Question 1

Do I have to let DCPP into my home if they show up unannounced?

Accepted Answer

No, you are not required to let a DCPP caseworker into your home unless they have a court order. While DCPP can ask to come in, asking is not the same as having legal authority to enter. You have the right to say no, even during an unannounced visit. However, if you refuse entry, DCPP may seek a court order to gain access, which will result in a formal hearing where you can present your side to a judge.

Question 2

Can DCPP interview my child at school without my permission?

Accepted Answer

Yes, DCPP caseworkers are legally permitted to interview your child at school without notifying you beforehand or obtaining your permission. They can also speak with teachers and other school staff as part of their investigation. This is one of the most alarming aspects for parents, but it is allowed as an information-gathering tool during child welfare investigations.

Question 3

What happens if I refuse to answer DCPP's questions?

Accepted Answer

You have the right to remain silent and are not required to answer questions immediately. You can consult with an attorney before speaking with DCPP. However, refusing to cooperate will not make the investigation go away. DCPP will continue gathering information from other sources, which may extend the investigation timeline. If the case proceeds to court and you continue to refuse cooperation after a judge issues an order, you could face legal consequences.

Question 4

Can DCPP take my child during an unannounced visit?

Accepted Answer

Yes, but only in emergency situations. DCPP has the authority to remove a child if the caseworker believes the child is in imminent danger and needs immediate protection. This is the most serious step DCPP can take and does not happen in most investigations. If DCPP does remove your child, they must obtain court approval within two business days, and you will have the right to a hearing to contest the removal.

Question 5

How long does a DCPP investigation take in New Jersey?

Accepted Answer

DCPP investigations are supposed to be completed within 60 days from the initial referral. However, the agency can extend the investigation by 30-day periods when there is good cause, though this should only happen in exceptional circumstances. The timeline can be affected by how cooperative parents are and how much information DCPP needs to gather from third parties.

Question 6

What are the possible outcomes of a DCPP investigation?

Accepted Answer

DCPP must issue one of four findings at the conclusion of an investigation: Substantiated (sufficient evidence of abuse or neglect with aggravating factors; results in placement on the Child Abuse Registry), Established (evidence of abuse or neglect without aggravating factors; also results in registry placement), Not Established (insufficient evidence to prove abuse or neglect, but some indication of harm or risk; no registry placement but possible ongoing monitoring), or Unfounded (no evidence of abuse or neglect; case closed with records eligible for expungement after three years).

Question 7

Can I find out who reported me to DCPP?

Accepted Answer

No, DCPP cannot disclose the identity of the person who made the report. New Jersey's child abuse and neglect reporting system keeps this information completely confidential. DCPP cannot confirm or deny your suspicions about who filed the complaint, even if you ask directly.

Question 8

Should I sign a safety plan if DCPP asks me to?

Accepted Answer

You should not sign a safety plan without consulting an attorney first. While safety plans may appear to be temporary, informal solutions, they can create substantial limitations on your ability to spend time with your children. Once signed, these documents are often treated as admissions of guilt and can be very difficult to reverse. They become part of your case file and can be used as evidence in future legal proceedings.

Question 9

What does DCPP look for when they inspect my home?

Accepted Answer

DCPP caseworkers assess whether the home meets the child's basic needs and is reasonably safe. They look for adequate food supplies and evidence of proper nutrition, appropriate clothing and footwear for the weather, a safe sleeping arrangement appropriate for the child's age, clean and sanitary conditions without health hazards, working utilities (electricity, heat, running water, functioning bathroom), absence of immediate safety hazards (exposed wiring, broken windows, accessible toxic materials, structural problems), and secure doors and windows that lock. The home does not need to be spotless or perfect—DCPP's main concern is safety, not perfection.

Question 10

How can a lawyer help me during a DCPP investigation?

Accepted Answer

An attorney can protect your rights throughout the investigation by guiding you on which questions to answer and which to decline, communicating directly with DCPP on your behalf, helping you avoid unnecessary assessments, evaluations, or services, presenting your case in an organized, clear manner to counter misconceptions, advising you before you sign any documents, including safety plans, setting boundaries on home visits and limiting their scope, quickly challenging removal actions or unfounded allegations in Family Court, and filing appeals if you receive a substantiated or established finding. Early legal representation often makes the difference between a case that resolves quietly and one that results in prolonged court involvement.

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