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Rules on the Removal of a Child By DCP&P in New Jersey

FAMILY LAW ATTORNEY CORDY HARTMANUnfortunately, there are a few things that can lead to the state of New Jersey removing a child from the house. New Jersey’s Department of Child Protection and Permanency (DCP&P) is eligible to remove a child from the house under certain rules, as long as they follow the law set by the state of New Jersey.

Goals of DCP&P in New Jersey

The mission of New Jersey’s Department of Child Protection and Permanency is to ensure the safety, permanency, and well-being of children and their support families. This mission, however, can be considered conflictual when establishing permanency of a child will go against what is considered safe for them. When this occurs, then the safety of the child will become the priority. This means investigating any concerns of child abuse or neglect.

If DCP&P believes that a child is being abused or neglected or that they are unsafe in the house for any other reason, then they will likely remove them from the house. However, the best interest of the child is always considered.

What to Expect When DCP&P Removes a Child From Your House

There are certain laws and rules that DCP&P must follow when making the decision to remove a child from the house. These depend on whether or not a court order is obtained and include:

  • Removing the child with a court order: DCP&P might make the decision to remove a child from their house with a court order if the child is not in immediate danger. DCP&P can obtain a court order after making reasonable attempts to avoid removal of the child. This also often requires a pre-evaluated plan that documents the process of reunification.
  • Removing the child without a court order: It is possible for DCP&P to remove a child from their house without a court order , if there is an emergency present. When doing so, the police, a probation officer, or a DCP&P officer must be present for the removal.
    In some cases, the parent might also consent to the removal of a child. When parents agree to the removal, the child might be placed in a foster care or temporary shelter.

Your Options Following a DCP&P Removal

There is no question that having your child removed from your house can feel overwhelming and confusing. Chances are, you will have a lot of questions about your options going forward and how you can work toward your reunification. Following the removal of your child, DCP&P will begin an investigation. Then, DCP&P is required to hold a hearing within two days of the child’s removal.

DCP&P is also required to notify you, or the primary parent, of your rights and responsibilities. In most cases, you also have a right to know where your child will be taken and when the hearing is. DCP&P will notify you that you have the right to utilize the assistance of a lawyer. It can be useful to work with an experienced child custody lawyer to better understand your rights and to establish a reunification plan that will get you and your family back together much sooner.

Contact a Camden Family Law Attorney for a Consultation About Child Removal in New Jersey Today

If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of assets, you need to speak with a qualified attorney. The New Jersey family law attorneys at Cordry Hartman, LLC represent clients throughout the state, including Burlington County, Camden County, Moorestown, and Marlton. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at 856-492-8711 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 505 S Lenola Rd Ste 224 Moorestown, NJ 08057

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.