DYFS - What Level of Behavior Constitutes Abuse and Neglect

New Jersey Division of Youth and Family Services v. C.W., is a recent New Jersey Appellate Division case that focusing on what behavior constitutes abuse and neglect in a DYFS case. In C.W., the Defendant, Cynthia, appealed from a lower court's order finding that she had neglected her son based upon her cocaine use and also based upon the fact that she physically attacked her husband - an attack that could have caused his death and exposed her son to "unspecified harm." Cynthia and her husband are the biological parents of a son, who was born in November of 2008. In April of 2010, DYFS was called to investigate an incident regarding this family when Cynthia allegedly stabbed her husband and struck him with a frying pan. Subsequently, Cynthia was arrested for the incident and charged with aggravated assault and other weapons offenses. Cynthia's husband declined to press charges against her, but informed the caseworker that he believed that Cynthia was abusing drugs and was in need of counseling. DYFS proposed a plan wherein Cynthia was not allowed to return to her home until she began to engage recommended therapeutic services and Cynthia signed the plan. The caseworker further concluded that Cynthia's violent behavior exposed her son to a substantial risk of harm, which warranted a finding of neglect against her. On June 28, 2010, DYFS filed a complaint under Tile Nine, N.J.S.A. 9:6-8.21, seeking care and custody of Cynthia's son. The boy was placed with a family friend. On December 6, 2011 a judge issued an order returning Cynthia's son to the care of his parents on the condition that they comply with the services recommended by DYFS. On June 21, 2011, the judge placed an opinion on the record finding that Cynthia had neglected her son based on her drug use and the violent attack against her husband. Cynthia appealed from this judgment arguing that the trial judge erred in finding that her behavior exposed her son to a substantial risk of harm because the judge relied on documentary evidence without requiring the testimony of the DYFS witnesses. The New Jersey Appellate Division found no abuse of the judge's discretion in her determination that Cynthia's drug use constituted neglect of her son. However, the Appellate Court found insufficient evidence in the record for a finding of neglect based solely on Cynthia's attack against her husband. The Court noted that the record did not contain any testimony, by an expert or anyone else, that Cynthia's son was directly or indirectly negatively affected by the attack. If DYFS has become involved with your family or you expect that DYFS will become involved with your family it is critical that you seek out the advice of an experienced attorney before moving forward. For more information about DYFS, custody, child support, visitation or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.

Pregnant Women Using Drugs Legally Can Be Charged With Child Abuse

The Division of Youth and Family Services (DYFS) is charging a New Jersey woman with child abuse for legally using methadone to assist with her drug recovery during her pregnancy. The defendant in New Jersey Division of Youth and Family Services v. Y.N. had a history of drug abuse following the death of her infant son in 2005. After learning she had become pregnant again, she sought addiction counseling from a Newark clinic. She began her methadone treatment in 2011, after notification by the clinic that the child would be born dependent on methadone. At the time of the child’s birth, the mother's methadone use was evident and DYFS charged the mother with child abuse and neglect. The defendant clearly did not perceive the consequence of losing her child would result from use of methadone administered legally by a clinic which faced no legal charges for the administration of methadone to the pregnant mother. The NJ Appellate Court chose to look past the mother's desire to seek treatment for herself and focused on the best interests of the child. The court's decision was that “harm to the child need not be intentional in order to substantiate a finding of abuse and neglect”. The mother made a conscious decision to use drugs and her desire to cease using upon learning of her pregnancy must be enough on its own as the use of methadone may cause harm to the child. If DYFS is involved in your relationship with your children, you should seek experienced legal counsel. For more information on protecting your rights if charged by DYFS, child support, child custody or other crimes in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes only and is not intended to replace the advice of an attorney.

Kinship Legal Guardianship Information to Caretakers Required in DCCP (DYFS) Matters

A Division of Youth and Family Services ("DYFS"), now known as the Division of Child Protection and Permanency (DCCP), Social Worker misinformed the caretakers, the child's maternal aunt and uncle, that Kinship Legal Guardianship was only available if the child was 12 years old and older. The Appellate Court held, in New Jersey Division Of Youth And Family Services v. H.R. and N.B., that the caseworker's legal misinformation had to be corrected and the caretaker given sufficient opportunity to consider if she wanted to pursue kinship legal guardianship or adoption after being provided with the truthful information. The matter involved a child under the age of the 12 who had lived with the aunt and uncle since May 2010 due to the birth mother and father's drug addictions. The maternal aunt stated on the record that she would allow the child's father to visit with the child if he demonstrated he was not using drugs and maintained his sobriety. She thought termination of the parent's rights was a drastic step but she also believed the child needed a stable home so she was willing to abide by "DYFS" plan for termination and adoption. The New Jersey law for termination of parental rights (N.J.S.A. 30:4C-15.1(a)) requires a showing that the court has considered alternatives to termination of parental rights. One alternative to termination of parental rights is kinship legal guardianship. The Appellate Court held that, while the other three sub-parts of the law were proven by "DYFS", such that (1)the child's safety, health or development has been or will continue to be endangered if the parental relationship continues; (2) the parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide for a safe and stable home for the child; and (3) termination will not do more harm than good, all of the criteria has to be proven by clear and convincing evidence to demonstrate that it is in the child's best interests. Therefore, the Appellate division reversed and remanded the matter back to the trial court to establish on the record evidence that the caretakers received the correct information about the differences between adoption and kinship legal guardianship and which option they chose considering the best interests of the child. If you are a parent and DCCP has contacted you or if you have been contacted by DCCP to act as a caretaker for a child you should consult with an experienced family law attorney to protect your rights. For more information about DCCP matters, termination of parental rights, custody issues, child support, divorce, dissolution or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Unfounded Abuse and Neglect Ruling Reversed by NJ Appellate Court

A mother was charged with abuse and neglect after drinking beer and taking Xanax after her children were put to bed for the night. The woman's husband was not the biological father but was present at all times and was able to provide care to the children if needed. There was no showing that the children needed the care of the mother after they were put to bed. The children were regularly left in the care of the woman's husband and there was no threat to their safety when they were in his care. The New Jersey Appellate Court reversed the decision finding the record below inadequate to establish that abuse and neglect occurred or that the children were in danger. If you are facing charges of abuse and neglect or your children have been removed by D.Y.F.S., you should consult an experienced family law attorney immediately in order to protect your rights. For more information on removal, abuse and neglect, D.Y.F.S., custody, divorce, dissolution of civil union or domestic partnership, alimony, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Minimum Degree of Care for a Minor by a Parent in NJ

In a recent case, the New Jersey Appellate Court held that a parent appearing or being under the influence while children are in their care does not necessarily rise to the level that the Division of Child Protection and Permanency (DCPP, formerly known as DYFS)needs to become involved under N.J.S.A. 9:6-8.21(c)(4). The question that must be answered is whether the intoxication of the parent rose to a level that the parent failed to provide a minimum degree of care, when no actual harm has befallen the child, but instead only a risk of harm has been proven. The answer to this question must be viewed on a case by case basis taking into account the dangers and risks associated with the specific facts of the case. The parent's inebriation must directly cause their inability to care for their children. Justice Long held that "where a parent or guardian acts in a grossly negligent or reckless manner, that deviation from the standard of care may support an inference that the child is subject to future danger. To the contrary, where a parent is merely negligent there is no warrant to infer that the child will be at future risk." The DCPP must prove that the parent's condition was produced by a grossly negligent or reckless act that placed the child in imminent danger or substantial risk of harm. For more information on Division of Child Protection and Permanency, child support, spousal support, palimony, alimony, divorce, dissolution of civil union or domestic partnership or other family law matters in New Jersey visit HeatherDarlingLawyer.com. Post contributed by Doreen L. Neggia This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Does Prenatal Use of Illicit Drugs Constitute Unfitness to Parent in NJ

The New Jersey Supreme Court heard the case of DYFS v. A.L., regarding whether prenatal drug use, specifically cocaine and marijuana, by a mother must result in a finding of unfitness to parent. Both the trial judge and appellate division ruled that the mother's prenatal use of cocaine resulted in abuse and neglect. The mother's attorney argued that a showing of harm to the child is required in order for the court to reach a determination of unfitness to parent. The State argued that prenatal use of drugs in the face of existing evidence of harm to children resulting from prenatal drug use is enough for a finding of unfitness to parent. A question raised by Justice Anne Patterson was also whether a pregnant woman legally taking prescription drugs, in spite of notice of potential danger to the child, could also be guilty of abuse and neglect. The State clarified that in the event there is harm to the child from a mother's use of prescription drugs, the mother's rights are protected. If you or your children's other parent are seeking a modification of custody, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on DYFS,custody, divorce, dissolution of civil union or domestic partnership, alimony, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Legal Representation for Children When Parental Rights Are Terminated

Bill A-700 that is pending in New Jersey, would require the State to provide legal representation for a child in proceedings after parental rights have been terminated. This Bill extends the authorization of the Law Guardian Program of the Office of the Public Defender to provide legal representation until permanent placement has been finalized by the court. Extending the legal representation ensures the child(ren)'s wishes to are known and their interests protected. In addition to the Office of the Public Defender assigning counsel based on all characteristics of the case, the willingness of an attorney to represent any party must be taken into account. This Bill also makes mandatory the requirement that attorneys who represent a party in any post-termination review hearing receive adequate training to provide proper representation to the clients. While these services are typically already offered by the Officer of the Public Defender, the ratification of this bill will be an important milestone in guaranteeing the proper representation of New Jersey's youth. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are facing or seeking termination of parental rights, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on parental rights,adoption, child support, custody, alimony, divorce, dissolution of a civil union or domestic partnership or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This post was contributed by Doreen L. Neggia, Esq.