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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Abuse and Neglect: Do we have the correct Burden of Proof?
On July 20, 2012, the Appellate Division affirmed a trial court finding of abuse and neglect in a case where a father handled a three-month-old baby so roughly as to break his collarbone and cause various fractures. (DYFS v. J.F.) At the end of the decision, the court held that the “preponderance” standard is the…
Read More »Psychologist Loses License for Fabricating Sex Abuse Allegations
Psychologist Marsha Kleinman has been found guilty of misconduct and malpractice for falsely implanting in young children memories of sexual abuse, which she fabricated. Over the years, this psychologist effectively limited and/or terminated contact between parents and children, premised upon her claims of sexual abuse, which did not occur. A particularly damning piece of evidence…
Read More »How much “caution” is Enough for DYFS?
“Every failure to perform a cautionary act is not abuse or neglect. When the failure to perform a cautionary act is merely negligent, it does not trigger section (c)(4)(b) of the abuse or neglect statute.” This principle, first established in DYFS v. T.B., recently formed the basis of a reversal of a neglect finding by…
Read More »Divided Loyalties NOT Allowed by DYFS
In DYFS v. E.R., the Appellate Division upheld a finding of neglect against a parent who violated a DYFS case plan by repeatedly exposing her daughter to the mother’s boyfriend’s unwanted sexual advances. In so holding, the Court held: Defendant’s misconduct lies in her steadfast loyalty to her paramour while ignoring her legal responsibility to…
Read More »Corroboration: When Should A Child’s Hearsay Statement be Allowed in a DYFS Case?
In a recent unpublished decision, DYFS v. J.B. & N.D., the Appellate Division reversed a finding of neglect against parents, citing insufficient factual support for the trial Court’s conclusion. What I find interesting about this case is not the ultimate conclusion, but the Court’s analysis of the admissibility of the children’s statements to DYFS. In…
Read More »DYFS Defense: Termination by Default
When DYFS becomes involved with a family, the clock starts ticking from the time a child is removed from a parent and placed into DYFS custody. Parents, oftentimes battling life-long mental health and substance abuse issues, are expected to fix themselves within as little as 15 months or else the State of New Jersey will…
Read More »DYFS Idiosyncracies: Termination of Parental Rights Tidbits
In a recent unpublished decision, DYFS v. J.C.G., the Appellate Division reversed the termination of parental rights, highlighting several key principles that govern this area of law: 1. DYFS cannot deny a parent all access to child over years of litigation, then rely upon the absence of a parent-child bond to terminate parental rights (TPR). 2.…
Read More »DYFS Abuse Findings Must Be Based on Specific Harm or Substantial Risk of Harm
In a recent unpublished decision, DYFS v. S.S. the Appellate Division reversed a finding of abuse and neglect when the proofs showed that the mother separated from an abusive partner who may have been involved in illegal drug activity when DYFS became involved. In this case, the police raided a house, performed a search pursuant…
Read More »DYFS v. K.T. – Excessive corporal punishment revisited?
In DYFS v. K.T., the Appellate Division reversed a trial Court‘s finding of no abuse or neglect in a case of alleged excessive corporal punishment. In K.T., a mother spanked her 7 year old daughter for kissing a boy and sitting on his lap at school. The spanking left bruises and cuts on the child’s…
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