What to Do When a DCP&P Child Abuse & Neglect Referral Has Been Made Against Your Family in New Jersey

Receiving notice of a referral to the Division of Child Protection and Permanency (DCP&P) in New Jersey can be a profoundly distressing experience for any family. This article aims to provide a clear, step-by-step guide on what to do if you find yourself in this challenging situation.

Understanding DCP&P

The Division of Child Protection and Permanency (DCP&P), formerly known as the Division of Youth and Family Services (DYFS), is New Jersey’s child welfare agency. Its primary role is to ensure the safety and well-being of children and to investigate allegations of abuse and neglect.

Immediate Steps to Take

1. Stay Calm and Composed – It’s natural to feel anxious, but staying calm is crucial. Reacting with anger or panic can worsen the situation and may be perceived negatively by investigators.
2. Seek Legal Counsel – Contact an attorney experienced in DCP&P cases. Legal advice is invaluable to navigate the complexities of the investigation and protect your family’s rights.
3. Understand Your Rights – You are permitted to: Be informed of the allegations against you; Have an attorney present during interviews; and Participate in any planning or decisions made about your child’s care.

During the Investigation

1. Documentation – Keep a thorough record of all interactions with DCP&P. This includes dates, times, the names of the investigators or caseworkers you speak with either in person or over the phone. Remember to also keep a record of the matters discussed during the conversation(s).
2. Prepare Your Home – Ensure your home environment is safe. Remove any potential hazards and ensure basic needs such as food, clothing, and cleanliness are met.
3. Gather Supporting Evidence – Collect any documents or evidence that can demonstrate your ability to care for your child. This may include medical, therapeutic, and/or school records.
4. Be Proactive – If DCP&P recommends compliance with specific services, and upon consultation with your attorney you agree to engage in services, be sure to follow up with the providers to ensure timely enrollment and completion.

If Your Child is Removed from Your Home

1. Immediately Seek Legal Counsel – The removal of a child from your home is the most serious consequence of an abuse and neglect referral. If DCP&P is even considering this option, you need immediate legal advice from an experienced attorney who handles DCP&P matters.
2. Documentation – Ensure that you have a copy of the DCP&P paperwork explaining the basis for the removal.
3. Support – Now is the time to call upon your friends, family and members of the community to see who is ready, willing and able to care for your child, as opposed to your child going to the care of an unrelated foster family.
4. Stay Involved – Attend all parent-child visits, court hearings, case conferences, and services. Your active participation demonstrates your commitment to the return of your child.

Long-Term Considerations

1. Engage in Counseling or Support Groups – Dealing with a DCP&P investigation can be emotionally taxing. Counseling and/or support groups can provide emotional support and practical advice.
2. Rebuild Family Stability – Focus on creating a stable and nurturing environment for your child. This may involve addressing any underlying issues such as substance abuse, domestic violence, or mental health concerns.
3. Stay Informed – Educate yourself about child protection laws and procedures in New Jersey. Understanding how to work with DCP&P can help you better advocate for your family.

Conclusion

Facing a DCP&P investigation is undoubtedly challenging, but it is crucial to approach the situation with calmness and a proactive mindset. By understanding your rights, seeking legal counsel, and actively working to resolve any issues, you can navigate this difficult period and work towards a positive outcome for your family. Remember, the ultimate goal of the DCP&P is to ensure the safety and well-being of children, and demonstrating your commitment to these principles is key to resolving the situation.

About the Author

Katelynn Joye Reilly, an associate with the firm, focuses her practice on family law and general litigation matters. Prior to joining the firm, Kate was a Deputy Attorney General for the Office of the Attorney General in Trenton, NJ, where she litigated child abuse and neglect cases. In her role as a Deputy, she served as an advisor to the Division of Child Protection and Permanency (DCP&P), negotiated complex child abuse issues, and mediated cases. She conducted highly contested trials often involving multiple witnesses and experts and employed a creative legal approach in order to facilitate successful resolutions for her client and the child. Kate graduated from Pennsylvania State University and Rutgers University School of Law – Camden. She is admitted to practice in New Jersey.