DCP&P Investigations in New Jersey

DCP&P Lawyers with offices in Newark, New Jersey

An eighteen year-old mother in Ohio was recently charged with reckless homicide after authorities found the remains of her newborn baby buried in the back yard. According the Warren County Prosecutor’s Office, the mother was charged after evidence showed the child was born alive and was not a stillborn baby. As the result of a call from a doctor’s office, the infant’s remains were discovered in the backyard of the family’s Carlisle, Ohio home, and the mother was taken into custody. Currently, an autopsy report with the baby’s official cause of death is pending.

Setting aside the criminal aspects of this case, had this occurred in New Jersey it would fall within the definition of child abuse and neglect and the Division of Child Protection and Permanency (“DCP&P”), formerly known as the Division of Youth and Family Services (“DYFS”) would be involved. Title 9 establishes the definition of an abused or neglected child, specifically with N.J.S.A. 9:6-8.21(c) setting forth that “abused or neglected child” means a child less than 18 years of age whose parent or guardian, as herein defined, (1) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ; (2) creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ; (3) commits or allows to be committed an act of sexual abuse against the child; (4) or a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent or guardian, as herein defined, to exercise a minimum degree of care (a) in supplying the child with adequate food, clothing, shelter, education, medical or surgical care though financially able to do so or though offered financial or other reasonable means to do so, or (b) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment; or by any other acts of a similarly serious nature requiring the aid of the court; (5) or a child who has been willfully abandoned by his parent or guardian, as herein defined; (6) or a child upon whom excessive physical restraint has been used under circumstances which do not indicate that the child’s behavior is harmful to himself, others, or property.

Allegations of child abuse or neglect in New Jersey can lead to lengthy involvement by DCP&P and if you are accused of abuse or neglect, the DCP&P defense attorneys at the Tormey Law Firm are available to help 24/7. Our team of child welfare defense lawyers includes a former Assistant Prosecutor who handled child endangerment and child abuse cases in criminal court as well as a former Deputy Attorney General who represented DCP&P in family court. The bottom line is that no matter the level of DCP&P involvement in your family, the Tormey Law Firm is ready to stand by your side throughout the process and help you through this stressful time. Contact us directly at (908)-356-6900.