How to File a Lawsuit Following DCPP/DYFS Negligence


In the State of New Jersey, the DCPP (Division of Child Protection and Permanency), which was previously known as the DYFS (Division of Youth and Family Services), is responsible for various aspects of child protection, including investigating allegations of neglect and abuse. In the event that the DCPP fails to properly investigate or arrange adequate protection for the child, resulting in injury, death, or hardships, Paul M. da Costa and his team at Sarno da Costa D’Aniello Maceri LLC, can help you bring forth an action, claiming DCPP/DYFS negligence. Our attorneys, serving all of New Jersey from our Roseland, BridgewaterMorristown, and Hackensack offices, will fight for you, and against institutions that fail to meet their standards.

If we believe they failed to protect the child or victim, which allowed abuse to continue, we will fight on behalf of a family member or the estate to hold the responsible parties or departments accountable for their failure to act.

Who is the DCPP?

DCPP is part of the DCF (Department of Children and Families), with the powers granted to them by New Jersey law to ensure the safety of children and families. While the department is responsible for keeping children safe from abusive environments, there are times when the department is negligent and fails to notice clear signs of abuse. Their failure to remove a child from a toxic living arrangement can have catastrophic consequences, including abuse, both mental and physical, and in some cases, death.

Real Cases and Real Results

At Sarno da Costa D’Aniello Maceri LLC, we have a team of attorneys with firsthand knowledge and experience in handling cases against the DCPP. Due to the powers of the department, filing a claim against the DCPP can be extremely complex, requiring legal counsel with the knowledge and commitment to properly defend you in your lawsuit. For example, our firm secured a $2.6 million settlement in a wrongful death case, in which it was determined that the DCPP failed to remove a child from the custody of his mother, even following thirty-two reports of alleged child abuse. Following a house fire, the seven-year-old boy was deceased, at which time a lawsuit was filed neglect and/or asserting that if the DCPP would have removed the child from the home, he would not have died in the fire.

Determining Neglect

If you believe your child or family member was at risk of abuse and/or neglect, but the DCPP failed to act accordingly, our team of attorneys and staff will thoroughly examine the events surrounding the decisions made by the department. Through a comprehensive investigation, we will review documents and examine the evidence to determine whether the DCPP acted negligently. If we believe they failed to protect the child or victim, which allowed neglect and/or abuse to continue, we will fight on behalf of a family member or the estate to hold the responsible parties or departments accountable for their failure to act.

Contact Us Today

Due to the depth and nuances of these types of cases, it is important to meet with an experienced attorney who has handled cases of neglect against large divisions such as the DCPP. During a consultation, we can meet with you to discuss your case, explain your options, and let you know the proper course of action. Please contact Paul M. da Costa at 973-274-5200 or PdaCosta@sarnolawfirm.com to set up a meeting at our office.