Okay, so Here’s a First!


Today, of the New Jersey Appellate Division released a two-page decision reversing a finding of “risk of harm” under N.J.S.A. 30:4C–11 in a case brought by the Division of Child Protection and Permanency that was tried over four days. No facts were discussed, no law analyzed, and yet, the court reversed.

Why? Because the Division did not oppose a reversal! It stands to reason, then, but the Division knew the finding should have been reversed, but simply did not take the initiative to assert that to the court, but rather left the court to its own conclusion. A good result for the parents in this case; however, this decision presents more questions than answers for the field of child welfare law.

We do not know from the decision if a new DAG handle the appeal and disagreed with her predecessor to try the case, but that makes no difference in my view. The “client” is the Division. While a finding under Title 30 is not quite the same as a finding of Title 9 (no registry, no prior finding to taint future child abuse investigations, etc.), is still a child-abuse finding, which our law says is a substantial weight against the parent, if for no reason other than reputational injury in its existence. Should not then the Division have an obligation to be a sure of its position before putting the parents through the emotional and financial turmoil of a four day trial and appellate briefing before such a finding is sought?

And assuming that the agency changed its position in favor of the parents after the trial occurred. Should not the Division have simply joined in consent to have the finding reversed by the Appellate Division? After all, nothing compelled the Appellate Division to reverse the finding simply because all of the attorneys in the case disagreed with the trial judge’s conclusion.

And does the procedural machination in this case not call into question other cases that the agency prosecutes against parents? How many times has a fresh set of eyes come upon a DCPP case only to have the unsupportable finding of child abuse against the parent disregarded because someone somewhere in the halls of the agency felt, however unwarranted, that a finding was needed?

We often refer to the Title 9 finding as the first meal in the coffin any termination proceeding. In termination proceedings, all doubt is to be weighed against termination of parental rights and in favor of the parent. Should that standard not also apply any time child welfare if implicated? Does that not serve the policy of our state that accords parents the constitutional right to parent while also protecting children from harm?

Hopefully, defense counsel will rely upon this case to show the strategic maneuvering of the agency in court, if for no other reason than to demonstrate to judges that the agency is not a dis-interested body that simply wants to “protect the children”. It has its agenda and should be treated like any other litigant before the court, with its motivations analyzed.

If you or someone you know is involved with litigation against the Division of Child Protection and Permanency, contact Paragano & Williams, LLC to schedule a consultation.

New Jersey DYFS Defense is Changing with the Times!


Hi Everyone!  For the past few years, NewJerseyDYFSdefense.com has provided top-quality information, insights and perspectives on the topic of child abuse and neglect and the agency entrusted with investigating same.  Until February 29, 2013, that agency was most commonly known as DYFS – the Division of Youth and Family Services.  However, with an overhaul of agency protocol and procedure came a new name.  Now, DYFS is known as DCPP – the Division of Child Protection and Permanency.  

Though we are loathe to accept that the agency in our state entrusted with investigating often quite serious allegations such as child sexual abuse is referred to as “PP”, it is with much chagrin that we accept it.  And so, today, NewJerseyDYFSDefense will now be known as NewJerseyDCPPdefense.  We will function as we always have — to provide our perspective on how the child welfare systems works (and fails to work) for the families in this state.  We will continue to provide commentary and to refrain from giving legal advice.

And most importantly, we will continue to respond to your thoughts, concerns and questions by publishing content designed to enlighten our constituents about Child Welfare law, procedure and policy.

Stay tuned for more great content.

If you or someone you know is involved with the child welfare agency, DCPP, please contact Paragano & Williams, LLC, for a consultation.

What is a Dodd Removal?


When DCPP, the Division of Child Protection and Permanency (formerly, DYFS, the Division of Youth and Family Services) investigates an allegation of child abuse or neglect, and uncovers what it believes to be “imminent risk of harm”, the Division may remove the children from the home immediately without a court order. N.J.S.A. 9:6-8.28. This removal is referred to as a “Dodd” removal, named after the legislator who sponsored the legislation giving the Division this right. Once a Dodd removal occurs, the Division must be before a judge seeking a court order ratifying the Dodd within two court days.

What constitutes “imminent risk of harm”? That varies from county to county, and frankly, from investigator to investigator. However, some general parameters include child sexual abuse where the alleged perpetrator is in the home; physical child abuse that would rise to the level of an “aggravating circumstance” that would relieve the Division of its obligation to make reasonable efforts to avoid placement; abandonment (i.e., child in the home with no caregiver), or acts of a similarly serious nature.

Unfortunately, the Division will, from time to time, act improvidently in removing children from their home. This may occur in circumstances where the parent has been voluntarily accepting services from the Division over a period of time, and the agency ultimately comes to the conclusion that it is tired of trying to work with the parents and feels court intervention must be imposed upon the family to effectuate the positive result sought.

It is also not unheard of that the agency will threaten to do a Dodd removal in order to scare parents into signing contracts with the agency, allowing unfettered access to a home, signing releases for medical or mental health information that is otherwise protected, and similar overreaching to accomplish what they otherwise could not.

Many times, parents will contact counsel after the fact and claim that they only signed agreements and authorized the release of confidential information upon threat of removal by the Division. Such tactics constitute a gross violation of the public trust and misuse of government authority. Unfortunately, my experience has been that judges are upset by improvident removals than by noncooperation by parents when the Division investigates. Therefore, one must not casually disregard the Division’s threats to remove children, even when the parent believes the agency could not ultimately prove “imminent risk of harm” in court.

If you or someone you know has been contacted by the Division seeking to investigate, before denying access and facing potential removal, contact Paragano and Williams, LLC for a consultation.

Livermore Child Care Workers Accused Of Abuse For Binding Babies

Reblogged from CBS San Francisco:

LIVERMORE (CBS SF) -- Two sisters accused of binding babies to their beds with blankets during naptime at a Livermore child care facility were arrested Wednesday morning and are facing a slew of child abuse and neglect charges, a Livermore police spokesman said.

Nazila Sharaf, 35, of Dublin, and Lida Sharaf, 33, of Mountain House, were arrested in their respective cities between 8 a.m.

Read more… 777 more words

This story is what typically springs to mind when the words "child abuse and neglect" are uttered. In reality, the cast majority of "child abuse and neglect" cases are not of this sort, do not involve the heinous allegations set forth here, and do not warrant or require the extent to state intrusion into family life that is prompted by such stories. Nevertheless, I highly recommend reading these types of stories so that our society can learn to differentiate these offenses from those we most frequently encounter in the world of child welfare law litigation.

Defending DYFS/DCPP Cases: An Essential Primer


On Saturday, April 27, 2013, Allison C. Williams, Esq., Founder of NewJerseyDYFSdefense.com, will be presenting a Continuing Legal Education (CLE) seminar for the lawyers and judges of New Jersey. The topic: Parental Defense in DYFS/DCPP cases. The presentation will take place at the Crowne Plaza in Fairfield. To register for this CLE, visit www.njicle.com.

If you or someone you know is involved in litigation against the Division of Child Protection and Permanency, formerly known as the Division of Youth and Family Services, please contact Paragano & Williams, LLC for a consultation.

What a difference a year makes!


In litigation brought by the division of Child Protection and Permanency (DCPP)(formerly the Division of Youth and Family Services (DYFS)), one year is a very significant benchmark in the case. After one year in litigation, the court is required to conduct a permanency hearing and to approve a plan to achieve permanency for the child. That plan may include reunification with the parent, termination of parental rights followed by adoption, kinship legal guardianship with a relative, or one of three other alternatives. N.J.S.A. 9:6-8.50.

Though there is no statutory requirement for litigation to last one year, anecdotal experience from child welfare attorneys supports that this is typical. Various, however, a requirement for a permanency hearing within one year pursuant to the a
Adoption and Safe Families Act (ASFA).

Further, parent educational materials distributed in child welfare courts, provided by the Administrative Office of the Courts (AOC), that the case should be resolved with reunification, if possible, within one year.

But should we accept the de facto presumption that the litigation must last a year? Does having a one-year “benchmark” allow the agency to justify its delay in implementing necessary services to achieve reunification? Does having a one-year benchmark encourage the agency to talk on additional requested services for family over the course of that year, knowing that the practice typically includes a one-year period of litigation? And because it is exceedingly rare that a court will not grant the agency its request for additional services, what is lost, really, by requesting more and more and more of a parent because the agency has one year to play with?

It is a dirty little secret of child welfare agencies that services are often provided to families solely for the purpose of meeting the statutory requirement down the line to terminate parental rights. Now that ASFA requires concurrent planning, the agency cannot take this “over servicing” approach with only those families anticipated to have termination in their future; it adopts this approach for all families.

The consequence of this “standard operating procedure” is that many families are simply tortured by a one-year entitlement by the agency to control its life, rather than a strategic, directed approach to help families and end litigation. It is true that many families achieve reunification before the end of litigation, as a parent may seek return of the child at any time, which shall be granted unless there is evidence of harm to the child’s health, safety or welfare. See, N.J.S.A. 9:6-8.32(a). Yet, it is all too common that the division successfully opposes reunification upon the stated concern that a lapse of perfection upon reunification will only result in a subsequent removal.

This concern is not totally unwarranted. However, the one year benchmark is far too often used as a guillotine over families, rather than a tempered response to the circumstances presented to the court. Wow the benchmark appears to be here to stay, we should not accept that one year is a magic number that should guide most cases. Each case requires and deserves a case-by-case individual approach.

If you or someone you know is involved in child welfare litigation that appears to be dragging on needlessly, contact Paragano & Williams, LLC for assistance resolving your matter expeditiously.

Does DCPP Need a Warrant to Search My Home?


When the Division of Child Protection and Permanency receives a referral, it is required by law to investigate.  A required component of that investigation includes speaking with the accused parent.  N.J.A.C. 10:129-3.1(b)(7).  Another required component of the investigation includes inspecting the home environment of the allegedly abused or neglected child.  N.J.A.C. 10:129-3.1(b)(4).  These components, along with others, are evaluated to help the agency assess risk.  Risk must be assessed with each allegation investigated, as child safety may be impaired without such a determination.

Unfortunately, the determination of risk comes with or without the parent’s involvement.  If risk cannot be assessed unless the home is evaluated, the Division may conclude – having considered the balance of factors that they must evaluate – that the missing information (i.e., the state of the home or the explanation of the parent) is essential and without it, the only safe alternative is to presume a harm exists, remove the child and await a determination by a Court.

Conversely, there are times when the parent’s failure to allow a home inspection or interview of the accused may annoy the investigators and perhaps increase the likelihood that litigation may ensue, but would not prompt a removal.  The critical determination for the agency is whether there exists an “imminent risk of harm” (which is required for removal, pursuant to N.J.S.A. 9:6-8.28 and -8.29) or a “substantial risk of harm” (which is required for a finding of abuse or neglect as defined in N.J.S.A. 9:6-8.21(c)).

My experience has been that few cases turn on the state of the home, where that is the only remaining piece of a child welfare investigation to be completed.  Nonetheless, there are certainly times when a parent is better served by denying access to the home.  If a parent elects to deny access, the Division may threaten to remove the child — whether a basis exists for such action or not.  In order to evaluate the merits of such a threat, it is imperative that parents consult counsel before making the final decision and declaration that access to the home will not be granted.

If you or someone you know are considering denying access to a home that is the subject of a child abuse investigation or refusing an interview with the Division, please contact Paragano & Williams, LLC to make sure you are making the right choice.