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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A word of caution about using this handbook
This handbook does not give advice about a particular legal problem that you may have, and it is not a substitute for seeing a lawyer when you need one. By all means talk to a lawyer if you think you need the help.
The information in this handbook is accurate as of March 2009, but laws often change. Please check this handbook for updates, or talk to a lawyer for up-to-date legal advice.
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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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Getting legal help
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 and telephone numbers on the inside back cover of this handbook.
You can also contact Legal Services of New Jersey’s statewide, toll-free 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, the hotline will refer you to other possible resources.
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Acknowledgments
Mary M. McManus-Smith, LSNJ Senior Attorney, and Diana Dunker, Supervising Attorney at LSNJ, made revisions for this edition of the handbook, originally written by Nancy Goldhill, former 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; Donna Hildreth, LSNJ Director of Training and Professional Development; and members of the New Jersey Children in Court Improvement Committee. Susan Perger, Publications Director at LSNJ, handled the editing, design, layout, and production, and Tom Makin, Director of Development, helped with editing and proofreading.
Melville D. Miller, Jr. President
Legal Services of New Jersey
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