Legal landscape note: This article was originally published in 2018 and was reviewed and updated for republication in July 2026. New Jersey law changes frequently.
Your child has been removed from the home, and the first investigation is no longer the only proceeding that matters. Review and permanency hearings will measure what has changed, whether reunification remains the plan, and where your child may live if the case continues. The reports, services, visits, and deadlines between those hearings shape the choices the court will have.
The case between hearings is built from concrete events: whether visits occurred, whether services addressed the stated safety concern, whether housing became stable, and whether relatives were identified and assessed. A parent should keep the service plan, attendance records, visit notes, correspondence, and proof of changed conditions together. Those records let counsel test whether the Division's next recommendation matches what actually happened.
If the abuse you've been accused of has been found substantiated, 'dispositional' hearings will be held. These traditionally come immediately after the initial investigation and include a list the judge has put together of steps you must complete before a reunification of the family can take place.
After the dispositional hearings, review hearings happen every few months to check on the progress of the case. Every effort should be made to keep in contact with your attorney as they will be provided reports by the DCPP. These reports document the changes you're making (or aren't making) to get your child back such as home environment changes and interactions during the scheduled time with them. In many cases your lawyer will request you speak with a defense expert such as a psychologist to help provide testimony in your case.
After about a year if the child is not back in the home, permanency hearings will take place. A permanency hearing takes place every 12 months in large part due to ASFA (Adoption and Safe Families Act.) The act's hope is to avoid a child spending long periods of time in foster care. The hearings will be to determine the next steps in the case. There are five possible outcomes.
Reunification means the child returns home now or under a transition plan. The court may still require services or supervision while the household adjusts.
Extension of the Permanency Deadline -- Your lawyer may ask the court for a short extension -- typically up to three months -- before a final permanency plan is approved. Often times this outcome is due to the parent showing great strides in their ability to provide a safe environment for the child but still needing more work to be done.
Custody to another parent or relative can provide a stable placement without terminating parental rights. The order should be read closely for decision-making authority, contact, services, and what would be required to seek a later change.
Kinship Legal Guardianship -- When the child is going to stay long term with a relative or family friend this is a Kinship Legal Guardianship, but it does not involve the adoption of the child. The guardian will be able to make decisions for the child such as medical treatments and education planning. While the parent will be able to visit the child and have an obligation for child support. Since a 2021 change in the law, KLG stands on equal footing with adoption as a permanency option.
Termination of Parental Rights -- This is the worst case scenario. If DCPP concludes reunification is not possible, it can file a guardianship complaint asking the court to terminate parental rights -- but only a judge can do so, after a trial where the Division must prove by clear and convincing evidence that termination is in the child's best interests.
These outcomes are not interchangeable. A short extension preserves a reunification track; kinship legal guardianship and termination carry very different consequences. Before a permanency hearing, counsel should identify the plan the Division is requesting, the evidence supporting it, the realistic alternative placements, and any factual dispute that requires testimony rather than assumption.
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