If you learn that the New Jersey Division of Child Protection and Permanency (DCP&P) is targeting you as part of a child abuse or neglect investigation, you must take immediate steps to protect yourself and your future. The investigatory process alone can be overwhelming. If the investigation ends with a determination that child abuse or neglect has occurred and DCP&P classifies the allegation as established, your personal, familial, and professional relationships may be destroyed.
Whether you are the focus of an ongoing DCP&P inquiry or the division has issued a determination that child abuse or neglect has been established, the Lento Law Firm can help. Our experienced criminal defense attorneys can collaborate with you to create a comprehensive investigation strategy, explain each step of the DCP&P process, and identify the potential outcomes of an investigation. If there has already been a determination that child abuse or neglect has been established, our Criminal Defense Team can outline your appeal options. Contact the Lento Law Firm offices at (888)535-3686 or online to discuss your case.
The New Jersey Division of Child Protection & Permanency
In New Jersey, the DCP&P is responsible for investigating child abuse and neglect allegations through its more than 40 local offices, including those located in:
- Hackensack in Bergen County.
- Cherry Hill in Camden County.
- Newark in Essex County.
- Secaucus in Hudson County.
- Edison in Middlesex County.
- Cranford in Union County.
DCP&P investigators are authorized to interview your children without you present. You may not learn that DCP&P has spoken with your child until after the interview. In limited circumstances, a DCP&P investigator may remove your child from your home without a court order if they believe your child is in imminent danger.
What are Your Rights During a DCP&P Investigation?
Even with great latitude in how an investigation is conducted, DCP&P must tell you if they are investigating a report of possible abuse and neglect, basic information about the reported abuse or neglect and if you are the subject of the investigation.
As part of the investigation, DCP&P often requests access to your home to ensure it is a safe environment. Although you may deny the DCP&P's request to enter your home, the division will likely be able to secure a court order and return with police to ensure its enforcement. Similarly, DCP&P will likely request to interview you about the allegations. Again, while you can refuse to speak with the investigator, the DCP&P will likely be able to obtain a court order to compel your participation.
During an investigation, the Lento Law Firm can help you manage the DCP&P's requests to enter your home, interview you, and access any other protected information about you or your family. Knowing that our experienced attorneys are with you to prepare for and during your interview may help you provide critical information to investigators, as well as give you a better understanding of what the investigators seek. We can help you develop a comprehensive strategy to provide the information and access generally required by a DCP&P inquiry without overexposing you and your private life to government investigators.
How Can the Lento Law Firm Help During a DCP&P Investigation?
During a DCP&P investigation, the Lento Law Firm can provide critical guidance to ensure that your rights and best interests are protected by:
- Attending any interviews between you and the DCP&P. We can help ensure DCP&P provides you with the required information about whether you are the subject of an investigation and other basic information about any abuse or neglect allegations made against you.
- Obtaining DCP&P Evidence and Records. New Jersey law prohibits the release of DCP&P records unless there is good cause for the disclosure. With the Lento Law Firm and our experienced attorneys arguing that there is good cause for the release of DCP&P records, you may have a better chance of fully understanding the allegations against you and the evidence collected surrounding the accusations. This information may help throughout the DCP&P investigatory process and during any subsequent criminal investigation that may be brought against you.
- Disputing the inclusion of inaccurate or irrelevant information. New Jersey has particularly broad evidentiary rules in DCP&P cases. The Lento Law Firm can help you identify inaccuracies in the DCP&P evidence and offer corrective, accurate information. We can help ensure that the DCP&P is not basing its decision on evidence that is irrelevant, unduly prejudicial, or unsubstantiated.
- Representing you in court. If child abuse or neglect allegations against you result in a DCP&P filing a complaint against you in court, the Lento Law Firm can represent you before the presiding judge and manage any required court filings.
What Does a DCP&P Finding of “Established” Mean?
When DCP&P has completed its investigation, the division's determination is classified into one of four categories:
- Unfounded: An allegation is unfounded if the DCP&P investigation did not find evidence of abuse or neglect.
- Not Established: The determination is classified as not established if DCP&P finds some evidence of child abuse or neglect but not enough to meet the preponderance of the evidence standard.
- Established: For an allegation to be classified as established, investigators have determined that the preponderance of the evidence demonstrates that the child was abused or neglected; however, a classification as substantiated is not warranted after the consideration of aggravating and mitigating factors.
- Substantiated: An allegation is substantiated if the DCP&P finds that the preponderance of the evidence indicates the child has been abused or neglected. In substantiated cases, the abuse perpetrated against the child may have been so great that it must be classified as substantiated. In the alternative, the DCP&P may have considered mitigating or aggravating factors, but the abuse or neglect still warranted classification as substantiated.
What Are the Aggravating and Mitigating Factors that are Considered by DCP&P?
When an investigation leads to the conclusion that a preponderance of evidence indicates that child abuse or neglect has occurred, the DCP&P reviews aggravating and mitigating factors to determine if the accusation should be classified as substantiated or established.
DCP&P considers the following to be aggravating factors:
- Institutional Abuse or Neglect.
- Failure of the perpetrator to comply with a court order or other clearly established conditions designed to protect the child including a child safety plan.
- The child's young age, delayed development status, or other vulnerability.
- Significant or long-lasting physical, emotional, or psychological impact on the child.
- The perpetrator's attempt to inflict any significant or lasting harm on the child.
- Evidence of repetition or a pattern of abuse or neglect.
- The child's safety demands separation from the perpetrator.
DCP&P will consider the following as mitigating factors:
- The perpetrator takes remedial actions before the conclusion of the investigation.
- The parent or guardian has experienced an extraordinary, situational, or temporary stressor that led to an uncharacteristic, abusive or neglectful manner.
- The abuse or neglect is of an isolated or aberrational nature.
- The child experienced a limited, minor, or negligible impact due to the abuse or neglect.
Additionally, there are limited circumstances that are considered “absolutely substantiating” and require that DCP&P find the allegation to be substantiated, such as:
Causing the death or near death of a child as a result of abuse or neglect:
- Subjecting a child to sexual activity or exposure to inappropriate sexual activity or materials.
- Inflicting an injury or creating a condition requiring the child to be hospitalized or receive significant medical care.
- Repeatedly physically abusing any child.
- Falling to take reasonable action to protect a child from sexual abuse or repeated instances of physical abuse when the parent or guardian knew or should have known such abuse was occurring.
- Depriving a child of necessary care leads to serious harm or a substantial risk of serious harm to the child.
Because the DCP&P does balance aggravating and mitigating factors to classify an allegation as established, the investigators must understand any and all mitigating circumstances involving you, your child, or your family. The experienced attorneys of the Lento Law Firm can help by correcting erroneous information and providing exonerating evidence and testimony to the DCP&P investigators.
What Are the Consequences if DCP&P Finds the Child Abuse or Neglect Allegations Against You are Established?
If the allegation made against you is classified as established, the DCP&P keeps the case information in its files. The investigation and its finding that child abuse or neglect has been established cannot be erased or expunged.
Information about the case against you will not be included on New Jersey's Child Abuse Registry; however, the finding may limit your employment and can prevent you from adopting or becoming a foster parent.
It is important to keep in mind that although DCP&P investigations are considered civil matters, law enforcement may become involved depending on the results of the DCP&P investigation. Because of the threat of a criminal investigation and charges of child abuse, neglect, or domestic violence, any DCP&P inquiry must be approached with the utmost care and with the intention to protect yourself from future criminal accusations.
Can a DCP&P Finding of Established Be Appealed?
It's never too late to contact the Lento Law Firm Criminal Defense Team for assistance. Even if the DCP&P has already completed its investigation and classified the allegations against you as established, there are appeal avenues that may lead to a change in the findings.
You may ask for additional review through the DCP&P. Additionally because a finding of established can limit your employment opportunities and right to adopt or serve as a foster parent, a DCP&P finding of established is appealable to the Office of Administrative Law (OAL) where an Administrative Law Judge (ALJ) will hear your case.
The Lento Law Firm Criminal Defense Team can provide critical assistance if you want to appeal the DCP&P determination that the allegation against you has been as established, including:
- Ensuring all procedural and filing deadlines are met, including notifying the OAL that you are requesting an appeal. You do not want to lose the opportunity to appeal a finding of established because you failed to timely notify the OAL that you wish to appeal.
- Communicating and negotiating with the DCP&P on your behalf for a downgraded classification of not established or unfounded. The DCP&P may be willing to consider additional information and change the determination to unfounded or not established.
- Reviewing the DCP&P investigation to ensure your due process rights were protected. Particularly if you were not represented during the investigatory process, the Lento Law Firm may be able to challenge the legitimacy of the DCP&P inquiry or its reliance on irrelevant or unsubstantiated information.
- Identifying and presenting additional evidence to correct inaccurate information, detail additional relevant facts, and challenge the DCP&P conclusions. After all, DCP&P investigators have their own priorities, and even the best-intending investigators can make mistakes. By launching our independent investigation, the Lento Law Firm Team may uncover critical information that the DCP&P did not discover. Furthermore, we may be able to identify inaccurate information or unsubstantiated conclusions upon which the DCP&P determination was based.
- Attending the pretrial conference and advocating on your behalf with DCP&P for a reversal of their finding or a downgrade of their determination.
- Representing you at the hearing before the ALJ, including presenting mitigating and exonerating evidence on your behalf.
The Lento Law Firm Team can represent you through the appeal process, helping you protect yourself, your family, and your future.
You Do Not Have to Face a DCP&P Investigation or Appeal Alone
If DCP&P is investigating you for child abuse or neglect, it is normal to feel overwhelmed and unsure of your next steps. At the Lento Law Firm, we help individuals navigate DCP&P investigations, challenge inappropriate and unsubstantiated DCP&P classifications, and protect the rights of parents and guardians.
You are not alone. We can help you navigate any DCP&P investigation, appeal a finding that child abuse has been established, and fight for you and your future. To discuss your case, contact the Lento Law Firm Criminal Defense Team at (888)535-3686 or submit a confidential online consultation form.
