Dedicated parents work through and endure challenging situations to protect their children from harm. However, even those committed to their children's success and livelihood risk being accused of abuse or neglect. It's one of the most shocking events in one's life—facing allegations from a family member, former spouse, or friend. Even if you're falsely accused, however, you must act quickly to defend yourself to mitigate the impacts on your life, career, and family.
Hunterdon County residents must grapple with the New Jersey Division of Child Protection and Permanency (DCP&P) to absolve their name of child abuse and neglect allegations. Many may want to handle the situation themselves out of panic, embarrassment, or despair. But without experienced, professional help, you risk damaging the following:
- Employment and occupational licenses
- Ability to apply for loans and financial aid
- Chances to avoid imprisonment, fines, and other penalties
- Opportunities to get custody of your children back
The Lento Law Firm Criminal Defense Team stands ready to provide you with top-tier guidance and support during emotionally charged times. Call us today at 888-535-3686 or contact us through our confidential online consultation form, and we will reach out to you.
The New Jersey Division of Child Protection & Permanency
Parental abuse and neglect and other crimes against children are often the origin point for victimized children falling into risky behavioral patterns such as criminality and substance abuse in adolescence and adulthood. To prevent child abuse and neglect, New Jersey's DCP&P has the authority to investigate complaints and allegations, including immediately removing children from the presence or custody of their caregivers and parents.
The Division also encourages anyone to report suspected instances of abuse and neglect. Unfortunately, a complaint can be made against you anonymously by someone who thinks they have witnessed abuse, regardless of whether abuse has taken place.
Critically, the DCP&P is not an official law enforcement agency, and as such, investigations follow a different path than state and local authorities that must uphold due process rights. The Division's focus is not determining whether a crime was committed; instead, it is determining whether you pose a threat to a child's well-being and safety. Therefore, the process is commonly unclear and not necessarily pitched to provide impartiality, and they can remove a child from your custody without filing criminal charges.
Reporting to DCP&P In Hunterdon County
A majority of child abuse and neglect allegations emanate from family members and close community associates. As mentioned before, anyone may file a report with the Child Abuse Hotline (State Central Registry), which is open every day, 24 hours a day. Reports requiring an in-person response are forwarded to the local DCP&P office, which launches an initial investigation.
DCP&P has one local office in Hunterdon County, at 84 Park Avenue in Flemington. If you live in the county and are involved in a DCP&P investigation, you will appear there to meet with Division authorities and others during the process.
The Hunterdon County DCP&P investigates two types of cases:
- Child abuse: Allegations of physical, sexual, or emotional harm to a child under 18 caused by a parent, guardian, or someone entrusted with the child's care.
- Child neglect: Any failure by parents, guardians, or caregivers to provide adequate nutrition, clothing, shelter, medical care, or a safe living environment.
While anyone with knowledge of child abuse or neglect can report child abuse and neglect, New Jersey residentsactually have a legal responsibility. Those who knowingly fail to report suspected child abuse or neglect may be charged with a disorderly persons offense, punishable by up to six months imprisonment and a $1,000 fine.
Hunterdon County DCP&P Investigation Process
Once DCP&P receives a report of possible child abuse or neglect, it will send a caseworker or investigator from Hunterdon County to your residence. During the meeting, the investigator will want to speak with everyone named in the report, including you, the child in question, and anyone living in the home. After the initial visit, they may seek others for evidence gathering, including a child's extended family members, neighbors, doctors, teachers, or others with information about the child's livelihood.
While parents have the right to refuse entry to the investigator, DCP&P will seek a warrant from a judge to support law enforcement presence. During the investigation, authorities will search for evidence that fits into one of the below categories related to child abuse and neglect:
- Absolutely Substantiating Circumstances: The death or near death of a child because of abuse or neglect. Situations may include subjecting a child to sexual activity or inappropriate materials, creating an injury to receive significant medical attention, repeated instances of abuse or neglect, failing to take reasonable action to protect the child from sexual or physical abuse, and depriving a child of care.
- Aggravating Factors: Allegations of institutional abuse, evidence of delayed development or other child vulnerabilities, significant physical, emotional, or psychological impact, failure of the accused to comply with a court order or agreed-upon conditions protecting the child.
Aggravating factors are evidence that will elevate abuse or neglect allegations to potential crimes. Yet, they are a level of severity lower than absolutely substantiating circumstances, wherein initial substantiation could likely warrant the child being taken away immediately.
Restoring custody and paternal rights is more challenging in cases where the Division has ruled aggravating factors existed. However, New Jersey's DCP&P must also recognize mitigating factors in cases of abuse or neglect, which could create an opportunity for the restoration of parental rights or retention of custody. Mitigating factors may include:
- Any effects of emotional, physical, or psychological abuse or neglect on the child are limited, minor, or negligible (making amends after punishing a child in a public place without further instances).
- Taking self-imposed remedial actions before the end of the investigation (cleaning a home that was ruled a dirty, unsafe environment).
- Exceptional, situational, or interim stressors that caused the parent or guardian to act in an uncharacteristic, abusive, or neglectful manner (a parental outburst in the middle of severe economic stress).
- Uncovering evidence that child abuse or neglect was an isolated incident with a low likelihood of repetition (having no history of child abuse or neglect or acting in any way that would lead people to reasonably assume that it would occur again.
There's no telling how long an investigation will last. Each situation is different, but no DCP&P investigation can extend beyond 60 days.
How to Handle Home Visits and Division Investigations
Just as there is no way of knowing when an investigation will end, those accused of child abuse or neglect won't know when the investigator will show up at your door. Authorities may come to your residence, your place of employment, or others where you spend a lot of time, and you also can't predict who they'll speak to for gathering evidence and testimony.
Hunterdon County residents can't forget that investigations are not designed to be impartial. The Division's focus will always be on what it believes are the child's best interests, not the accused or even the accuser. It's essential to contact the Lento Law Firm Criminal Defense Team as quickly as possible once the Division launches an investigation because you have rights the DCP&P won't hesitate to breach.
For example, in a criminal investigation, law enforcement must advise you of your right to remain silent, which cannot be held against you. On the other hand, if you remain silent during a child abuse and neglect investigation, the DCP&P investigators may take that as you have something to hide. Your priority is retaining custody of your children, and your best outcome lies with the trust and experience the Lento Law Firm provides.
What Happens After DCP&P Investigations?
After completing their investigation, the Division's caseworker will assess the weight of the evidence and then make their final determination. This final determination must fall into one of four separate categories. From your perspective as a parent, these categories range in severity from the worst-case scenario to the best. They are as follows:
Once completed, the Division will send you a letter with the findings, which include one of the following determinations:
- Substantiated: A preponderance of the evidence establishes that a child is an abused or neglected child, indicated by the existence of any absolute conditions or on consideration of the aggravating and mitigating factors.
- Established: A preponderance of the evidence shows a child is abused or neglected, but there is no substantiation of aggravating and mitigating factors.
- Not Established: There is not a preponderance of evidence that a child was abused or neglected, but some evidence exists that the child was placed at risk or harmed.
- Unfounded: There is not a preponderance of evidence of abuse or neglect, nor were there aggravating or mitigating factors related to the child being placed at risk.
An unfounded determination is the best initial outcome after an investigation. Any other level of conclusion places you at risk, but substantiation means the Division has evidence that the child was harmed or placed at risk. Results, along with the evidence uncovered, are sent to Hunterdon County law enforcement authorities and the criminal justice system for consideration of prosecution.
Critically, the accused is also placed on the New Jersey Child Abuse Registry. It will severely restrict or prevent your ability to have contact with children in any capacity and is a matter of public record that will appear on routine background checks or employment screenings.
No matter what the outcome, our legal team can work with you and the DCP&P to navigate the path forward. Even in the case of substantiated allegation, we will defend you until you regain custody and full parental rights.
Hunterdon County DCP&P Court Process
DCP&P may file a complaint in the Family Division of the Superior Court of Hunterdon County seeking to remove the child from their home if they are considered to be in immediate danger. An Order to Show Cause is the DCP&P's proof for the accusation, which must include affidavits from witnesses seeking emergent relief from the court.
During a fact-finding hearing, Division representatives can introduce the evidence to support their case, and the accused can do the same to defend their position. If the court determines child abuse or neglect existed, a dispositional hearing will determine if the child should return home based on remedies provided to the accused, like counseling, treatment, or other forms of rehabilitation.
If the accused has been ordered to seek counseling or treatment, they must attend review hearings periodically to monitor progress for compliance. New Jersey grants one year for the accused to resolve the condition that led to removal, and at that point, the court will present a permanent solution.
Permanent Termination of Your Parental or Custodial Rights
A permanency hearing is a serious step in the process. If the DCP&P doesn't believe the aggravating factors are resolved, they will request termination of parental or custodial rights. Some reasons could be the following:
- The accused failed to remedy the conditions that led to removal.
- A relationship between the child and the accused would harm the child's emotional, physical, or psychological development.
- The DCP&P exhausted every alternative to parental custody and rights termination.
- Removing the child from their current temporary placement would cause the child long-term emotional or psychological harm.
While the Division has the authority to terminate your parental rights and change custody situations, you still have the right to fight back. If you disagree with the court's determination, you can request an appeal through an administrative hearing within 20 days of receiving the final report.
The Lento Law Firm Can Help You Defend Your Parental Rights and Child Custody
When you're involved in DCP&P investigations, the risks to your future and the stress associated with having your children removed from your care can be a life-altering experience. At the Lento Law Firm, we understand a turbulent time requires empathy and legal guidance to ensure your rights are protected, and our team of experienced attorneys can work with New Jersey's criminal justice system on your behalf.
Our team provides families throughout Hunterdon County with the information and representation they need to navigate DCP&P matters, including how to restore parental rights and defend against child abuse and neglect criminal matters. To learn how the Lento Law Firm Criminal Defense Team will promote your best outcome, call 888-535-3686now or contact us through our confidential online consultation form, and we will reach out to you.
