Legal Services of New Jersey (LSNJ) wrote this handbook to help parents when the Division of Youth and Family Services (DYFS) files a court case to place their children in foster care based on claims that the parents have abused or neglected their children. The printing of this handbook has been funded through a federal Court Improvement grant.
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How to use this handbook
Being involved in a child abuse or neglect case can be confusing and stressful. This handbook will help you understand what may happen. It will explain the court process, the choices you have, and what you can do to improve your chances of keeping your family together or getting your family back together.
Although everything in this handbook may not apply to your situation, reading the handbook will give you information that will help you deal with your situation.
Keep this handbook with you so you can keep track of important information about your case. On the inside front cover, you can write down the names and phone numbers of the people involved in your case. At the end of the handbook, you will find worksheets to write down the dates of your court hearings, appointments, and visits with your child.
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Please note—a word of caution
The laws mentioned in this handbook were correct at the time of printing, but laws frequently change, and some may be different by the time you read this. You should always check to be sure that any law or principle mentioned in this handbook is current before relying on it. This handbook gives general information about the law. It does not provide specific advice about a particular legal problem that you may have, and it is not a substitute for seeing a lawyer at times when you need one.
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If DYFS has filed a court case against you and your income is low, you may be eligible to have a lawyer appointed to represent you through the Office of Parental Representation (OPR), which is part of the New Jersey Public Defender system. You may also apply to Legal Services of New Jersey’s Family Representation Project for assistance. This is explained later in this handbook.
You may want legal advice about dealing with DYFS even if there is no court case against you. If you need the advice of a lawyer but cannot afford one, you may be eligible for Legal Services. Contact the regional Legal Services program that serves your county. You can find a list of programs, addresses, and telephone numbers on the inside back cover of this handbook.
You can also contact the toll-free statewide legal hotline, LSNJ-LAW™, at 1-888-LSNJ-LAW (1-888-576-5529). The hotline provides information, advice, and referrals in civil legal matters to eligible low-income residents of New Jersey. This service is provided at no charge to callers who are financially eligible.
If you do not qualify for Legal Services, contact your local lawyer referral service. You can get the telephone number for the lawyer referral service in your area by contacting your county bar association.
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This handbook was written by Nancy Goldhill, Vice President and Assistant General Counsel at LSNJ, and Bebe Shear, LSNJ Senior Attorney, with assistance from their colleagues, including Patricia Myers, LSNJ Supervising Social Worker, and Donna Hildreth, LSNJ Director of Training and Professional Development, and members of the New Jersey Children in Court Improvement Committee. Susan Perger, Director of Technology and Publications at LSNJ, handled the editing, design, layout, and production. Thanks to Tom Makin, Director of Development, and Editorial Assistant Charlotte Adams of LSNJ for their help with editing and proofreading.
Melville D. Miller, Jr. President
Legal Services of New Jersey
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