The Division of Child Protection and Permanency in Child Welfare Cases
Read on to learn more about the potential findings the Division could make and what impact that has on the child and parents.
Almost every parent does their best to ensure the welfare and safety of their children. But, unfortunately, sometimes conditions exist either personally or within the household setting that places a child at risk. When there is suspicion that a child’s home environment is not safe or healthy for the child, the New Jersey Division of Child Protection and Permanency may be called. The Division of Child Protection and Permanency, previously called the Division of Youth and Family Services (DYFS), is an authoritative body that investigates cases of suspected child abuse or unhealthy family situations. Learn more about the role of the New Jersey Division of Child Protection and Permanency, how they operate, and what to do if you are under investigation by the DCPP.
What is the role of the Division of Child Protection and Permanency?
The Division of Child Protection and Permanency is a government agency that responds to calls of suspected child abuse, neglect, or unsafe household situations. Anyone can call the Department to report suspicion of these types of child abuse, and oftentimes calls made to the department are done so anonymously. When the Department receives a call, they open an investigation; there is no baseline standard for whether a report is worthy of investigation because the welfare of children is at the center of this agency’s existence. It will investigate any suspicion of abuse or neglect.
Investigating suspected issues in a child’s household includes a representative of the agency going to the family’s house and assessing any safety hazards that could put a child’s physical safety at risk. Additionally, members of the family and the child’s immediate community are interviewed, such as parents, siblings, grandparents, teachers, childcare providers, and others involved in the child’s day-to-day life. Once the Division of Child Protection and Permanency has completed interviews and a thorough review of the household and home safety, it decides one of four findings.
What are the DCPP findings categories, and how do they affect a child’s home status?
There are four categories of findings the Division of Child Protection and Permanency can determine due to its investigation into a child’s home life. They are Unfounded, Not Established, Established, and Substantiated.
Unfounded
When an investigation finds that the suspected abuse report was unfounded, no evidence was found to support the suspicion. Therefore, the child does not appear to be at risk of harm due to their living situation. In this case, the investigation remains confidential, and the report of suspicion itself will likely be expunged after three years, though there are exceptions to this rule.
Not Established
The finding of ‘Not Established’ also points to an absence of evidence for abuse or neglect, but it does note that there was evidence that the child was placed in harm at some point. As a result of this finding, the investigation will permanently be in the Division of Child Protection and Permanency records, though it will remain confidential.
Established
When an investigation by the Division of Child Protection and Permanency finds that suspicion of child abuse or neglect is established, it means that there has been evidence found that the child has been abused or neglected. However, after careful consideration of pertinent factors, the determination of ‘Substantiated’ is not warranted. Read on to learn why. Note that in the case that suspicion of child abuse or neglect is ‘Established,’ an individual around whom the investigation was conducted may have to disclose to employers or others that the ‘Established’ result was made.
Substantiated
A finding of ‘Substantiated’ is the most serious of results an investigation into child abuse and neglect by the Division of Child Protection and Permanency can find. Therefore, if ‘Substantiation’ of child abuse or neglect is determined, the individual will be placed on the Child Abuse Registry Index (CARI).
An individual at the center of an ‘Established’ or ‘Substantiated’ finding has 20 days to appeal the finding to the Appellate Division.
To ensure that your rights are protected if you are at the center of an investigation by the Division of Child Protection and Permanency, you must seek the support of a qualified attorney.
Contact our Family Law Attorney for a free consultation at our Linden Office.
If you have been or are currently being investigated by the Division of Child Protection and Permanency in New Jersey, we are here to ensure that you and your family are safe.
The Law Offices of Edward S. Cooper, Esq, assists children and families facing potential DCPP intervention and resulting fractured parent-child relationships, as well as other child custody issues in Westfield, Elizabeth, Union, Linden, Cranford, and the greater Union County area.
To schedule a consultation and speak with the experienced family lawyer. Mr. Edward S. Cooper, contact his offices anytime (908) 481-4625.
