When a parent is accused of abuse or neglect, or faces the most severe consequence of termination of parental rights, a DYFS (DCPP) lawyer with experience in the field of child welfare law is vital to their defense.
Many lawyers advertise that they are capable of handling a DYFS (DCPP) matter. Some are correct. Unfortunately, many more are not.
DYFS (DCPP) litigation is full of complexities that transcend basic family law. This area of litigation requires an intimate familiarity with Agency law, Superior Court law, and the intersection of the two.
DYFS is complex. It requires an understanding of social work, psychology, psychiatry, mental health and medical conditions. It requires an understanding of the Rules of Court and Rules of Evidence, many of which differ from those applicable to matrimonial and family law.
It requires an intimate familiarity with two key statutes defining abuse, neglect and parental unfitness, and their sub-parts. Few attorneys have this familiarity. If you are at risk of losing your children contact The Williams Law Group today.
Many parents seek out an attorney who is skilled in the field of family law. One way of determining if a practitioner is skilled in family law is by seeking those who have been Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney. While these practitioners are deemed competent in the field of family law, they are not necessarily so in the field of Child welfare law.
To become certified, one must pass an examination created by the Board on Attorney Certification. This examination does not include any material covering child welfare law topics. Choosing a DYFS (DCPP) lawyer is an important step in the reunification and sustenance of families involved in the child welfare system.
Parents should be careful not to choose a lawyer simply because they are a skilled family law practitioner or, even worse, simply because they advertise that they are a “DYFS (DCPP) Lawyer“. A parent should seek representation by an attorney with the skills, reputation, and knowledge needed to help adeptly navigate the child welfare system.
The Williams Law Group focuses on DYFS defense and we have successfully litigated over 2,000 DYFS cases. For immediate help, contact our law firm today.
DYFS Authority – Unjust, Unfounded & Unfair
New Jersey state law requires anyone who thinks that a child has been abused or neglected to report the incident to DYFS. The same Law requires DYFS to investigate all reports in order to protect children. DYFS will remove any child in order to protect them when it is necessary from abuse or neglect. DYFS is not able to remove your child without do cause. However in many cases what a DYFS caseworker considers do cause is not only unjust it is also unfounded and unfair.
It is commonly believed that DYFS often overextends it’s authority. As a parent this can be both a stressful and unnecessary disruption to their household and daily living situation. As a parent you may be wondering what DYFS does in a child abuse or neglect investigation.
What To Expect When DYFS is in Your Life
First, you should understand that DYFS investigations are common and many families have been investigated by DYFS. If you are scared or uncertain of how to proceed we recommend contacting a law firm and getting the information you require in order to navigate through the investigation and understand the purpose and the procedural requirements involved.
During an investigation a caseworker may interview the child that was reported as abused or neglected. The interview with the child will be audio taped or video tape and may be held and any reasonable location. The caseworker will also obtain any criminal history information about the people alleged to have abused or neglected the child.
Typically investigations may take up to 30 days. The investigation time is used by the caseworker to determine if the child was abused or neglected, if the child is at risk of future abuse or neglect and to determine whether the child is reasonably safe. If it is determined that the child is no longer safe the caseworker will decide on the appropriate course of action in order to reduce the risk of abuse and neglect. This may involve DYFS removing the child from their home.
During a DYFS proceeding you have the right to consult with a DYFS attorney at any point during the investigation. If DYFS files a lawsuit regarding your children, you have every right to have your own DYFS lawyer present at all court appointments and proceedings.
The Williams Law Group focuses on DYFS law and our law firm has successfully litigated over 2000 DYFS cases with remarkable results. We are aggressive advocates and invite you to explore the many free resources such as the podcasts, FAQ videos and blog posts listed on our website. Afterwards, if you still have questions about your DYFS situation we urge you to contact our firm.
We are here to supply you with the legal advice and knowledge you require.