All it takes is one person to call DYFS (also known as CPS) on you for the rest of your life to turn it upside down. Some people are more at risk than others, especially if they are of a working class or lower socioeconomic status, have a history of drugs or alcohol, or have had some criminal cases in the past. Because DYFS’s involvement often does not begin with a lawsuit, many people don’t see the need to hire an attorney. They think it will go away once DYFS realizes there is none. Unfortunately for many, this is a bad move that could cost them.
What surprises many people is that DYFS is not limited to the original problem that brought them into your life. For example, if they get a call about child abuse and it turns out to be wrong, that doesn’t mean they’re going to leave. If DYFS discovers that you have a history of drug abuse, no matter how minor, they can compel you to take a drug test. If they interview your children and say something out of context, they could be taken away from you or you might be forced into more favours. If you resist, your children may be taken away. If you admit to other wrongdoings such as alcohol abuse, you can find yourself in a counseling situation. By the time people decide that is enough, it may be too late.
Several people contacted me in the very early stages of DYFS involvement. When this happens, there is a lot a skilled lawyer can do. One of the most important tasks of the lawyer at this stage is to keep clients away from the “system”. In other words, limit the evidence that DYFS can gather against the client to close the case. This often includes getting private medical providers not associated with DYFS to review the issue in question and write a report. Surprisingly, these reports often do not indicate continuation of treatment while DYFS providers suggest prolonged treatment that never seems to end.
Besides gathering evidence to close the case, DYFS attorneys can take other steps that will help early on. In these cases, sometimes a little is more. Only a skilled DYFS attorney will be able to consider the situation to determine whether clients should speak up or remain silent. A one-size-fits-all approach never works. In some cases, making a statement may close the case. In other cases, silence is the best approach. Whatever the attorney decides to do, it must have a purpose. If a statement is made, an attorney must be present to control all interrogations.
While avoiding the court is always the goal, sometimes forcing litigation is a good strategy, but then again, a lawyer has to really understand his or her case and the incredible adventure involved in litigation. When the attorney pushes the case to court, he forces DYFS to put all of their cards on the table. Without a lawsuit, the attorney may not have access to any evidence otherwise. However, once in court, anything is possible. With DYFS bringing all allegations to court, attorneys can now better prepare to defend the case and possibly prevent DYFS from obtaining more harmful evidence against the client. The court also gives the attorney the opportunity to test the DYFS case early and close it quickly.
When the case is in court, the attorney must constantly push the question of due process. The discovery should be obtained as quickly as possible and, if necessary, a trial should be ordered to test the strength of the case. Most importantly, the attorney must file a lawsuit with the court regarding when and how to close the case and what is expected of clients. Failing to be 100% specific could result in a disaster as words can go awry. The old saying, “Give them an inch and they’ll take a mile” has never been more appropriate.
Sometimes there’s so much damage that an attorney can’t immediately fire DYFS no matter how much clients want. As a lawyer, you have to play the cards that are dealt to you, sometimes bad cards. However, if the case is not yet in court, there are still plenty of opportunities to close the case and prevent the client from getting too deep into the system. In these cases, the attorney should contact DYFS as soon as possible and find out what needs to be done to close the case. Since DYFS has been known to constantly move the finish line further and further as the customer approaches it, it is important to hold them in on whatever needs to be done to seal the enclosure. Thus, once the client has completed these objectives, the case should be closed in the absence of some exceptional circumstances. Follow-up is key to making sure there are no new allegations they can use to move the finish line away.
When you do not have a lawyer to help you deal with DYFS, you will have no one to protect you. Since helping clients with DYFS cases out of court doesn’t cost much, there is rarely a reason not to hire an attorney. Oftentimes, the earlier you hire a lawyer, the cheaper it is. Just make sure you hire the right person so they can take the right steps for your case. As explained in this article, there is no one-size-fits-all approach for these situations.