A Division of Child Protection and Permanency (DCPP) investigation is a crucial moment in the life of your family with potentially serious consequences. DCPP is investigating because they have either received a complaint or they have suspicions that the welfare of your children is in jeopardy. There is a distinct possibility that the state may decide to remove your children from your home. It is crucial that you take a DCPP investigation seriously and get the legal help that you need to deal with the state. The future of your family could be at stake.
DCPP May Decide Not to Proceed with Further Action
There are numerous potential outcomes in a DCPP investigation:
To begin with, you should understand what would be considered the best-case scenario. DCPP would visit your home and thoroughly investigate your children’s situation before deciding to proceed with no further action. They may find that your child is not in jeopardy. However, to get to this point, you need to go through a stressful investigation with quite a bit of uncertainty. DCPP would comprehensively investigate all aspects of your child’s situation, and you may need to prove your fitness as a parent.
DCPP May Make a Substantiated Finding
DCPP is conducting the investigation to learn whether there is child abuse or neglect in your home. In a worst-case scenario, DCPP may make a substantiated finding that there is abuse or neglect. “Substantiated” means that the finding is backed up by evidence that DCPP has uncovered during the course of the investigation.
There are numerous ramifications of a substantiated finding. The most serious and short-term consequence is that DCPP could remove the children from your home entirely. You would have the finding on your record, and it could be found by potential employers when you are applying for a job, when there are children or vulnerable adults present. Simply stated, you do not want to have a substantiated finding as the end result of the investigation.
DCPP May Find Abuse or Neglect by a Preponderance of the Evidence
DCPP would need to meet a high standard to make a substantiated finding of abuse. They can still find that abuse or neglect has occurred, even if there is a lower standard. DCPP could find abuse or neglect by a “preponderance of the evidence.” This standard means that it is more likely than not that DCPP believes that your child has been abused or neglected.
A finding through a preponderance of the evidence is enough for DCPP to remove the child from your home. While you may not have the finding on a permanent record that is available to others, it is still a very serious matter.
DCPP May Continue to Investigate
DCPP may not have enough evidence to make a substantiating finding or even to conclude that there was abuse by a preponderance of the evidence. However, they may still feel that there is a possibility of abuse or neglect. In this instance, the agency would keep the file open and continue to potentially investigate the situation. You would not be cleared of wrongdoing, and you may be subject to potential DCPP action in the future.
It is crucial that you hire an experienced DCPP lawyer when you learn that you are the subject of an investigation. A lawyer can help you strategize on how to handle the investigation. They may also communicate with the agency on your behalf. They can defend you because you are always entitled to due process when the agency seeks to take action against you by removing the child from your home.
Contact a New Jersey DCPP Lawyer at the Law Offices of Theodore J. Baker if You Are Under Investigation by the DCPP
If you learn that you are subject to an investigation, reach out to a New Jersey DCPP lawyer at the Law Offices of Theodore J. Baker today. We can help you deal with all of the issues that arise during the course of the investigation. You can schedule an initial consultation by calling 856-210-9776 or contacting us online. Located in Cherry Hill, New Jersey, we proudly serve clients in Haddonfield, Marlton, Medford, Moorestown, Mount Laurel, Voorhees, and South Jersey.
