse cases, we may be able to devise a mutually acceptable plan to help you maintain or restore your parental rights.
Aggravating and Mitigating Factors
Cases classified as substantiated are the most severe, primarily because they involve aggravating factors. An aggravating factor is a condition that escalates an abuse allegation to a potential criminal level. Reinstating your parental rights can be particularly difficult when the Division finds aggravating factors present. Examples of such factors include:
- Situations where the child died or was nearly killed due to the uncovered abuse or neglect
- Exposure of the child to sexually explicit images, materials, or illicit sexual activities
- A prior history of abuse involving any children, including those not in your care
- Denial of essential care that caused or could have caused significant harm to the child
- Failure to take reasonable steps to protect the child from physical or sexual abuse
- Non-compliance with court orders concerning the child's care or adherence to a safety plan
- Potential long-term physical, psychological, or emotional harm to the child
- Elevated vulnerability or susceptibility to abuse due to the child's age, disability, or developmental status
The Division must also consider mitigating factors in cases of abuse or neglect. These factors can help restore parental rights or lead to a child safety plan that allows you to maintain custody. Examples of mitigating factors include:
- Proactive steps taken to rectify the situation before the investigation concluded (e.g., hiring a professional cleaning service to address an unsafe home environment or removing an adult from the home who was engaged in drug use).
- Exceptional circumstances that caused significant stress or upheaval, leading to an uncharacteristic act of negligence or abuse (e.g., severe emotional distress from a family death or financial hardship).
- Evidence or reasonable belief that the abuse or neglect was an isolated incident with a low chance of recurrence
- Instances where the abuse or neglect discovered was minimal in scope and severity
Your Right to Appeal
If you disagree with the Division's findings or receive an adverse decision, you have the right to appeal. This must be done through an administrative hearing, which you must request within 20 days of getting the Division's final report. While the appeals process can be complex, our Criminal Defense Team is ready to help you prepare a strong appeal and navigate the process, ensuring all necessary paperwork is filed correctly.
Permanent Termination of Your Parental or Custodial Rights
If the Division orders your child's temporary removal or suspends your parental rights, you have one year to address the issues that led to this action. Failing to meet the Division's requirements within this timeframe may result in the permanent loss of your parental rights. A Hudson County Judge must sign an order to this effect. They may permanently revoke your rights if they determine that:
- Continuing the relationship would harm the child's emotional, physical, or psychological development;
- You have not remedied the conditions endangering the child nor demonstrated the ability or willingness to do so;
- Removing the child from their current placement would cause long-term emotional or psychological harm;
- The Division has made sincere efforts to help you rectify the abusive conditions and has exhausted all alternatives before seeking termination and/or
- The benefits of terminating your parental rights outweigh any potential harm.
Don't Give Up Your Parental Rights Without a Fight
Discovering that you are under investigation by the New Jersey Division of Child Protection and Permanency can be overwhelming and frightening. While the Division has the authority to terminate your parental rights, you still have the power to contest their actions. Do not delay in securing legal representation to protect your rights.
The choice of attorney can significantly influence the outcome of your case. The Lento Law Firm's Criminal Defense Team is dedicated to defending your parental rights during Division investigations and guiding you through every step of the process. Do not leave your parental rights to chance or entrust them to an inexperienced attorney. Contact our team at 888-535-3686 or fill out our online form today.
