when should i get an nj dyfs attorney

If you feel you have been threatened with losing your children or have already suffered this type of injustice, contact a New Jersey DYFS attorney immediately. Once you have a legal professional in your corner, the quicker the DYFS proceedings will stop and you can get your children back from DYFS.

Full Answer

Why do I need a NJ DYFS lawyer?

NJ DYFS investigations can quickly become criminal investigations. If you refuse to allow a NJ DYFS/DCPP investigator into your home, the investigator may turn to the local police department for more assistance. It is for this reason that you need a NJ DYFS lawye r. When the police get involved, your case can quickly become a felony matter.

How serious is a DYFS case in NJ?

N ew Jersey DYFS cases should be taken very seriously. Although the agency has changed its name to the Division of Child Protection and Permanency (DCPP), everyone still refers to it as DYFS. The best advice is to treat a NJ DYFS investigation the same way that you would treat a criminal investigation.

Should I hire a lawyer for a DYFS case?

Getting an attorney right away can not only help you end the case right away, but it also be a lot cheaper than if you wait. Hiring an attorney for an out-of-court DYFS case is much cheaper than hiring one if the case is already in court. DYFS comes out to your house due to allegations about you and/or your family.

Do I have to answer questions during a NJ DYFS interview?

No. However, be aware that if you engage in answering questions, you have consented to the interview. As criminal defense attorneys, we advise you NOT to talk with anyone until you have retained counsel. NJ DYFS investigations can quickly become criminal investigations.

How long does CPS have to close a case in NJ?

Generally, the CPS needs to finish the investigation within 90 days from the day it is entrusted with a case.

What is considered child neglect in NJ?

Neglect occurs when a parent or caregiver fails to provide proper supervision for a child or adequate food, clothing, shelter, education or medical care although financially able or assisted to do so.

How do I file a complaint against DYFS in NJ?

Call New Jersey's Child Abuse/Neglect Hotline at 1-877-NJ ABUSE (652-2873). They are available and will respond 24 hours a day, 7 days a week. If a child is in immediate danger, you should call 911.

What happens when DCFS is called in NJ?

Someone will notify DYFS that they believe your child is being abused or neglected. NJ DYFS has 60 days to complete its investigation. If they find abuse & neglect, DYFS will generate a complaint and file it. Once you are served with a notice to show cause, the case begins.

What is considered abuse in a home?

This includes any behaviors that frighten, intimidate, terrorize, manipulate, hurt, humiliate, blame, injure, or wound someone. Domestic abuse can happen to anyone of any race, age, sexual orientation, religion, or gender.

What happens if you get charged with child neglect?

Child Neglect Penalties Depending on the severity of the case, a defendant can be fined up to $10,000, as well as receive a term in prison of up to 10 months. In some cases, the neglect can be determined severe enough to remove custody from the parent or guardian if it's in the child's best interest.

Can social services take my child away without evidence?

Can social services take my child away without evidence? No, there must be evidence in support of the application from social services when they are asking the court to remove your child/ren from your home.

Can I sue NJ DYFS?

Only in very limited circumstances can a parent sue DYFS for it's often ill-conceived interference in family life. In fact, DYFS caseworkers are often given immunity. Only when conduct is performed outside the scope of their broad job duties may an employee be subject to penalties.

What CPS can and Cannot do?

CPS cannot enter your home without your permission. Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay.

What happens when a parent is reported to social services?

If they suspect a child might be at risk of harm, they have to look into the child's situation and take steps to keep them safe. They might decide to put the child on a protection plan. They may interview or medically examine your child without you present.

Do I have to let CPS in my house in NJ?

You should never let a CPS worker into your home until you are positive they have a court order or warrant. Letting the official into your home waives the protections afforded to you by the Fourth Amendment. Ask to see the physical copy of the warrant, as some CPS workers may lie about having one.

What does DYFS look for in home inspection NJ?

While in the home, he or she will examine whether the home has sufficient food, running water, and working heat and electricity. The investigator also needs to be satisfied that there are no hazardous conditions inside or outside the home.

What constitutes neglect of a child?

Neglect is the failure to provide for or meet a child's basic physical, emotional, educational, and medical needs. Parents or caregivers may leave a child in the care of a person who is known to be abusive, or they may leave a young child unattended.

What is classed as neglect by social services?

Neglect is the ongoing failure to meet a child's basic needs and the most common form of child abuse2. A child might be left hungry or dirty, or without proper clothing, shelter, supervision or health care.

What happens when a parent is reported to social services?

If they suspect a child might be at risk of harm, they have to look into the child's situation and take steps to keep them safe. They might decide to put the child on a protection plan. They may interview or medically examine your child without you present.

What is Title 30 NJ?

Title 30 was enacted to help families with issues such as substance abuse, lack of food, or insufficient medical care. The concerns facing the family do not rise to the level of abuse or neglect but nevertheless, pose a danger to the well-being of the children and must be remedied.

What to do if you have DYFS in New Jersey?

If your family comes into contact with DYFS in New Jersey two things may result. The first thing to do is to seek an attorney experienced in these types of cases.

How to fight a DYFS case?

Because of the specialized nature of DYFS matters, if using private counsel, it is important to seek legal counsel knowledgeable of fighting DYFS cases because it is possible that a case can be fought and dismissed early on (for instance at the fact-finding hearing). Additionally, one may need experts such as psychologists specialized in matters of children in abusive households and in conducting bonding evaluations between parents and children.

What happens if there is a fact finding?

If there is a finding, the case will proceed, again either to reunification or termination. Following the fact-finding, a permanency hearing will be held. The plan may be reunification with the family, termination of parental rights and placement for adoption, or what's called "kinship legal guardianship" which usually occurs when placement is with a relative such as a grandparent, sister, brother or even friend.

Where is the DYFS office in New Jersey?

DYFS has 48 offices throughout New Jersey, including two offices in Bergen County. These offices are located at 240 Frisch Court in Paramus, and 125 State Street in Hackensack.

How quickly can a DYFS investigation happen?

A typical investigation by DYFS can happen very quickly. In fact, it can happen so quickly and have such swift and severe consequences that you might lose custody of your children with less than 10 minutes’ notice. When the agency works on a case, the alleged goal of its investigation is to protect the child. Oftentimes, without all of the facts and a lack of understanding of the circumstances and relationships within a given family, the agency can obtain the assistance of a local police department or the New Jersey State Police and come to your house with sufficient paperwork to seize your children and place them in foster care. This can happen before you even have a chance to explain your side of the story. Your only recourse is a court hearing a few days later where you can challenge the preliminary findings of DYFS/DCPP.

What is the Division of Youth and Family Services?

The Division of Youth and Family Services (DYFS), now known as the Division of Child Protection and Permanency (DCPP), is New Jersey’s child protection and child welfare agency. As stated on its website, DYFS’s mission is to, “ensure the safety, permanency, and well-being of children and support families;” and, in order to fulfill this mission, DYFS, “is responsible for investigating allegations of child abuse and neglect and, if necessary, arranging for the child's protection and the family's treatment.”

Can DYFS take your kids out of your home?

This point cannot be overstated. If DYFS is seeking to take your children out of your home, there is a very real possibility that your children will be placed in foster care, and that DYFS may ultimately seek to place them for adoption.

Is child neglect a serious issue in New Jersey?

In New Jersey, all accusations of child neglect, endangerment and abuse are taken very seriously. Unfortunately, this means that many parents are forced to deal with DYFS and fight to protect their relationship with their children as a result of false allegations.

Is DYFS the same as DCPP?

In 2012, DYFS was changed to DCPP (Division of Child Protection and Permanency.) Thus if you're told to consult with a New Jersey DCPP lawyer, it's the same as needing a DYSF lawyer.

Is DYFS on your side?

5. DYFS is Not on Your Side.

Not getting a New Jersey DYFS Attorney Right Away

Not getting a New Jersey DYFS Attorney Right Away If DYFS is in anyway involved in your life, you have the right to get an attorney and you should. Some people think that there is no reason for a DYFS attorney if there is no court case. Others think that getting a DFYS attorney will make them seem guilty.

Going to Providers that DYFS Suggests

Going to Providers that DYFS Suggests DYFS comes out to your house due to allegations about you and/or your family. After performing an initial investigation, they may ask you to get any number of evaluations with providers that they choose. You have the right to get your own provider and you probably should.

Getting Into a Fight With DYFS

Getting Into a Fight With DYFS Fighting with DYFS on your own is probably always a losing battle. They have a ton of power and getting them upset with you will only make things worse. If they take your children, you will have to go through a prolonged court battle to get them back.

Thinking that the DYFS Case is No Big Deal

Thinking that the DYFS Case is No Big Deal I hear this all the time. Well I thought it wasn't a big deal. Or, I thought they would just go away after I explained it to them, took the test, let them interview my child, etc, etc.

Thinking that the DYFS Case Will be Limited to Just the Primary Issue

Thinking that the DYFS Case Will be Limited to Just the Primary Issue This catches a lot of people off guard. DYFS comes in for an allegation of child abuse. They see that the child is fine and now they are just going to pack it up and leave right? Not so fast. Once Pandora's box is open, anything is possible.

How to contact DCPP lawyer in New Jersey?

Contact our experienced DCPP defense lawyers anytime for immediate assistance at (908)-356-6900. The initial consultation is always provided free of charge. get in touch.

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DCPP is Threatening to Take my Kids, Should I do What they Ask?

Don’t fall victim. Don’t just do whatever they say because you are fearful. You are under no legal duty to comply with the Division. You do not have to speak to them or allow them to speak to your children. You are also under no obligation to allow them into your home or submit to any drug tests or substance abuse evaluations.

New Jersey Child Services is Making Demands, What do I do?

There is hope. To start, most parents do not loose custody of their children. But to insure that does not happen, it’s important to recognize that every investigation is different and in some cases, parents should fully cooperate. In other matters, the parents should not speak to the Division or comply with their demands.

Can you sue DCPP?

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 a New Jersey DYFS attorney immediately. Once you have a legal professional in your corner, the quicker the DYFS proceedings will stop and you can get your children back from DYFS. A simple Google search will locate many websites devoted to the goal of “suing DYFS ”, but:

Can a parent sue a DYFS?

Only in very limited circumstances can a parent sue DYFS for it’s often ill-conceived interference in family life. In fact, DYFS caseworkers are often given immunity. Only when conduct is performed outside the scope of their broad job duties may an employee be subject to penalties.