Lawyer gets up early to get DYFS out of his life
All it takes is one person to call DYFS (also known as CPS) to turn their whole life upside down. Some people are more vulnerable than others, especially if they are working class or of 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 a lawyer. They think that everything will be gone 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 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 leave. If DYFS finds that you have a history of substance abuse, no matter how minor, it can force you to take a drug test. If they interview your children and say something out of context, they may be taken away or they may force you to receive more services. If you resist, they can take your children from you. If you confess to other wrongdoing, such as alcohol abuse, you may receive counseling. By the time people decide enough is enough, it may be too late.
Many people have called me in the early stages of participating in DYFS. When this happens, there is a lot that a knowledgeable 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. Often this 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 to go on forever.
In addition to collecting evidence to close a case, a DYFS attorney can take other steps that will help early. In these situations, sometimes less is more. Only a knowledgeable DYFS attorney will be able to analyze a situation to determine whether 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 must have a purpose. If a statement is made, the lawyer must be present to control the entire questioning.
While the goal is always to avoid court, sometimes forcing litigation is a good strategy, but again, the lawyer needs to really understand your case and the incredible stake that litigation entails. When the lawyer 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 the pleadings to the court, the attorney can now be better prepared to defend the case and possibly prevent DYFS from obtaining more damaging evidence against the client. The court also gives the attorney the opportunity to try the DYFS case early and close it quickly.
When a case is in court, the lawyer 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 lawyer must specify 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 misrepresented. The old saying, “give them an inch and they’ll take a mile” 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 to. As a lawyer, you have to play the cards 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. Since DYFS is known to constantly move the finish line further and further as the client gets closer to it, it is important to fix them on everything that needs to be done to close the case. Therefore, once the client completes these goals, the case should be closed absent extraordinary circumstances. Follow up is key to making sure there are no new allegations that they can use to push the finish line back.
When you don’t have a lawyer to help you deal with DYFS, you don’t have anyone to protect you. Because it does not 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.