Howes & Howes, Attorneys at Law

D.C.P.P.:  The Song Remains the Same

In 2012, the Division of Youth and Family Services, commonly known by its acronym “D.Y.F.S.”, changed its name to the Division of Child Protection and Permanency.  D.C.P.P., as it is now known, appears to be nothing more than the same organization with a new name.  The personnel, the tactics and the results are the same, especially where “low-risk families” are concerned.

D.C.P.P. is the new name for the Division of the New Jersey state government with one of the most troubled histories.  But what’s in a name.  When the state changed the name of the organization from D.Y.F.S. to D.C.C.P. about one year ago, there was talk that the mission would change, especially where low-risk families are concerned.  One year later, the Division doesn’t seem to have changed anything more than its name.

There are plenty of occasions in which a family needs assistance and/or supervision from D.C.P.P..  It would be hard to find someone to disagree with the proposition that parents who severely abuse children should have those children removed.  There are also some that should be supervised by D.C.P.P. while they partake of rehabilitative services and/or parenting education.  Those parents have something in common:  They abused or neglected their children.

But what of the “low-risk” families?

Low-risk families are those families who have not abused or neglected their children, but somehow come under the watchful eye of D.C.P.P..  Despite the fact that there has been no abuse and no neglect, D.C.P.P. will often seek to supervise these so-called low-risk families, and to compel parents to undertake services or parenting education regardless.

The law does not require a parent to undertake services through D.C.P.P. without a court order.  A court order requires at least an initial showing by D.C.P.P. of abuse or neglect.  Thus, if D.C.P.P. does not substantiate abuse or neglect, then D.C.P.P. cannot compel that parent to submit to supervision, education or rehabilitative services.  Despite the lip service paid to the new mission where low-risk families are concerned, the Division continues to supervise them and monitor them at taxpayer expense.  The name has changed, but the song remains the same.

Does DCPP Abuse the “Order to Show Cause for Investigation”?

In recent years, DCPP has used the “Order to Show Cause for Investigation” to obtain restraints on parenting time, and to obtain court ordered evaluations.  DCPP’s attorneys recently conceded to the Appellate Division that this practice is not supported by New Jersey law.  Only time will tell whether the Division will reform this practice.

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Appellate Division:  Parental Error is not the same as child neglect under New Jersey law

The law requires a fact-finding hearing in every child protective lawsuit.  The purpose of a fact-finding hearing is for the court to determine whether there was abuse or neglect of a child or children under New Jersey law.  At that posture, a parent accused of abuse or neglect is entitled to a full evidential hearing (a trial).  If the trial court finds against the parent, the parent then may appeal.  This past week a parent was vindicated in the Appellate Division case of DYFS vs. FM and LM.

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Changes in the Howes & Howes Practice in 2012

Howes & Howes is a small law firm located in the heart of New Jersey.  We are in the twentieth year of service to clients in New Jersey.  With two experienced lawyers and two top-notch legal assistants, we will continue to provide the same level of service to clients as we have for the past two decades, with some small changes due to the appointment of H&H partner Katherine Howes as Judge of the Bound Brook Municipal Court.

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Congratulations to Judge Howes

On January 1, 2011, Howes & Howes rang in the new year with a big accomplishment. Bound Brook Mayor Carey Pilato nominated H&H partner Katherine Howes to be the Judge of the Bound Brook Municipal Court.  The borough council unanimously confirmed her. This is a part-time job.  It will not cause any major changes in the practice or operation of Howes & Howes. We will still serve our clients here in New Jersey, just as we have since 1991.

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