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Criminal History Checks for Resource Parents – N.J.S.A. 30:4C-26.8

Middlesex County DCP&P Defense Lawyers

DYFS Attorneys in New Brunswick, New Jersey

DCP&P False Allegations Child abuse neglect NJ

Criminal history checks for resource parents

If the Division of Child Protection and Permanency (“DCP&P”), formerly known as DYFS takes custody of your children, the Division most likely cannot place the children in a home if any adult in that home has a criminal history. In fact, New Jersey’s child abuse and neglect laws and child placement regulations are based on the federal law, specifically the Adoption and Safe Families Act of 1997 (“ASFA”). Pub. L. 105-89. However, only certain criminal convictions will result in permanent ineligibility to be a resource parent and if you’re facing a situation in which your children need to be placed in a resource home, but your relatives have a criminal history, you should consult with a DCP&P defense attorney at our law office who is knowledgeable of how a criminal history will impact one’s ability to be a resource parent.

Our Middlesex County DCP&P lawyers represent clients in Edison, New Brunswick, Piscataway, Old Bridge and Woodbridge and are available now to assist you at (908)-356-6900. The initial consultation is always provided free of charge.

Criminal History Checks for Resource Parents in New Jersey DCP&P Cases

According to N.J.S.A. 30:4C-26.8, there are “permanent ASFA disqualifiers” and “five-year ASFA disqualifiers” that prohibit a person from adopting a child or becoming a licensed resource parent. The statute sets forth that a person shall be permanently disqualified from being a resource family parent or shall not be eligible to adopt a child if that person or any adult residing in that person’s household was convicted of certain crimes. Those permanent ASFA disqualifiers are: a crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.A. 2C:24-4, or child abuse, neglect, or abandonment pursuant to N.J.S.A. 9:6-3; murder pursuant to N.J.S.A. 2C:11-3 or manslaughter pursuant to N.J.S.A. 2C:11-4; aggravated assault which could constitute a crime of the second or third degree pursuant to subsection b. of N.J.S.A. 2C:12-1; stalking pursuant to N.J.S.A. 2C:12-10; kidnapping and related offenses including criminal restraint, false imprisonment, interference with custody, criminal coercion, or enticing a child into a motor vehicle, structure or isolated area pursuant to N.J.S.A. 2C:13-1 through 2C:13-6; sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.A. 2C:14-2 through N.J.S.A. 2C:14-4; robbery which would constitute a crime of the first degree pursuant to N.J.S.A. 2C:15-1; burglary which would constitute a crime of the second degree pursuant to N.J.S.A. 2C:18-2; domestic violence pursuant to N.J.S.A. 2C:25-17 et seq.; endangering the welfare of an incompetent person pursuant to N.J.S.A. 2C:24-7 or endangering the welfare of an elderly or disabled person pursuant to N.J.S.A. 2C:24-8; terroristic threats pursuant to N.J.S.A. 2C:12-3; arson pursuant to N.J.S.A. 2C:17-1, or causing or risking widespread injury or damage which could constitute a crime of the second degree pursuant to N.J.S.A. 2C:17-2; or an attempt or conspiracy to commit any of the above offenses.

The statute further sets fort that a person shall be disqualified from being a resource family parent if that person or any adult residing in that person’s home was convicted of one of the following crimes and the date of release from confinement occurred during the preceding five years: simple assault pursuant to subsection a. of N.J.S.A. 2C:12-1; aggravated assault which would constitute a crime of the fourth degree pursuant to subsection b. of N.J.S.A. 2C:12-1; a drug-related crime pursuant to N.J.S.A. 2C:35-1 et seq.; robbery which would constitute a crime of the second degree pursuant to N.J.S.A. 2C:15-1; burglary which would constitute a crime of the third degree pursuant to N.J.S.A. 2C:18-2; or an attempt or conspiracy to commit any of the offenses listed above. In addition, the statute clarifies that the “date of release of confinement” means the date of termination of court ordered supervision through probation, parole, or residence in a correctional facility, whichever occurs last.

Middlesex County DYFS Defense Lawyers Available Now

If you are named as a defendant on a complaint for custody filed by the Division of Child Protection and Permanency and DCP&P has removed your children from your home, you should contact an experienced DYFS attorney at our firm to discuss your case. In addition, setting aside the aspects of your defense, you should contact a DCP&P lawyer to learn about the options you have regarding the placement of your children and who you can and cannot present as a potential caretaker for your children.

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