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DYFS v. K.T. – Excessive corporal punishment revisited?
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...
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DYFS v. M.P.: Imperfect Parenting as Child Abuse or Neglect?
DYFS v. M.P.: Imperfect Parenting as Child Abuse or Neglect?
In the recent unpublished decision of DYFS v. M.P. & D.C., the Appellate Division reversed a trial Court's finding of abuse and neglect against a mother, determining the...
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DYFS Substantiations of Child Abuse – The Role of Corroboration
DYFS Substantiations of Child Abuse – The Role of Corroboration
In DYFS v. T.L. A-0506-11T2, the Appellate Division entered several rulings about corroboration of children's statements of prior abuse. The Court noted that N.J.S.A. 9:6-8.46(a)(4) exists to alleviate...
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DYFS Request for Services: Treatment or Entrapment
DYFS Request for Services: Treatment or Entrapment
At the inception of every DYFS case, the agency will tell the parent to engage in "services" designed to remediate the condition that led to DYFS involvement. Services...
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DYFS Cases Cannot Continue when the Court finds No Abuse or Neglect, Absent Parental Unfitness
DYFS Cases Cannot Continue when the Court finds No Abuse or Neglect, Absent Parental Unfitness
The Appellate Division has now disapproved of the common practice of trial Courts keeping DYFS cases open for "monitoring", when the Court finds that DYFS did NOT prove...
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New Jersey Supreme Court issues Pro-DYFS Ruling
New Jersey Supreme Court issues Pro-DYFS Ruling
On March 31, 2010, the New Jersey Supreme Court issued its ruling in Division v. M.C. III., reversing the Appellate Division's pro-defense ruling in October 2008 that certain...
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Scope of Caseworker Testimony in DYFS Trials
Scope of Caseworker Testimony in DYFS Trials
By: Allison C. Williams, Esq. Unlike the traditional civil trial, DYFS cases are often “streamlined” because of the Division’s ability to enter documents generated by agency personnel into...
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