Provisional Licensing in DYFS Cases

DCP&P Defense Lawyers in Hackensack, New Jersey

Provisional License DCP&P NJ

When the Division of Child Protection and Permanency takes custody of a child, many important decisions need to be made very quickly. One of the most important decisions is where to place the child. Pursuant to the regulations authorized by the Resource Family Parent Licensing Act, a person shall not provide resource family care to a child in placement unless the Office of Licensing issues a license to that person. N.J.A.C. 10:122C-1.1. Oftentimes, however, when children are removed from their parents there is a relative who is ready, willing and able to take care of the children while the parents work with DCP&P to remedy the issues that caused the children to be taken into custody in the first place. But in most cases, the relative has not yet been licensed by DCP&P as a resource parent. Fortunately, there is one exception to the licensing requirement that permits appropriate people to care for children under what is known as provisional licensing or presumptive eligibility. If your children have been removed from your care, you should contact the DYFS defense attorneys at the Tormey Law Firm to discuss who may or may not be potential caretakers of your children. Our Bergen County NJ DYFS lawyers handle cases throughout the State including in East Rutherford, Lodi, Lyndhurst, Garfield, and Teaneck. Contact our attorneys now for immediate assistance at (908)-356-6900. The initial consultation is always provided at no cost to you.

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Provisional Licensing in NJ: N.J.S.A. 30:4C-26.9

Pursuant to the provisional licensing statute, the “Department of Children and Families may grant approval to a prospective resource family parent for a period not to exceed six months, upon completion of the State portion of the criminal history record investigation required pursuant to N.J.S.A. 30:4C-26.8, pending completion and review of the federal portion of the criminal history record investigation required pursuant to that act, if: 1) the State portion of the criminal history record investigation indicates no information which would disqualify the person, 2) the prospective family parent and any adult residing in the prospective resource family parent’s home submit a sworn statement to the Department of Children and Families attesting that the person does not have a record of criminal history which would disqualify the person, and 3) there is substantial compliance with department standards for resource family homes indicating there is no risk to a child’s health or safety.” In other words, if there is a relative or family friend that is not currently licensed but is most likely eligible to be licensed after completing the application process, then DCP&P may place children with that relative or family friend.

Contact Local Hackensack DYFS Attorneys Near Me

If DCP&P is involved with your family and your children have been removed from your custody or if the Division is investigating an allegation of abuse or neglect and may be taking custody of your children in the near future, it is imperative that you contact an experienced DCP&P attorney because the Division moves quickly when it comes to removing a child and placing that child into a resource home. The bottom line is that having a safe and appropriate plan and being prepared is very important and it may be the difference between having your child end up in a stranger’s home versus with a relative. The DYFS lawyers at the Tormey Law Firm are knowledgeable in the complex aspects of New Jersey’s child abuse and neglect laws, the parameters of licensing resource parents, and the requirements of provisional licensing. Regardless of your situation with DCP&P, the DCP&P attorneys at the Tormey Law Firm are ready to help at (908)-356-6900.