When that knock on your door turns out to be worker from the Department of Child Protection and Permanency (DCP&P), formerly D.Y.F.S., a parent can find himself or herself dropped into a maze of bureaucratic entanglements with lasting consequences.  So, what’s the deal?

DCP&P has an obligation to investigate any allegation of child abuse or neglect. This is, of course, necessary to protect the many children that may be suffering in this state.  Many categories of people including doctors, nurses, teachers, coaches, and day care providers are “mandatory reporters” meaning that they have a legal obligation to call DCP&P if they suspect abuse.  All reports are anonymous and DCP&P can not reveal the identity of the reporter.

Upon receipt of a report, DCP&P will send an emergency worker out to investigate and make an initial determination regarding the safety of the child.  This can include taking no further action, implementing a “safety plan” to keep the child in the home, or removing the child.  Removal is a last resort and done only when there is no acceptable way to otherwise protect the child.  If the child is removed, the worker first looks for a relative with whom to place the child.  If none is available or acceptable, then the child can be placed in foster care.  If the child is removed, a hearing must be held within two court days before a Family Court judge in order to determine the further status of the child.

Once a formal investigation is conducted, DCP&P will determine whether “services” are to be offered to the family.  These could include counseling, family “skills” training, domestic violence services, drug and alcohol testing and treatment, and even residential placement.  When the investigation is complete, they will issue a letter with one of four possible outcomes: Substantiated (abuse is established by a preponderance of the evidence), Established (abuse is established but the acts are not serious enough to merit substantiation), Not Established (evidence indicates abuse occurred but it can not be proven by a preponderance of the evidence), and Unfounded (no abuse found).

DCP&P workers are overburdened by a crowded system with limited resources and even less time.  In my experience, most are sincerely trying their best to protect the children for whom they are responsible. That said, it essential to make sure that the Division is doing its job in a timely, thorough, and competent manner and this takes active participation and diligence on the part any parent and his/her attorney.  Holding their collective “feet to the fire” and pressing the Division to stay on schedule, prove its allegations, and operate within reasonable parameters of common sense.