Child Abuse Allegations Attorney in Morristown, New Jersey
Fight Allegations of Child Abuse or Neglect
An allegation of child abuse or neglect can be devastating to a person, family, community. But it doesn’t have to be. Contact us now for immediate assistance.
The Morristown NJ DCP&P defense lawyers at the Tormey Law Firm LLC know how important your family is to you. That’s why protecting your family and your parental rights is our number one goal. One of our attorneys, Brent DiMarco, worked for two of the largest DYFS defense firms in New Jersey before working for the Tormey Law Firm in 2018. Now, he uses that experience and expertise to protect our clients facing similar allegations. Moreover, Travis J. Tormey, our managing partner, has a perfect 10.0 rating on AVVO, an attorney rating service, and he has received the client’s choice award for four straight years. Let our experienced attorneys handle these allegations (whether it be a DYFS investigation or a criminal investigation or both). Contact our offices anytime for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.
Fighting the Division of Child Protection and Permanency (“DCP&P”) in Morris County NJ
The Division of Child Protection and Permanency is the new name for DYFS (the Division of Youth and Family Services). The Division of Child Protection and Permanency (“DCP&P”), formerly known as the Division of Youth and Family Services (“DYFS”), is part of the State Department of Children and Families. DCP&P’s role is to investigate allegations of child abuse or neglect and child welfare concerns, provide families with services, and to ensure that children are living in safe, stable, and permanent homes – but not necessarily with a biological parent.
If the Division determines that a family needs services, for example substance abuse treatment or family therapy, the Division will offer these services and the family can decide whether or not to attend the services. However, DCP&P may also ask parents or children to undergo psychological or psychiatric evaluations. In certain circumstances a parent may not voluntarily attend services and then the Division will attempt to force the family to comply by taking the family to court.
Potential Removal of a Child
In other cases where it would be contrary to the welfare of the child to stay with a parent, DCP&P will execute an emergent removal of the child from the parent’s custody. After the Division takes a child from a parent, the Division must go to New Jersey Superior Court, Family Part in two days for the Court to determine whether or not the Division’s removal was legal. The Court will need to find that the child was in an immediate risk and that remaining with the parent would be contrary to the welfare of the child. If so, then the parent will have twelve months to remedy the situation by addressing the issues that led to the removal of the child.
Finding of Abuse or Neglect by the Court
The Division will also determine if a child has been abused or neglected and keep a permanent record regarding the parents who perpetrated child abuse or neglect. If the Division substantiates child abuse or neglect, the perpetrator has a right for that decision to reviewed. The Court will conduct a trial, or a Fact-Finding hearing, where the Division must prove by a preponderance of the evidence that the parent abused or neglected the child, as defined by New Jersey’s child abuse and neglect laws.
After twelve months, if the child cannot return to the parent, the Court may approve to terminate parental rights, freeing the child for adoption. Then DCP&P will file a Complaint for Guardianship to terminate parental rights and unless the case is resolved, the Court will have a trial to determine whether or not the Division proved clearly and convincingly that parental rights should be terminated.
Criminal Charges vs. a DCP&P Complaint
DCP&P does not file criminal charges, they file a complaint with the family court for abuse or neglect. However, sometimes in these cases criminal charges are filed by the police department or the prosecutor’s office as well. For example, driving while intoxicated (DWI) with a child in the vehicle can sometimes lead to a disorderly persons misdemeanor charge or even a felony charge for endangering the welfare of a minor. This is in addition to the DCP&P investigational and potential complaint for abuse or neglect which can be filed in the family court.
Morristown DYFS Lawyers Near Me Available Now to Assist You
No matter the Division’s level of involvement in your family, you should consider consulting with an attorney to discuss your representation. During an investigation or case that’s already in court, an attorney can protect your rights and defend you. In fact, if a case is in court, you have the right to an attorney and you should contact our Morris County NJ DCP&P defense lawyers now for a free initial consultation at 201-556-1570.