DCPP + DYFS

Division of Child Protection & Permanency Legal Guidance

When the State tries to come between you and your child, trust us to defend your interests through the process.

Navigating the intricacies of child welfare and protection is a significant concern for families in New Jersey. The Division of Child Protection & Permanency (DCP&P), formerly known as DYFS, plays a pivotal role in safeguarding the welfare of children. Understanding the functions, procedures, and objectives of this state agency is important for parents, guardians, and those involved in child welfare matters. 

Understanding the Division of Child Protection & Permanency, formerly DYFS

The Division of Child Protection and Permanency (DCP&P), formerly known as DYFS, plays a pivotal yet often contentious role in the realm of family law in New Jersey. DCP&P is entrusted with the crucial responsibility of ensuring the safety and well-being of children by thoroughly investigating allegations of abuse and neglect. This regulatory body has the authority to intervene in family dynamics and, if necessary, make decisions that can result in the separation of parents from their children.

Contrary to being an exaggeration, this agency's mandate underscores the gravity of its role in safeguarding children. The primary objectives of DCP&P include not only investigating claims of child abuse and mistreatment but also, critically, determining the most suitable environment for children to thrive. This involves assessing the living conditions, parental capabilities, and overall welfare of the child.

While the mission is undoubtedly noble, the involvement of DCP&P often raises concerns due to the potential impact on families. As families navigate the complexities of DCP&P investigations, understanding the intricacies of this process becomes paramount. Our legal services are designed to provide guidance and support, ensuring that your rights as a parent are protected throughout interactions with DCP&P. We recognize the sensitive nature of these situations and strive to empower you with the knowledge needed to navigate them effectively.

Concerns with the DCP&P System

Accusations of abuse are often anonymous and require no basis-in-fact before the State's Child Protection Division launches an investigation. If you are anonymously accused of mistreating your child, you do not have the right to know who has made that tip against you.   

Many have felt powerless when the DCPP opens an investigation into them. Some have felt bullied or have had their lives unjustifiably intruded upon. There's no easy button that will make the investigation disappear, but they do typically resolve within 60 days; however, there are many nuances to every case as no two situations are exactly alike.

Your Legal Rights & Responsibilities with DCP&P

When working with the Division of Child Protection and Permanency (DCP&P), formerly DYFS, it's crucial to understand your legal rights and responsibilities. 

Legal Rights

• Right to Legal Representation: You have the right to legal representation. It is advisable to consult with an attorney experienced in family law and DCP&P matters.

• Right to Notice: You should receive notice of any hearings or court proceedings related to your case. This allows you to prepare and participate in legal processes.
• Right to Present Evidence: You have the right to present evidence in your favor. This includes providing information that demonstrates your ability to provide a safe and nurturing environment for your child.
• Right to Privacy: You have a right to privacy within the bounds of the law. DCP&P investigations should be conducted respecting your privacy and the privacy of your family.
• Right to Appeal: If DCP&P makes decisions that affect your parental rights, you generally have the right to appeal those decisions through the court system.

Legal Responsibilities

• Cooperation with Investigations: It is generally your responsibility to cooperate with DCP&P investigations. This may involve allowing access to your home and providing necessary information.

• Child Safety: Ensuring the safety and well-being of your child is a primary responsibility. Taking steps to address any concerns raised by DCP&P is important.
• Compliance with Court Orders: If the court issues orders related to your case, it is your responsibility to comply with those orders.
• Communication with DCP&P: Open and honest communication with DCP&P can be crucial. Providing accurate information and expressing your commitment to your child's welfare is important.
• Legal Compliance: Adhering to all relevant laws and regulations is essential. This includes any requirements set forth by DCP&P or the court.

If the State of New Jersey has opened an investigation into the alleged mistreatment, neglect, or abuse of your child by his or her parents or guardians, contact us to make sure you understand your rights and what rights the DCPP has when interviewing you and your loved ones. Our attorneys can provide effective assistance in handling these situations -- assistance which may mean the difference between closing an investigation or 'welcoming' the DCPP into your life for the foreseeable future.