Tag Archives: parent

Non-Offending Parents in Sex Abuse Cases


NewJerseyDYFSdefense.com received an inquiry regarding the Division’s hostility toward non-offending parents in sexual abuse cases. Allison C. Williams, Esq. responded to this inquiry, and since then, we have received very favorable responses to that Reply in Comments. For that reason, we have decided to republish that post here.

Counsel is involved in a matter involving alleged sexual abuse by the Father wherein the Mother believes in his innocence in a northern county. She represents the non-offending parent who firmly believes her husband’s innocence. The following suggestions are made for such circumstances:

1. The non-offending parent should compile a list of reasons why s/he believes his/her spouse. The reasons should focus upon the parent-child relationship with the non-offending spouse — not the spousal relationship. Focusing on the latter will likely draw complaint that the non-offending parent prioritizes the spouse over the child.

2. The psychological community acknowledges that a parent can disbelieve that abuse has occurred, and yet, still be supportive of the child who believes she has been abused. Cite to this research every time the matter is listed in court. Such information from Learned Treatises offers material and relevant evidence to the court for dispositional purposes.

3. Minimize the public appearance of support got the alleged offending parent by the non-offending parent. The image of wife supporting husband contradicts the position that wife supports his accuser (i.e.., the child) – no matter what the psychological community has to say about the two roles being compatible.

4. Obtain private therapy for the non-offending parent. Do NOT allow the Division access to this professional unless and until there is a finding, and only then, after the consequences of such finding have been addressed in court. Keep that safe space for the non-offending parent to express fear, concern, anxiety and yes, even doubt, without fear of jeopardizing the accused parent’s defense, the child’s sense of security or the marital relationship.

These tips are not intended to constitute legal advice. If you would like to discuss your matter further, please contact me at our office and schedule a consultation with Allison C. Williams, Esq.

Intoxication from Prescription Drugs is NOT automatically Child Neglect


On October 2, 2012, the Appellate Division published the case of DYFS (DCPP) v. S.N.W., providing trial Courts with guidance to determine allegations of neglect where a parent consumes prescription medication to the point of intoxication.

In S.N.W., the parents both ingested prescribed Xanax – allegedly more than the maximum dosage permitted per day – while caring for their children, and as a result of the ingestion, became shaky and unstable, coherent, but visibly intoxicated. During the initial trial, the only evidence of intoxication was the observations of the police officer and the DYFS (DCPP) worker. No medical evidence supported intoxicated; none was offered. Evidence tended to suggest that the mother had taken more medication than was prescribed.

The trial court made a finding of neglect, after which an appeal ensued. Ultimately, the case resulted in this published decision, where the Appellate Division gave us two valuable holdings for defense of parents in these cases. First, the Court held that trial Courts MUST focus on the conduct of the parent when evaluating neglect cases – the G.S. standard of “willful and wanton misconduct” that rises to the level of recklessness MUST be present to have “neglect” pursuant to N.J.S.A. 9:6-8.21(c).

Second, if the parent ingests medication as prescribed, the legal standard for neglect precludes a finding of neglect. However, if the medication dosage was exceeded, a neglect finding is NOT automatic. Rather, the Court must evaluate various factors, including but not limited to the amount ingested, the physical effect on the parent, whether excess dosage was accidental or deliberate, and the ability of the parent to exercise the minimum degree of care in that state. Again, the Court reiterated – and strengthened the ultimate conclusion – that knee-jerk assumptions of “drugs = neglect” are NOT acceptable under New Jersey law.

Divided Loyalties NOT Allowed by DYFS


In DYFS v. E.R., the Appellate Division upheld a finding of neglect against a parent who violated a DYFS case plan by repeatedly exposing her daughter to the mother’s boyfriend’s unwanted sexual advances. In so holding, the Court held:

Defendant’s misconduct lies in her steadfast loyalty to her paramour while ignoring her legal responsibility to protect her daughter from his unwelcome and inappropriate sexual advances.

In essence, the mother was found culpable for NOT believing her child’s allegations. But, would the result have been the same if the mother had failed to believe her daughter’s allegations against her husband, rather than her boyfriend? And what if the daughter had been prone to acting out whenever mom commenced a new relationship? Is this a case of DYFS imputing to the parent the knowledge of when abuse claims are substantiated and should be believed? And what of those cases where DYFS substantiates abuse, then later changes the finding? If DYFS can change its mind, why cannot the parent?

The answer lies in the intricacies of each case. By and large, DYFS and the Superior Court have little to no tolerance for parents who place their individual need for a partner above their child’s need to live in an environment free from physical and emotional harm. Parents, disbelieve at your own peril…

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 ruling was insufficient as a matter of law. Albeit in relatively innocuous prose, the Appellate panel appeared cognizant of the inclination of some lower Courts to adjudicate imperfect parenting as abuse and neglect. For instance, in this case, the mother and 2 kids were staying in a trailer/camper while visiting relatives in New Jersey. The trial Court found the camper “inadequate” – “a fact that would support the unlikely conclusion that every child on a camping trip with a parent or guardian is abused or neglected”.

This powerful dicta raises an important issue for consideration. How many times are parents found to have abused or neglected a child, when all the parent really did was live a less-than-perfect existence? How often do Courts truly require “willful and wanton misconduct” by a parent, with an attendant negative consequence for a child – either harm or substantial risk of harm – before the parent is branded with the lifetime label of abuser? Defense counsel must be mindful to reiterate these standards in EVERY case to ensure that “imperfection of parenting” does not transmute into the “imperviousness of labeling” parents.