If you live in Morris County, being reported to the New Jersey Division of Child Protection and Permanency (DCP&P) for potential child abuse is no laughing matter--even if the allegations are false. Within a short period of time, you could be subjected to an intrusive investigation, face the risk of your children being forcibly removed from your home, and potentially encounter criminal charges. The DCP&P, often referred to as the "Division," holds extensive authority to protect children from perceived unsafe environments, including taking temporary or permanent custody of your children if authorities believe they could be in danger. Additionally, these investigations can sometimes lead to criminal charges.
While accusations of child abuse are highly distressing, you still have rights. The Lento Law Firm's Criminal Defense Team is prepared to defend those rights and ensure you are given due process. Our team has significant experience assisting individuals in Morris County and throughout New Jersey who are under DCP&P investigations or facing criminal allegations of child abuse. To schedule an appointment, call us today at 888-535-3686 or complete our online form.
Protecting the Children, But Not the Falsely Accused
While it's both necessary and admirable that New Jersey takes decisive action to protect at-risk children, unfortunately, the process sometimes leaves those falsely accused open to harm and damage before allegations are confirmed. The Division takes its role seriously as a guardian of the interests of the child and has been granted substantial authority by the state to intervene when a child is believed to be in danger. But there is little protection for innocent individuals from false abuse claims. The public is encouraged to report any suspected abuse to the DCP&P, with the option of anonymity. Consequently, anyone can file a complaint if they think they have witnessed abuse, even if it did not occur. It's also not uncommon for people to use the system vindictively to make blatantly false accusations--for example, to gain leverage in a child custody dispute or as retribution for another perceived wrong. Once a report is made, the Division is required to investigate--and that's where the trouble often begins.
The Nature of Division Investigations
The Division is not a law enforcement agency, which means their investigative processes differ from traditional law enforcement methods and are not bound to impartiality. The primary objective of the Division's investigations is to evaluate whether a child's well-being is at risk rather than to determine if a crime has been committed. As a result, they can remove a child from your custody without pressing criminal charges, although they may refer cases to the police if they do suspect criminal activity.
Being the subject of a Division investigation can place you in a difficult legal position. Unlike criminal investigations where law enforcement must inform you of your right to remain silent, and such silence cannot be held against you, remaining silent during a Division investigation might be viewed as an indication of guilt or withholding information, making the caseworker more likely to remove your child from a situation perceived to be threatening.
Your Best Defense Against DCC&P Investigations
Because of the lack of impartiality in a Division investigation, you cannot rely on your innocence of the claims to win the day. The Division prioritizes the welfare of the child over neutrality, and if they see anything that they deem questionable, they are more likely than not to err on the side of caution, potentially making adverse decisions against you if they believe it is necessary for the child's safety.
Once an investigation begins, your custodial and parental rights are at risk regardless of your innocence. The best way to ensure your right to due process is by having a legal team familiar with the intricacies of DCP&P investigations. The Lento Law Firm's Criminal Defense Team has extensive experience defending parents and guardians in these situations throughout Morris County and New Jersey.
Division Investigations Can Also Lead to Criminal Charges
If a Division caseworker uncovers evidence of child abuse or another crime, they may refer the matter to the appropriate Morris County law enforcement agency. This could result in concurrent investigations by both the Division and law enforcement--one to ensure the safety of the child and the other to determine whether to charge you with a crime.
This underscores the importance of involving our Criminal Defense Team early in your case. The Division often starts investigations without warning, using surprise tactics to avoid evidence tampering or the creation of false narratives by the guilty party. However, such tactics can also jeopardize your rights. The Lento Law Firm Team can help you navigate the potential risks of self-incrimination during Division investigations and step in to defend you if the investigation leads to criminal charges.
How Division Investigations Work
When the DCC&P decides there is enough evidence to start an investigation, they typically begin with a visit from a caseworker or investigator to your home. This visit serves two key purposes. First, the caseworker seeks to determine if the living environment is safe for the child. Second, they will assess whether the conditions indicate possible criminal behavior and need to be reported to law enforcement.
During a home visit, the Division caseworker generally performs several tasks, including:
- Inspecting the home for cleanliness
- Checking for sufficient provisions such as food, water, and other necessities
- Interviewing you and any other adults in the home
- Speaking with the child and/or their siblings and housemates
The caseworker might also ask you to sign a medical release form allowing a licensed professional to conduct a medical examination of the child or review the child's medical records. If there are indications of illegal drug use or alcohol abuse in the home, they may request you undergo drug or alcohol testing.
How to Handle Home Visits and Division Investigations
Keep in mind that Division investigations are not neutral; the Division places the child's best interests ahead of yours. Therefore, it is vital to seek legal counsel immediately upon discovering you are under investigation by the Division. You still have rights, and being investigated does not invalidate those rights.
Successfully navigating this process requires striking a balance between protecting your rights and not arousing suspicion from the caseworker that you have something to hide. While your main objective is to keep custody of your child, the caseworker is likely looking for reasons to justify removing your child from your care. This is a delicate situation you shouldn't try to handle on your own.
The Lento Law Firm Criminal Defense Team has extensive experience finding the balance between protecting your rights and cooperating with the Division. We will use our extensive resources, experience, and legal knowledge to present the strongest possible case for why you should retain custody of your child.
Potential Outcomes of a Division Investigation
At the conclusion of their investigation, the Division caseworker will assess the evidence and issue a final determination. This determination will fall into one of four categories, each with varying degrees of severity, from the most detrimental to the most favorable from a parental perspective.
Substantiated
If an allegation is substantiated, it means that the Division has found clear evidence of child abuse or neglect accompanied by an aggravating circumstance. In these instances, the Division will forward the findings and evidence to local law enforcement for potential prosecution. Your name will also be added to the New Jersey Child Abuse Registry, which will restrict your interaction with children, the elderly, or disabled individuals. This outcome has serious and lasting repercussions for your life as it will also appear on background checks.
Established
A finding of "established" means that the caseworker has found sufficient evidence to support claims of abuse or neglect, but no aggravating circumstances exist.
Not Established
This determination indicates that while there was not enough evidence to support a charge of abuse or neglect, the child was exposed to some degree of harm or danger.
Unfounded
This is the most favorable outcome you can hope for. An unfounded determination means that there is no evidence of harm to the child or any risk posed by you, and no further action against you is necessary.
Whatever the determination in your case, the Lento Law Firm Team can assist you in navigating the next steps with the Division. Even with unfavorable determinations, we may be able to develop a mutually acceptable plan to help you maintain or restore your parental rights.
Aggravating and Mitigating Factors
Cases categorized as substantiated are the most severe, especially when aggravating factors are involved. An aggravating factor is a condition that elevates an abuse allegation to a potential criminal level, making it particularly challenging to reinstate your parental rights. Examples of such factors include:
- Situations where the child died or was nearly killed due to the discovered abuse or neglect
- Exposure of the child to sexually explicit images, materials, or illicit sexual activities
- Denial of essential care that caused or could have caused significant harm to the child
- A prior history of abuse involving any children, including those not in your care
- Potential long-term physical, psychological, or emotional 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 failure to adhere to a safety plan
- Increased vulnerability or susceptibility to abuse due to the child's age, disability, or developmental status
The Division will also consider mitigating factors in cases of abuse or neglect. These factors can facilitate the restoration of parental rights or result in a child safety plan that permits you to retain custody. Examples of mitigating factors include:
- Taking proactive measures to rectify the situation before the investigation concluded
- Extraordinary circumstances that caused significant stress or upheaval, leading to an atypical 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 likelihood of recurrence
- Instances where the discovered abuse or neglect 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 receiving the Division's final report. Although the appeals process can be complex, our Criminal Defense Team is prepared to help you build a strong appeal and navigate the process, ensuring all necessary paperwork is accurately filed.
Permanent Termination of Your Parental or Custodial Rights
If the Division decides to temporarily remove your child or suspend your parental rights, you have one year to rectify the issues that prompted this action. Failing to comply with the Division's requirements within this period may lead to the permanent termination of your parental rights. This decision must be sanctioned by a Morris County Judge, who may permanently revoke your rights if they find that:
- Continuing the relationship would harm the child's emotional, physical, or psychological development;
- You have not corrected the conditions jeopardizing the child's safety nor shown the ability or willingness to do so;
- Removing the child from their current placement would result in long-term emotional or psychological harm;
- The Division has made genuine efforts to assist you in rectifying the abusive conditions and has exhausted all other options before seeking termination and/or
- The advantages of ending your parental rights outweigh any potential harm.
Defending Your Parental Rights in Morris County, NJ
Learning that you are under investigation by the New Jersey Division of Child Protection and Permanency can be overwhelming and frightening. But remember that while the Division holds the authority to terminate your parental rights, you still have the ability to challenge their actions. In this matter choosing the right attorney is crucial to success because not every attorney is experienced in these delicate matters.
The Lento Law Firm's Criminal Defense Team has both the knowledge and experience you need to protect your parental rights during Division investigations and beyond. Contact our team at 888-535-3686 or complete our online form today.
