Newark, NJ asked in Criminal Law, Family Law, Personal Injury and Municipal Law for New Jersey

Q: Can dcp&p remove children during covid-19 pandemic without a court order?

2 Lawyer Answers

A: Yes they can. You are going to need to retain an experienced matrimonial attorney to find out exactly what is going on and determine your rights accordingly.

A: From a procedural standpoint, DCPP gets a call from an anonymous source, school, police department, etc expressing concern for the welfare of a child in your household and it then sends out a representative to investigate. The purpose of the investigation is to determine whether the child is at risk of neglect or abuse and if after conducting a preliminary investigation, concludes that immediate action is needed to protect the child from neglect or abuse, the agency has the right to take immediate steps, including removal of the child from the home setting. If this is what has occurred, you need to meet with counsel to figure out what steps you need to undertake to get your child back and / or what type of plan needs to be put in place to provide assurance for the child's safety.

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