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Common Causes That Initiate A DCPP Investigation

Common Causes That Initiate A DCPP Investigation

The Division of Child Protection and Permanency (DCPP) is a division of the New Jersey Department of Children and Families. DCPP is New Jersey’s state agency that is responsible for protecting children. If DCPP receives a report of abuse or neglect, it must investigate the situation, regardless of how minor the complaint might seem. A DCPP investigation typically involves interviewing the parents and child, interviewing others such as teachers, school counselors, doctors, or other individuals with personal knowledge of the situation, conducting home evaluations, and possibly requiring the parents to undergo evaluations or submit to drug tests. If DCPP determines that a parent or other caregiver has harmed a child or placed the child at substantial risk, DCPP can initiate a case in Superior Court and possibly remove children from the abusive household. If you are concerned that you might be the subject of a DCPP investigation, consider contacting Yates Law, LLC at (551) 237-8921. The knowledgeable attorneys at Yates Law, LLC can discuss common causes that initiate a DCPP investigation and guide you in the process.

Allegations of Child Abuse

One of the most common causes that initiate a DCPP investigation is a report of child abuse. The DCPP will typically begin an investigation into a report of child abuse within 24 hours, or even sooner if the child might be in immediate danger. Anyone can make an anonymous tip to the DCPP, and the DCPP is required to investigate it. The subject of an investigation does not have a right to know who made the accusations against them.

New Jersey defines child abuse as any of the following:

  • Causing physical or emotional harm to a child or allowing someone else to cause such harm
  • Creating a risk of physical harm to a child or allowing someone else to cause such a risk
  • Sexually abusing a child or allowing someone else to sexually abuse a child
  • Harming a child or creating a risk of harm to a child by failing to provide proper care to them
  • Using excessive physical punishment on a child
  • Abandoning a child

When DCPP investigates a parent or caregiver of a child, it must do the following:

  • Provide them with general information about the report they received
  • Provide them with the investigator’s name and phone number, as well as that of their supervisor
  • Inform them if they are the target of the investigation
  • Provide the target of the investigation with details about the allegations

If the case worker concludes at the end of the investigation that there is adequate evidence to suspect abuse or neglect, they have 10 days to refer the case to the police to launch criminal proceedings in the case.

Allegations of Child Neglect

Another common cause that initiates a DCPP investigation is allegations of child neglect. Child neglect is defined in New Jersey as failing to provide any of the following to a child when financially able or assisted to do so:

  • Proper supervision
  • Adequate food
  • Adequate clothing
  • Shelter
  • Adequate medical care

Yates Law, LLC provides legal representation to parents who are the target of DCPP investigations.

Types of Domestic Violence Accusations

DCPP might investigate a family if it receives accusations that domestic violence is happening in the home where a child resides, even if the child is not directly being abused or neglected. Domestic violence may be physical, verbal, or sexual. These accusations can even be based on deprivation or neglect. The DCPP may open an investigation if it believes the child is in danger because of the domestic violence.

Even if the child is not the target of abuse, children in violent households may still get hurt in these situations when they try to intervene or when the alleged offender throws or breaks things. DCPP might find the child is endangered in situations such as these, or if the alleged offender intentionally withholds essential needs like medicine or money from the family as part of their abuse.

Why DCPP Always Investigates Accusations

Domestic violence can negatively affect a child intellectually, emotionally, psychologically, and socially. Children who witness domestic violence may deal with mental health struggles and have difficulty forming healthy relationships in the future. DCPP will consider each case independently and determine whether in a particular situation a DCPP investigation and subsequent intervention is necessary to protect the child.

A neighbor, doctor, police officer, teacher, or other person may make an accusation of domestic violence that triggers a DCPP investigation. DCPP will first determine whether the child is in immediate danger. Thereafter, the agency will check the alleged abuser’s history of domestic violence. If they determine that the child is in danger, they will open an investigation.

Examples of Domestic Violence

DCPP considers several characteristics to determine whether the child is at risk of harm, such as:

  • The child’s age, health, behavior, cognitive ability, medical condition, and emotional state
  • The physical, mental, and emotional states of other household members
  • The family history of abuse
  • The severity and number of alleged violent incidents
  • Prior injuries caused due to domestic violence
  • The use of weapons, substance abuse, or threats of harm
  • The relationship between the alleged abuser and the children
  • The individual household members’ roles in protecting the children
  • The non-accused parent’s ability to support and protect the children
  • The family’s unique cultural, religious, and community context
  • The possibility of the alleged offender receiving unsupervised visitation with the children
  • Whether the alleged abuse is getting worse
  • How the children respond when the alleged offender attacks another family member

Domestic violence alone may not support a finding of a child being at risk of harm, but the factors described above may support such a finding. Because each case is determined on their specific circumstances, DCPP may launch an investigation after reports of domestic violence in one situation but not in a similar one.

Contact Yates Law, LLC to Learn More About DCPP Investigations

If DCPP finds that a child is in danger, it may take action that can have a significant impact on a parent or caregiver, such as removing the child from their care, ordering the parent to enroll in drug and alcohol counseling, mental health counseling, and/or parenting classes, creating a safety plan that can result in the future removal of the child if it is violated, making an official finding of abuse that impacts their ability to get or keep certain jobs, or referring the case to the police for criminal proceedings. If you are interested in learning more about the common causes that initiate a DCPP investigation, and how you can ensure your legal rights remain protected,  contact Yates Law, LLC at (551) 237-8921 today.