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
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Clifton, NJ
  • Licensed in New Jersey

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.

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.