If you are being investigated by the New Jersey Department of Children and Families Division of Child Protection and Permanency, you may have a long road ahead. Allegations of child abuse and neglect should never be taken lightly, even if the allegations against you are false or the result of a misunderstanding. No matter how friendly authorities are with you or how likable you are, you can be sure that no one is on your side when you are accused of child abuse or neglect. There is only one person you can trust when you are targeted by the Somerset County office of the Division of Child Protection and Permanency – your Lento Law Firm attorneys.
We understand the high stakes at the Lento Law Firm, and there is no room for error. We never play softball when it comes to our clients; we always fight tooth and nail to clear your name and protect your relationship with your child. While your situation is upsetting and scary, when you retain the Lento Law Firm Criminal Defense Team, you are never alone in the process. Call us at 888-535-3686 or contact us online today.
Somerset County Child Abuse Agency
Child abuse allegations in Somerset County are handled by New Jersey's Department of Children and Families Division of Child Protection and Permanency (the Division). (This Division was previously called the Division of Youth and Family Services.) The Division's role is to investigate all allegations of child abuse and neglect in the state and coordinate efforts to keep children and families safe.
The Division fulfills its mission by contracting with community-based organizations located in Somerset County that provide services to families in need by offering substance abuse treatment for parents or guardians, parenting skill classes, and counseling. Additionally, the Division works with courts to place children in foster care if the child has been harmed or is at risk of harm and with the foster organizations to ensure appropriate placement through licensed programs.
The Division has one office within Somerset County, and it's in Somerville. This office accepts reports of child abuse and neglect in a few different ways, the most common being referrals from the New Jersey Child Abuse Hotline or local law enforcement officials.
Division of Child Protection and Permanency Investigations
Any time a complaint of child abuse or neglect is submitted to the Division relating to a child in Somerset County, it will open an investigation within 24 hours. The Division never dismisses cases right off the bat. It is their obligation and duty to protect all children in the state of New Jersey, which means taking every case seriously, even if it ends up being a false claim. Investigations are always thorough; your case won't be dropped by simply stating there has been a misunderstanding. While all instances will look a little different, if an allegation of child abuse or neglect has been made against you, you can expect the following.
Investigation Timeline
Investigation times can vary depending on the nature of your case. The Division has 60 days to complete its investigation, but that timeline can be extended an additional 30 days if it determines more time is required to gather all relevant information. In the most severe cases, the Division will involve the court by requesting that the court mandate specific services or evaluations, extending the investigation timeline past the permitted 90 days.
If you are innocent of the charges against you, the timeline can be shorter than 60 days. For this reason, it is essential to have competent legal counsel from the very start of your case. Contact the Lento Law Firm as soon as you learn of the investigation against you; the sooner we start fighting for you, the faster we can resolve your case.
Investigation Interviews
Investigations into child abuse and neglect involve numerous interviews. The Division generally begins by interviewing the child, if age-appropriate, and their guardians or parents. If you are the subject of a child abuse or neglect complaint, you will also be interviewed at the beginning of the investigation. After these initial interviews, they will expand their pool of interviewees to teachers, therapists, medical professionals, friends and family, and other people who have regular interactions with the child.
Outcomes of a Division of Child Protection and Permanency Investigation
When the Division has concluded its investigation, it will draft a report and notify you immediately of its findings. There are four different findings: substantiated, established, not established, and unfounded. The distinction between these findings is important because your designation can impact your life drastically; for example, you can face criminal charges or be listed on the sex offender registry.
The Division's findings dictate a few things, such as whether your child will be removed from your custody, whether your case information can and will be shared, whether restrictions will be placed on your type of places of employment, and even if you are entitled to appeal the decision.
Below is a brief description of the possible findings, but your Lento Law Firm attorneys can better walk you through each and help you understand the implications.
Substantiated
The Division reaches a substantiated finding for child abuse and neglect by reviewing both evidence from the present case against you and a series of "aggravating factors" and "mitigating factors." The first step is searching for "absolutely substantiating circumstances" in the facts and evidence of your case. Examples of "absolutely substantiating circumstances include a child's hospitalization, exposing the child to inappropriate sexual activity, and repeated instances of physical abuse to the child. If the Division finds absolutely substantiating circumstances, it can immediately issue a substantiated finding; if not, it must look at additional factors.
Aggravating factors are negative circumstances the Division will use in making its findings. Aggravating factors 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 failed 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 significant harm to the child
- The age of the child and physical or mental disability that impacts their vulnerability to abuse
Mitigating factors are circumstances that paint you in a positive light and support the idea that the incidence at hand is actually less serious than it seems. These factors may help you maintain parental rights and avoid criminal charges and listing on the Child Abuse Registry. Mitigating factors include:
- 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
Aggravating and mitigating factors will be assessed together when the Division makes its decision; essentially, these factors work like a pros-and-cons list.
A substantiated finding has numerous negative outcomes. First, your child may be removed from your physical and potentially legal custody. The Division may also require you to participate in certain programs or services. Your information will be permanently added to New Jersey's Child Abuse Registry with a substantiated finding. Your information will come up during Child Abuse Registry Information searches (used for background checks and by law enforcement).
Established
The same investigative process and review of mitigating and aggravating factors will have occurred if the Division makes an established finding. An established finding means that the Division did find evidence of child neglect or abuse in your case but that the mitigating factors were on your side and outweighed the aggravating factors.
Fortunately, when you get an established finding, your information will not be given to the Child Abuse Registry, but the Division will keep all case information on file. You are not necessarily in the clear when an established finding has been made against you. If you have other established cases on record, the Division may change their finding to substantiate it.
Not Established
The Division will issue an established finding when it cannot prove that you have abused or neglected the child in question, but the child was exposed to risk or harm based on your action or inaction. As with an established finding, not established findings will not place your information on the Child Abuse Registry.
Unfounded
In situations where there is no evidence that your child was neglected or abused or at risk of harm, it will issue an unfounded finding. Of course, since there is nothing to support abuse or harm, you will not be placed on the child abuse registry. Unlike all other findings, your case can be expunged, meaning your records will be erased, although not immediately. Three years after your case is closed, the Division will delete your case records so long as:
- No additional reports of child abuse or neglect have been made against you
- No other child in your household is the subject of a Division investigation
- The court has not ordered the Division to retain the records for longer
Your Right to Appeal
If the Division decides of substantiated or established in your case, you have the legal right to an appeal. Previously, those handed a determination of established were not entitled to an appeal. If you have heard that you cannot appeal an established determination, that is no longer the case. As a result of a 2017 court case in the New Jersey Appellate Court, you can now directly appeal established findings.
The appeals process should start the moment you learn of an adverse finding against you. Your Lento Law Firm attorneys will immediately contact the Division to request that you not be listed on the Child Abuse Registry and request the Division change its findings. You will only have 20 days to appeal your case, so don't waste time; call the Lento Law Firm immediately.
Appealing your determination requires filing an appeal with the Office of Administrative Law. Appeals are similar to court cases in that some specific processes and procedures are to be followed, and your case will be argued before a judge, specifically an administrative law judge. There will also be the collection and exchange of evidence, the preparation and calling of witnesses, and various other steps in the process. Your Lento Law Firm attorneys will walk you through these steps in detail and represent you the entire way. We won't stop fighting for you.
Permanent Termination of Your Parental or Custodial Rights
During and after the investigation, the Division may temporarily remove your child from your custody or limit your parental rights. Whether or not you are comfortable with the new level of access you have to your child, you must be aware that you have one year to work with the Division to reach a solution. If you refuse to work with the Division, it may permanently terminate your parental rights after a year.
While Somerset County judges always try to keep children with their parents when it is in the best interest of the child, they take child abuse and neglect cases seriously and trust the Division's judgment. To permanently terminate your parental or custodial rights, the Division must go before a Somerset County judge and prove the following:
- A continued relationship between you and the child would be emotionally, physically, or psychologically damaging to the child
- You have not taken the required steps to address the conditions endangering your child, and you do not intend or have the ability to take these steps
- The Division has attempted in good faith to work with you to remedy the abusive conditions, and no viable alternatives are available
Retain the Lento Law Firm Today
You should never attempt to face a Division of Child Protection and Permanency investigation alone. How you respond to the investigation can change the course of your life, and with the Lento Law Firm Criminal Defense Team on your side, you can be prepared. Our Criminal Defense Team has helped countless Somerset County parents facing abuse and neglect allegations. We do everything in our power to keep you and your child together and protected through this process. Call us today at 888-535-3686 or contact us online.
