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Lawyer Up Early to Get DYFS Out of Your Life

All it takes is for someone to call DYFS (aka CPS) on you for the rest of your life to be reversed. Some people are more vulnerable than others, especially if they are working class or from a low socio-economic status, have a history of drugs or alcohol or have some past criminal issues. Because DYFS involvement usually does not start with a court case, many people do not see the need to hire an attorney. They believe it will all be lost when DYFS realizes it’s gone. 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 issue that brought them into your life. For example, if they get a call about child abuse and it turns out to be a lie, it doesn’t mean they’ll just leave. If DYFS finds out that you have a substance abuse history, no matter how minor, they can force you to undergo drug testing. If they interview your children and they say something out of context, they may be taken from you or you may be forced into more services. If you resist, your children may be taken away. If you confess to other wrongdoings such as alcohol abuse, you may find yourself in counseling. By the time people decide enough is enough, it may be too late.

Many people called me early in my involvement with DYFS. When this happens, a skilled attorney can do a lot. One of the most important tasks for a lawyer at this stage is to prevent clients from “the system”. In other words, limit the evidence that DYFS can gather against the client to close the case. Typically, this involves hiring private medical providers not connected to DYFS to review the issue in question and write a report. Ironically, these reports often do not suggest continuing treatment while DYFS providers suggest long-term treatment that seems never-ending.

In addition to gathering evidence to close a case, a DYFS attorney can take other steps that can help early. In these situations, sometimes less is more. Only a skilled DYFS attorney can look at a situation to determine whether clients should speak up or remain silent. Taking a one size fits all approach will never work. In some cases, making a statement can close a case. In other cases, silence is the best way. Whatever the lawyer decides to do, it must have a purpose. When a statement is made, the lawyer must be present to control all questioning.

While avoiding court is always the goal, sometimes forcing litigation is a good strategy but again, the lawyer must understand his case and the unique stakes involved in litigation. When the lawyer forced the case to court, it forced DYFS to put all their cards on the table. Without a court case, the lawyer may not have access to any evidence. But, when in court, anything is possible. By providing DYFS with all allegations to the court, the lawyer can better prepare to defend the case and possibly prevent DYFS from obtaining more damaging evidence against the client. The court also gave the lawyer the opportunity to investigate the DYFS case early and quickly closed it.

When a case is in court, the lawyer should always push the issue through due process. Discovery should be obtained as soon as possible and if necessary, a trial should be requested to test the strength of the case. Above all, the lawyer must nail down to the court when and how the case will be closed and what the clients expect. Failure to be 100% specific can lead to disaster as wording can be reversed. The old saying, “give them an inch and they’ll take a mile” has never been more accurate.

Sometimes there is so much damage done that the lawyer cannot get DYFS out of the way quickly no matter what the clients want. As a lawyer, you have to play the cards you’re dealt, and sometimes, they’re bad cards. However, if the case is not in court, there is a great chance to close the case and prevent the client from falling deeper into the system. In these situations, the attorney should contact DYFS as soon as possible and find out what needs to be done to close the case. Since DYFS is known to often move further and further away from the finish line as the client gets closer to it, it is important to nail them with everything that needs to be done to close the case. Therefore, once the client completes these goals, the case must be closed without some exceptional circumstances. Follow up is key to ensure there are no new allegations they can use to move the finish line too far.

If you don’t have an attorney to help you deal with DYFS, you have no one to protect you. Because the cost of assisting clients in DYFS cases outside of court is not high, it is rare not to hire a lawyer. Usually, the earlier you hire a lawyer, the cheaper it will be. Just make sure you hire the right one so he can take the right steps for your case. As this article shows, there is no one size fits all approach in these cases.

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