DYFS Defense Lawyers in NJ
With offices in Hackensack, New Jersey
Title 30 proceedings are generally identical to Title 9 abuse and neglect hearings, except that DCP&P has not alleged that you abused or neglected your child. During Title 30 hearings, the Division is represented by a Deputy Attorney General and your child is represented by a Law Guardian who is appointed by the Office of the Public Defender. In addition, if you cannot afford an attorney, the Public Defender, Office of Parental Representation, will appoint an attorney for you. If you do not qualify for a public defender, you should contact an experienced DCP&P lawyer because although a record of Title 30 litigation will not be maintained in the Child Abuse Registry, there is still a lot at stake: if you do not resolve the issues that caused the Division to seek custody of your child pursuant to Title 30, the Division may ultimately petition the Court to terminate your parental rights.
The DCP&P 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. He will now 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 Bergen County NJ including in Garfield, Teaneck, East Rutherford, Montvale, Lodi, and Lyndhurst.
What is a Summary Hearing in a Title 30 Proceeding?
Regardless of the basis of Title 30 custody and/or care and supervision, a Court order granting DCP&P Title 30 jurisdiction over a child expires in six months unless the Division applies with the Court to renew jurisdiction under N.J.S.A. 30:4C-12. The Division must place the child’s parent on notice of the application to continue Title 30 Jurisdiction and then the court will conduct a summary hearing to determine whether or not the child’s best interests required continued custody and/or care and supervision with the Division.
During the Title 30 summary hearing, DCP&P will present the factual basis, usually in the form of testimony from the family’s caseworker, as to why Title 30 Jurisdiction is appropriate and then the Court must find that there is a preponderance of competent and credible evidence to continue Title 30 jurisdiction. N.J. Div. of Youth and Family Servs. v. T.S., 426 N.J. Super. 54 (App. Div. 2012). You have the right to be present during a Title 30 Summary hearing and you have the right to challenge the Division’s request for Title 30 jurisdiction. In other words, an extension of Title 30 jurisdiction is not automatic but rather, DCP&P must establish grounds for an extension of its authority and you have a right to challenged DCP&P’s request.
In addition, the Appellate Division and Supreme Court further cautioned that Court ordered services under Title 30 jurisdiction should be specifically related to the need for intervention in each unique familial circumstance instead of programs and testing that are routinely ordered because such services may limit your ability to focus on meeting your child’s needs. Dep’t of Children and Families v. I.S., 214 N.J. 8 (2013). Thus, if you are involved in Title 30 DCP&P litigation, you should consult with a DCP&P attorney to discuss your rights.
Bergen County NJ DCP&P Lawyers in Hackensack, New Jersey
If the Division of Child Protection and Permanency files a Title 30 complaint against you and the Court has scheduled a Title 30 summary hearing, you should consider consulting with an experienced DCP&P defense attorney to discuss your case, protect your rights and limit the Division’s intrusion into your family’s life. Contact our offices immediately at 201-556-1570.