Being accused of child abuse or neglect is terrifying. You can guarantee that there is a battle in your future the moment an investigation is opened against you. Unfortunately, even more than an allegation has been proven true, many people from the New Jersey Department of Children and Families and your friends and family may treat you as if you are guilty. When the Passaic County Division of Child Protection and Permanency is investigating a child abuse or neglect claim against you, you need the Lento Law Firm. Our Criminal Defense Team fights for your rights and ensures you are given a fair chance to defend yourself every step of the process. Let us start fighting for you; call us at 888-535-3686 or contact us online.
Passaic County Child Abuse and Neglect Agency
Each county in New Jersey has its own office that investigates child abuse and neglect in the state; in Passaic County, there are two offices of the Division of Child Protection and Permanency. One office is located in Wayne, and the other is in Paterson.Every county office is part of the statewide New Jersey Department of Child and Families Division of Child Protection and Permanency (the Division). You may be unfamiliar with the Division but have heard of the Division of Youth and Family Services; this is because the Division underwent a name change.
The Division's Passaic County Office investigates all child abuse and neglect allegations reported in the county. Its role is to thoroughly investigate all complaints and determine if action is necessary to protect the child. If required, the Division will coordinate such actions as placing a child in foster care or connecting parents and children with Passaic County community-based services. Services may include helping enroll parents or guardians accused of child abuse or neglect in parenting skill classes or counseling programs in Passaic County. The Division aims to keep children and families safe and provide them with the resources necessary to succeed.
In severe circumstances where the child is being seriously harmed or is at risk of serious harm, the Division will work with the court to place children outside of the home temporarily. Children will be placed in foster homes through state-licensed foster care programs with which the Division has longstanding trusting relationships.
Division of Child Protection and Permanency Investigations
If you are being accused of child abuse or neglect in Passaic County, you may be wondering how you got here and what the long road ahead looks like for you and your child. You have gotten on the Division's radar because a complaint has been filed against you related to a child in Passaic County. The complaint could have been received in a few different ways, such as through the Child Abuse Hotline, a report by law enforcement or the court system, or by reports directly to the Division by mandatory or voluntary child abuse and neglect reporters.
Any time the Division's Passaic County Office receives a complaint, it will open an investigation, even if the case seems false from the start. Its obligation to protect the county's children means at least a cursory investigation must occur to discredit the allegation before closing the complaint. The Division will open an investigation within 24 hours of receiving any complaint. If you are being accused of child abuse or neglect, you can anticipate the investigation process will look as follows:
Investigation Timeline
How long an investigation will take can vary depending on the nature of the case, the number of people who need to be interviewed, and other factors. The Division should complete its investigation into the allegations against you within 60 days, but unfortunately, that timeline can be extended an additional 30 days if it deems necessary. Generally, this initial 60- to 90-day period is sufficient to complete an investigation. Still, in severe and complex cases, the Division may take more time, but this time needs to be approved by the court in your jurisdiction. When the Division requests this extra time, it will also request the court mandate some action. This action could require you or the child to undergo certain evaluations or access certain social services.
The last thing you want is an investigation that drags on for weeks and months. There are many instances where the Division closes cases in less than the initial 60-day investigation period. Your best chance at reducing the length of the investigation against you is to immediately retain counsel with the Lento Law Firm. The Lento Law Firm Criminal Defense Team has experience working with the Division's Passaic Office to quickly resolve cases for our clients.
Investigation Interviews
Division child abuse and neglect investigations in Passaic County often involve numerous interviews. Interviews will be conducted with the child, with you, other parents or guardians, teachers, or anyone who knows of the alleged incident or spends significant time with the child in question. It won't necessarily only be Division employees conducting the interviews. For example, the child may be interviewed by social workers or other professionals throughout the process.
Outcomes of a Division of Child Protection and Permanency Investigation
The Division will issue a written report after its investigation and immediately notify you of the findings. The report you receive will state one of four findings: substantiated, established, not established, or unfounded. Each finding has different implications and can impact your future employment, custody of your child, and even if you will be subject to criminal charges. Your Lento Law Firm attorneys can walk you through all the findings and help you understand the consequences of each. Your Lento Law Firm attorneys will also work tirelessly to ensure you get the least severe finding possible in your case. Our Criminal Defense Team often negotiates with the Division's Passaic Office.
Substantiated
A substantiated finding is the more serious finding the Division can issue. A substantiated finding means that the Division has found credible evidence of child abuse or neglect in your case. The Division will not make a substantiated finding lightly, as the process of reaching this decision is complex. In some situations, the Division will find "absolutely substantiating circumstances" in the facts of your case. When that happens, it can automatically issue a substantiated finding. Absolutely substantiating circumstances can be a variety of things. Still, common examples include a child's hospitalization as a result of the abuse or neglect, proof that the child has been exposed to sexual activity, or repeated instances of physical abuse.
In many cases, absolutely substantiating circumstances aren't present. In this case, to reach a substantiated finding, the Division will assess a series of "aggravating factors" and "mitigating factors." Aggravating factors are those that work against you; they include:
If the child has died or suffered serious or permanent harm due to the abuse or neglect revealed by the investigation
- The child has been exposed to sexually explicit images, material, or unlawful sexual activity
- The child has been sexually abused
- You have a history of abuse of any child, regardless of your custody status or relationship to the child
- You have failed to take the necessary steps to protect the child from abuse
- You have been unable to follow court orders related to the child's care (for example, a child safety plan)
- Denying that your refusal to provide the child care caused significant harm or risked considerable harm to the child
- The age of the child and physical or mental disability that impacts their vulnerability to abuse
The Division also looks at mitigating factors; these are factors that defend you and your action. Common mitigating factors the Division will evaluate are:
- If you took any affirmative action to remedy the abuse or neglect before or during the investigation (for example, removing the child or their abuser from the home)
- Extreme circumstances that contributed to the abuse or negligence (for example, economic hindrances from purchasing food and other essentials for the child)
- Supporting evidence that abuse was an isolated incident that is unlikely to occur again
- The abuse or neglect evidenced with limited in scope and severity
If the Division makes a substantiated finding after considering all these factors, several things will happen. Your name and information will be permanently added to the New Jersey Child Abuse Registry. Being listed on the Child Abuse Registry can be problematic for both your professional and personal life. The fact you have a substantiated Division finding will be visible in background checks going forward. You may also lose custody of your child due to a substantiated finding. Your Lento Law Firm attorneys, who know your case best, will be able to tell you the most likely outcomes of a substantiated finding in your case and, ideally, negotiate a lesser finding.
Established
The Division will go through the same steps of assessing mitigating and aggravating factors when they make an established finding. The difference between the substantiated and established findings is that in an established finding, the mitigating factors weighed in your favor, even though there is evidence of child abuse or neglect.
An established finding is much better because you will not be listed on the Child Abuse Registry. The Division will keep all information related to the investigation on file, and the existence of this record can cause future allegations against you that result in a substantiated finding.
Not Established
A not established finding means that while abuse or neglect may have happened, the Division is unable to prove more than the child was exposed to harm in your care. When an established finding is made, your name will not be put on the Child Abuse Registry, but the Division will keep your investigation on file.
Unfounded
Unfounded is the best possible outcome of a Division investigation. The Division will issue an unfounded finding when its investigation has revealed no evidence that the child was neglected or abused and the allegations against you are untrue. There are no legal consequences to an unfounded investigative finding – you will not be placed on the child abuse registry, your child custody will not be impacted, and your life should remain largely intact. Unfortunately, there is no undoing the reputational and emotional damage of an allegation of child abuse or neglect.
With an unfounded finding, the Division will close your case. The Division will retain the investigation records for three years. If another investigation is opened against you, the records will be retained. Your records will be deleted after three years if you meet the following requirements:
- No formal additional allegations of child abuse or neglect have been made against you
- No other children in your household are involved in a Division investigation, regardless of whether you are the accused in that investigation
- The relevant court in your jurisdiction has not ordered the Division to retain the records for a longer time
Your Right to Appeal
When the Division makes a substantiated or established finding against you, you have the right to an appeal. When you learn of the finding against you, you may feel overwhelmed, mainly if you have not retained counsel, but the Lento Law Firm can still help you. You only have 20 days after the Division issues its finding against you to file an appeal, so call the Lento Law Firm immediately to start the process. You cannot afford to wait.
Permanent Termination of Your Parental or Custodial Rights
The Division in Passaic County and the family law court in Passaic County always prioritize keeping families together. Neither will take your child out of your custody unless they believe it is in the child's best interest. In serious child abuse and neglect cases, you may have your parental or custodial rights permanently terminated. Because your parental rights are on the line, you must have the Lento Law Firm fighting for you from the get-go.
Retain the Lento Law Firm Today
A Division investigation is not a joke. Even if you are innocent, the stakes are too high to face the Division alone. Any mistake made when speaking with the Division or your actions during the investigative process will be scrutinized. When it comes to child abuse and neglect allegations, you will rarely be given the benefit of the doubt, except with your Lento Law Firm attorneys. Your Lento Law Firm attorneys are always in your corner. Call us today at 888-535-3686 or contact us online.