Tag Archives: supervision

DCPP Court: Desperately Seeking Logic


In the world of child protection, judges are often inclined to “err on the side of caution” when faced with requests for parenting time. Almost universally, parents are required to be supervised when the litigation commences. As the case proceeds, that supervision is often lessened to the point of allowing unsupervised time leading into reunification.

But how often do we truly question the necessity for supervision, let alone the parameters of supervision of parenting time? Recently, I observed a court proceeding where a mother was declared not protective of her children because she had allowed her husband, the perpetrator of domestic violence, to return to the home and continue his abuse of her in the presence of the children. This was the classic “failure to protect” case. The domestic violence victim was allowed only supervised parenting time with the children; however, it was allowed to be liberal and reasonable supervised parenting time. Significantly, the judge was emphatic that the mother could spend as much time with the children in that supervised setting as she desired, so long as she did not spend the night.

Of course, this begs the question. What exactly would she “fail to protect” the children from while they are sleeping in their beds at night?! And if someone else is entrusted with the care of the children, isn’t it that person’s responsibility to protect the children?

Similar questions arise in cases where the allegation is excessive corporal punishment. And most times, the parent accused to be excessive in corporal punishment is required to be supervised. Do we ever stop and think that the best court order for such a parent would be to simply bar any corporal punishment pending an outcome of the case? And if supervision is required, could we not protect the children by simply having the supervisor sleep in the same room with the children so that the parent accused of excessive corporal punishment could not have access to them at night?

But let’s take it one step further. Has anyone ever stopped to question the “logic” of having a parent barred from the home at night time under the theory of requiring supervision, where the allegation is excessive corporal punishment? After all, does anyone really think that the accused parent is going to wake up the children in the middle of the night just for the fun of beating the children? Really?!

Must we assume that every parent accused of poor judgment in parenting requires line of site supervision at all times? It appears the general consensus is that we must in order to be most protective of the children. However, if we consider the overwhelming intrusion into family life and unfortunate impingement upon parental autonomy where supervision is routinely imposed, perhaps we will broaden our perspective on these cases and seek an appropriate compromise that will both ensure child protection and constitutional parental rights.

If you believe the judge in your case is being unduly restrictive as to your parenting time, feel free to contact us to schedule a consultation.

Happy Thanksgiving to the Families of New Jersey!


This time of year is fraught with sadness for so many people – particularly those children and families that are kept from their loved ones due to allegations of abuse or neglect. When abuse has been substantiated, families are kept apart to ensure safety of children. However, when abuse is only suspected, the separation of children from their families is all the more troubling and tragic.

The Division of Youth and Family Services (“DYFS”), n/k/a the Division of Child Protection and Permanency (“DCPP”) – like many other partiers involved in family court litigation – is usually taxed with requests for holiday parenting time at this time of the year. Last minute requests for increased parenting time, approval of additional supervisors, overnight access to allow all family members to attend gatherings out of state, present in droves.

To increase the likelihood that your family may enjoy time together at the holidays, during the pendency of a DYFS/DCPP matter, here are a few suggestions:

1. Aim to address holiday parenting time requests at least 4 to 6 weeks in advance of the holiday.

2. Identify as many family members and friends to the agency that may be evaluated and approved to supervise parenting time. A person who may be ineligible for placement (e.g., because of inadequate shelter) may be approved to serve as a supervisor at a holiday party.

3. Remember that not every parent requires supervision. The Division almost universally requests supervised parenting time for parents accused of any form of abuse or neglect. However, the agency and the court must identify a basis for supervision, and absent same, visitation is to be unsupervised.

If the allegation is medical neglect of a child, what risk can be identified from the alleged neglectful parent spending time in the presence of the child at a holiday event, when someone else in the family would be responsible for the child’s medical needs if any? Do not be afraid to make the argument.

4. Supervised overnight parenting time is not impossible to accomplish while ensuring safety for the child. If the accused parent has a substance abuse problem, how likely is it that the parent will abstain from substances while supervised until the child’s bedtime, but then, while the child is asleep, abuse substances and place the child at risk? Not very.

5. Expansion of parenting time at the holidays is very common. Seek the support of agencies that will supervise parenting time for a fee. These agencies may not be available on the holiday, but may be available a day or two afterward.

Celebration can occur at any time. Arrange supervised visits for the day before or after the holiday. Many agencies will supervise visitation off site, traveling with the parent to public places for parenting time.

These tips are not designed to constitute legal advice. For information about how you and your family can be together for holiday parenting time while your DYFS case is ongoing, please contact Allison C. Williams, Esq. and schedule a consultation.

DYFS/DCPP’s marriage to Supervised Visitation


Ever notice how every case filed by the Division of Youth and Family Services (DYFS), n/k/a the Division of Child Protection and Permanency (DCPP) kicks off with a Complaint and a request for supervised visitation? Does anyone ever question the need for supervision at the initial filing? Of course not, you may be thinking. After all, why would DYFS (DCPP) be involved with the family if there was no need to monitor the actions of the alleged child abusers, right?

Sadly, the allegations made in these cases often come partnered with the assumption that parental supervision is required. But is that always true? What about the case where a father is accused to acts of domestic violence against a mother in the presence of a child but never any infliction of harm against a child? Presumably if the “harm” to that child is witnessing domestic violence, how likely is that harm to reoccur if the parents are not together when in the presence of the child?

And what about cases in which a parent has a substance abuse problem, but the parent’s relatives all confirm that she has never used or abused substances in the presence of the children? Can that parent really not be trusted to have unsupervised dinner visits with the children, especially if she must blow into a breathing device installed on her vehicle to confirm she is “dry” before operating it?

How about the case where a step-parent is accused of being unduly harsh toward a step-child but no such allegation exists as to his natural children? Can he really not be trusted to be alone with his children against whom there is no allegation?

Unfortunately, the DYFS/DCPP “script” is to request supervision; however, the Division’s Field Operations Manual clearly provides that visitation is to be LEAST RESTRICTIVE option available to ensure child safety, and where supervision is requested, the rationale for the request must be set forth with specificity. DYFS rarely goes “off script”, and as a result, Superior Court judges rarely go “off script”.

But placing the impediment of plastic, short-term parental restriction upon a parent who is already being overwhelmed by the panoply of testimony, evaluations, monitoring and worse, usually does more harm than good in the “altruistic” world of social work. It creates barriers to collaboration between the State and the parent to remedy the harm alleged to impair parenting. And, isn’t that why the action is being filed in the first place?

As defense counsel, it is our job to argue against supervision. Never concede that supervised visitation is warranted on the facts presented. Be creative in fashioning the “least restrictive” alternative. Stop assuming that the Division will prevail in its quest for supervision, and perhaps, one day, it will not.