A child endangerment charge can trigger serious consequences in both Division of Child Protection and Permanency (DCP&P) cases and custody disputes.
Once the police file charges, DCP&P may open a Title 9 case based on the same facts. The agency can investigate the home, interview the child, and seek court orders that affect custody or parenting time. Family court judges may limit or suspend custody while a Title 9 case moves forward.
Even without a conviction, child endangerment charges can influence DCP&P cases and long-term custody decisions.
What Counts as Child Endangerment in New Jersey?
New Jersey’s legal definition of endangering the welfare of a child covers a wide range of actions and situations. Individuals can face child endangerment charges for causing harm, putting a child at risk, or allowing abuse to happen. That includes physical abuse, sexual abuse, neglect, and leaving a child in a dangerous situation.
New Jersey’s child endangerment law also applies to repeated verbal abuse or emotional cruelty in some cases. Even if no injury occurs, exposing a child to drugs, violence, or unsafe conditions can still lead to charges related to endangering the welfare of children.
Parents, guardians, teachers, and others responsible for a child can all face charges if they fail to protect the child from harm or if they harm the child directly. Child endangerment can be a second- or third-degree crime depending on the facts.
Child endangerment charges often overlap with child welfare investigations, especially if someone contacts the state to report abuse or neglect.
What Happens When DCP&P Gets Involved?
In some states, only certain professionals – like teachers, doctors, or social workers – have a legal duty to report suspected child harm, child abuse, or child neglect. But under New Jersey law, everyone is a mandated reporter.
Anyone who has reasonable cause to believe that a child has been abused or neglected must report it to the Division of Child Protection and Permanency. Once DCP&P receives a report, it starts an investigation.
During its investigation, DCP&P will usually visit the child’s home, interview the child and any adults involved, and may speak with schools, doctors, or other caregivers.
The agency will look for signs of abuse, neglect, or danger. If it detects an immediate risk, DCP&P can remove the child right away. In other cases, it may offer services or file a case in family court.
How a Child Endangerment Charge Impacts Custody
A child endangerment charge can have significant implications for a parent’s custody rights. Family court judges must consider any history of abuse or risk to the child when deciding on custody. Even if a parent has not been convicted and the child was never removed from the home, the investigation outcome remains on record.
If DCP&P gets involved, the agency may ask the court to suspend custody while the case moves forward. A criminal charge tied to abuse or neglect can also lead to a finding of substantiated abuse, which can follow the parent for years. It can affect future custody determinations or lead the other parent or DCP&P to file a motion to limit parenting time or require supervised visits.
Judges will always focus on the child’s safety in child custody cases. A pending charge or prior conviction can easily shift the balance against a parent in a custody dispute.
The Criminal Process vs. the DCP&P Process: How They Interact
A child endangerment charge gives rise to two separate cases: one in criminal court and one with DCP&P.
While prosecutors handle the criminal charge in court, DCP&P may also open a Title 9 case at the same time. Opening a case under Title 9 means DCP&P has started a child welfare investigation to decide whether a child has been abused or neglected.
The two processes move at different speeds, involve different rules, and can lead to different outcomes:
- In a criminal child endangerment case, a conviction can result in jail time, fines, and a criminal record.
- The primary focus of a DCP&P investigation is to consider the same facts to determine whether the child is at risk of harm or needs protection. DCP&P findings can lead to loss of custody, court-ordered services, or placement of the child in foster care.
Steps to Take Immediately After Being Charged with Child Endangerment
If you are facing child endangerment charges in New Jersey, the steps you take next matter. Here is what you should do right away to protect your rights:
- Call an experienced child abuse defense attorney in New Jersey at Keith Oliver Criminal Law. Tell your lawyer whether DCP&P contacted you. If the agency has opened a case, your lawyer will need to know about it right away.
- Gather the names of any witnesses who can speak about your parenting or what happened. Share their contact information with your criminal defense team as soon as possible.
- Avoid contact that violates any restraining orders or court conditions. Breaking these rules can lead to additional charges or loss of bail.
- Do not talk to DCP&P without legal advice. Even simple, truthful answers could negatively affect both the agency’s report and your criminal case.
- Take notes after every call or visit from the police, DCP&P, or court staff. Your lawyer may need the details of these interactions later.
What Favorable Outcomes Look Like
A favorable outcome in a child endangerment case depends on the facts, the charges, and how both criminal and DCP&P cases unfold. In criminal matters in New Jersey courts, a favorable outcome might include a dismissal, a reduced charge, or entry into a diversion program such as pre-trial intervention (PTI).
In DCP&P matters, a favorable result usually means an “unfounded” or “not established” finding. That ends the case without a record of abuse. If the agency filed in court, a good outcome may involve dismissal or reunification under a safety plan.
In child custody cases, a favorable outcome lets you keep your right to joint custody, regain lost time, or avoid supervised visits. Help from a New Jersey child abuse and endangerment defense lawyer can often make the difference in whether you achieve these favorable outcomes.
How Keith Oliver Helps Clients Facing Both Criminal Charges and DCP&P Actions
Do you need a child abuse lawyer in New Jersey? Look no further than Keith Oliver Criminal Law.
Our legal team defends parents across New Jersey who are dealing with child endangerment charges, DCP&P investigations, and custody concerns. Our team knows how criminal charges and family court issues can overlap, and we build smart defense strategies that address both.
Contact us now for your free initial consultation session. It is completely confidential and comes without further obligations on your part. Let us explain your options and help you move forward.
