All it takes is for one person to call DYFS (also known as CPS) to have their whole life turned upside down. Some people are more vulnerable than others, especially if they are working class or of a lower socioeconomic status, have a history of drugs or alcohol, or have a criminal record. Because DYFS involvement often does not begin with a court case, many people do not see the need to hire an attorney. They think that everything will disappear as soon as DYFS realizes that there is nothing there. Unfortunately for many, this is a bad move that could cost them.
What surprises many people is that DYFS is not limited to the original problem that brought them into your life. For example, if they got a call about child abuse and it turns out to be false, it doesn’t mean they’re just going to walk away. If DYFS finds that you have a history of substance abuse, no matter how minor, it may require you to submit to a drug test. If your children are interviewed and say something out of context, they can be taken away or forced to receive more services. If you resist, your children can be taken from you. If you confess to other wrongdoing, such as alcohol abuse, you may receive counselling. By the time people decide enough is enough, it may be too late.
Many people have called me in the early stages of involvement with DYFS. When this happens, there is much a skilled attorney can do. One of the most important tasks for a lawyer at this stage is to keep clients out of the “system.” In other words, limit the evidence that DYFS can gather against the client to close the case. This often involves getting private medical providers who are not connected with DYFS to review the issue at hand and write a report. Oddly enough, these reports often do not suggest continued treatment, while DYFS providers suggest long-term treatment that seems never ending.
In addition to gathering evidence to close a case, a DYFS attorney can take other steps that will help early. In these situations, sometimes less is more. Only an experienced DYFS attorney will be able to analyze a situation to determine if clients should speak up or remain silent. Taking a one size fits all approach never works. In some cases, making a statement could close a case. In other cases, silence is the best approach. Whatever the lawyer decides to do, it must have a purpose. If a statement is made, the attorney must be present to monitor all questioning.
While the goal is always to avoid court, sometimes forcing litigation is a good strategy, but again, the attorney must truly understand your case and the incredible stakes involved in litigation. When the attorney takes the case to court, he forces DYFS to put all its cards on the table. Without a court case, the attorney may not have access to any evidence. However, once in a nutshell, anything is possible. With DYFS providing all pleadings to the court, the attorney can now better prepare to defend the case and possibly prevent DYFS from obtaining more damaging evidence against the client. The court also gives the attorney a chance to try the DYFS case early and close it quickly.
When a case is in court, the attorney must constantly push the issue of due process. Discovery must be obtained as soon as possible and, if necessary, a trial must be requested to prove the strength of the case. More importantly, the attorney must spell out in court when and how the case will be closed and what is expected of the clients. Not being 100% specific could lead to disaster as words can be twisted. The old saying, “give them an inch and they’ll take a mile from you” has never been more appropriate.
Sometimes there is so much damage done that the attorney cannot make DYFS go away instantly no matter how much the clients want it. As a lawyer, you have to play the cards that you are dealt and sometimes they are bad cards. However, if the case is not yet in court, there are still plenty of opportunities to close the case and prevent the client from falling further into the system. In these situations, the attorney should contact DYFS as soon as possible and find out what needs to be done to close the case. Because DYFS is known to constantly move the finish line further and further as the client gets closer to it, it is important to set them on everything that needs to be done to close the case. Therefore, once the client completes these objectives, the case should be closed absent extraordinary circumstances. Follow-up is key to making sure there aren’t any new accusations that they can use to push back the finish line.
When you don’t have a lawyer to help you deal with DYFS, you have no one to protect you. Because it doesn’t cost much to help clients with DYFS out-of-court cases, there is rarely a reason not to hire an attorney. Very often, the sooner you hire a lawyer, the cheaper it will be. Just make sure you hire the right one so he or she can make the right decisions for your case. As this article has shown, there is no single approach to these cases.
