Passaic County NJ DCPP Defense Lawyers
DYFS Defense in Paterson, New Jersey
There are five possible plans that the Division of Child Protection and Permanency may present during a permanency hearing: reunification with one or both of the biological parents, independent living, other long term specialized care, kinship legal guardianship, or termination of parental rights.
The DCPP defense lawyers at the Tormey Law Firm LLC are ready and able to protect your rights, your future, your family, and your reputation if there has been a child abuse or neglect allegation. Our managing partner, Mr. Travis J. Tormey, is a top rated “10.0” perfect rating on AVVO.com, an attorney rating service. He has also received the clients choice awards in 2013, 2014, 2015, and 2016. In addition, one of our attorneys, Thomas Ercolano, is a former Deputy Attorney General who prosecuted child abuse cases for the State. He will not put that experience and expertise to work for you, drafting a comprehensive defense strategy to combat these vicious allegations. Contact our offices anytime for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge. We represent clients throughout Passaic County NJ dealing with DCP&P including in Paterson, Wayne, Clifton, Totowa, Little Falls, and North Haledon.
The 5 “Permanency Plans” in NJ DCPP Cases
There are five possible plans that the Division of Child Protection and Permanency may present during a permanency hearing: reunification with one or both of the biological parents, independent living, other long term specialized care, kinship legal guardianship, or termination of parental rights. When the Division removes a child from a parent’s custody, the plan is technically reunification until the plan is officially changed. Each plan is drastically different and you should consult with a knowledgeable DCP&P defense attorney if you are scheduled to attend a permanency hearing regarding your child.
Reunification with one or both of the biological parents envisions returning your child to your care within a set time frame. Essentially, the Division will present the plan of reunification when you have remediated or are in the substantially into the process of addressing the issues that led to removal of your child in the first place. For example, if the Division took custody of your child because of alcohol or drug use and you have been consistently attending alcohol or drug treatment and abstaining from use, you are addressing the issue that caused DCP&P to remove your child and the Division may present the plan of reunification. In circumstances wherein DCP&P does not support immediate reunification but the parent is making significant progress, DCP&P may request an extension before recommending actual reunification.
In cases where reunification is not safe now or in the foreseeable future, the Division may present the plan of Kinship Legal Guardianship (“KLG”) or termination of parental rights (“TPR”), either of which will be with a licensed resource parent. Kinship Legal Guardianship is available when a family member or family friend is caring for the child but is not willing to adopt. For example, if the Division removes your child and places the child with grandma and grandma is not willing to adopt, the Division may present the permanency plan of KLG with grandma. However, if grandma is willing to adopt, then the Division may present the plan of termination of parental rights. The Division may also present the plan of TPR if reunification is unsafe and the child is residing in a non-related home that is willing to adopt the child. Even if the child is living in a non-related home that is not willing to adopt, but adoption may be viable with a not-yet-identified caretaker, the Division may present the plan of TPR due to the availability of Select Home Adoption.
Unfortunately, there are other types of cases wherein there is no adult who is committed to providing long-term care for the child, or the child does not want to adopted, or the child is unable to make decisions regarding their long-term care. In cases where reunification would be unsafe and the child is over sixteen years old, the Division is permitted to present the plan of Independent Living. Independent Living permits the Division to continue maintaining custody of the child, but the child receives services to prepare and assist the child with living independently as they transition into adulthood. In cases where reunification is unsafe but the child would not be able to live independently, regardless of the child’s age, due to severe developmental or cognitive disability, the Division may present the permanency plan of Other Long Term Specialized Care. Essentially, Other Long Term Specialized Care is appropriate when not only the parent is unable to care for the child, but also there is no committed long-term caretaker for the child and the child will require ongoing medical care or supervision. For example, if the child lives in a residential facility and will need to remain there indefinitely, the Division may present the plan of Other Long Term Specialized Care.
Paterson NJ DYFS Defense Lawyers Available Now
Each permanency plan is different and can only be approved if certain legal requirements are met. If DCP&P took custody of your child and you are scheduled to attend a permanency hearing, you should contact an experienced DCP&P defense lawyer who is familiar with all of the possible permanency plans to discuss the different potential plans and how they will effect you and your child. Contact our offices anytime at 201-556-1570 for immediate assistance.