When the Division of Child Protection and Permanency (DCPP), f/k/a the Division of Youth and Family Services, (DYFS) receives an allegation of abuse or neglect stemming from the use or abuse of alcohol or drugs (legal or illegal), often the accused parent is asked to submit to a substance abuse evaluation. This process entails meeting…
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DYFS/DCPP's marriage to Supervised Visitation
Ever notice how every case filed by the Division of Youth and Family Services (DYFS), n/k/a the Division of Child Protection and Permanency (DCPP) kicks off with a Complaint and a request for supervised visitation? Does anyone ever question the need for supervision at the initial filing? Of course not, you may be thinking. After…
Read More »Neglect Findings by DYFS/DCPP must be made on Science - not Assumption
On Monday, September 10, 2012, the New Jersey Supreme Court is scheduled to hear oral argument in a case of significance to all involved in the child welfare system. In DYFS (n/k/a/ DCPP) v. A.L., the trial Court, and subsequently, the Appellate Division, made a finding of neglect against a mother who ingested cocaine during…
Read More »The Myth of "Crack Babies"
http://www.americanbar.org/content/dam/aba/administrative/child_law/ParentRep/PregnantWomenJunkScienceZealousDefense.authcheckdam.pdf
Read More »Congratulations to NewJerseyDYFSDefense.com!
August 2012 was an exceptional month! Our BLOG, NewJerseyDYFSDefense.com, experienced record traffic to the site. We experienced a record number of comments on the posts provided. Because of the sensitive nature of the comments, we often could not share them with the public. However, people are reaching out and seeking the information we have to…
Read More »DYFS (n/k/a DCPP) can only do so much
In an unpublished opinion, DYFS v. J.M., the Appellate Division has created a significant loophole in the notion, first established in DYFS v. G.M., that the offending parent is entitled to a dispositional hearing once he or she has remedied the harm that commenced the litigation. In J.M., the Appellate Division upheld a trial court's…
Read More »Child Abuse Central Registry: Child Protection or Parental Punishment?
For many families, an allegation of child abuse or neglect may result in a finding without litigation. The agency investigates and determines that an allegation of child abuse or neglect is substantiated. The consequence is that the parent is then listed on the Child Abuse Central Registry maintained by the Department of Children and Families.…
Read More »When are DYFS services considered "reasonable"?
"Reasonableness" is imbued in our child protection laws. The agency must exercise "reasonable" efforts to avoid out of home placement. If the child is removed, the agency must provide "reasonable" services to achieve the goal of reunification. The "reasonableness" of those services is a condition precedent to termination of parental rights. And yet, New Jersey…
Read More »Can I sue DYFS?
New Jersey DYFS Find Out How You Can Fight DYFS: Call (908) 810-1083 Parents often wonder if they can file a lawsuit against the Department of Child Protection and Permanency (DCPP), formerly known as DYFS. If you feel you have been threatened with losing your children or have already suffered this type of injustice, contact…
Read More »What's In A Name: DYFS becomes DCPP
Never one to be labeled stagnant, our Child Welfare agency in New Jersey, formerly known as the Division of Youth and Family Services (DYFS), will now be known as the Department of Children Protection and Permanency (DCPP). What does this means for those of us in the trenches? And most importantly, what does this mean…
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