DYFS Cases

Division of Youth and Family Services (DYFS) is required by law to investigate all allegations of possible child abuse/neglect reported to the agency. People who make child abuse/neglect referrals may remain anonymous. Often DYFS workers will not call, but will simply come to your home. If you do not cooperate with the DYFS investigation, the agency may seek a Court Order (“Order to Investigate”) compelling your cooperation. DYFS is required to notify you of the “findings” or conclusion of their investigation. The most common findings are that the alleged child abuse/neglect was “substantiated,” “unsubstantiated” or “unfounded.” If the allegations of abuse are serious, DYFS has the authority to remove your child from your custody without a court order. If your children are removed without a court order, your matter will receive a preliminary hearing before a Superior Court Judge within the next few days.

If you oppose the removal, the Deputy Attorney General, representing on behalf of DYFS, will file a lawsuit against you.

If your child is not removed from your custody, DYFS may make findings that you committed an act of child abuse/neglect will affect your ability to adopt children and work in certain professions. If you wish to appeal those findings, you must timely file the proper paperwork with the New Jersey Office of Administrative Law, which will conduct a trial.

If you are not financially able to afford a lawyer, and you meet certain financial and income criteria, the court will appoint a Public Defender in your matter.