If the Division of Child Protection and Permanency (DCPP) has received a complaint, they would legally be obligated to begin an investigation within 24 hours. Their investigation will include a visit to your home. What happens on this visit may be crucial to whether you can keep your children, and the investigation could potentially be closed without further action. Nonetheless, you must prepare for this visit with some idea of what could translate. An experienced lawyer could help you get ready for what could be the most crucial time in your life as a parent.
The DCPP investigator would be obligated to conduct a number of interviews. They would need to speak with both you and your child. They may also interview people like physicians, teachers, and others who work with or have access to your child. They may come to your home to view the conditions that are present, since their goal is to ensure that your child is in a safe environment.
Do Not Speak Without Knowledge
The first thing to know is that you do not have a legal obligation to cooperate with the DCPP caseworker. The extent of the cooperation that you should give should be determined by you and your lawyer. However, the DCPP can also go to court and seek to have a judge compel you to cooperate.
The caseworker’s job is to work in your child’s interest, and you should not trust them as a friend. Any loose statements that you make to them can be used against you in their investigation. However, you should not attempt to coach your child about what to say to the caseworker because it may immediately become apparent and make you look bad.
Have a Plan About Your Child’s Safety
The DCPP investigator may ask you questions about your own plans to ensure the safety of your children. You should always be prepared to answer this question. For example, there could be someone who may be in proximity to your child who has a criminal record, and the DCPP would want to know how you intend to keep your child from them or protect them in their presence. You would need to show that you have given some forethought to the situation and know how you will keep your child safe.
Ensure That Your Home Is Clean and Safe
You should do everything within your power to ensure that the appearance of your home is as clean as possible. There should be no obvious hazards, nor should there be any conditions that look like they can sicken a child. The caseworker may do things like look in every room and check that there is enough food for the child. Remember that dangers to the child are not just physical. The DCPP could also be checking for signs of neglect that could endanger a child.
The problem is that you may not always get a chance to prepare for a visit from the DCPP. They have the legal ability to show up at your home unannounced. If you find out that a complaint has been filed against you, it is vital to contact a lawyer immediately so you are prepared if a caseworker comes to your door without any warning. You should never go through the DCPP investigation process without the help of an experienced lawyer.
In any DCPP investigation, you are also entitled to due process. The state simply cannot take your children from you without giving you the right to challenge their findings at some point. Even if there is no immediate hearing, you would still be entitled to your day in court, where you can tell your own side of the story.
Contact a New Jersey DYFS Lawyer at the Law Offices of Theodore J. Baker Today for Your DCPP/DYFS Questions
When you learn that you are being investigated by the state as a parent, reach out to a New Jersey DYFS lawyer at the Law Offices of Theodore J. Baker. We can work to ensure that your story is heard as you fight to keep your children. You can schedule an initial consultation by calling us today at 856-210-9776 or contacting us online. We are located in Cherry Hill, NJ, and serve clients throughout the state.
