How to Appeal Child Investigation Findings
When it comes to findings in New Jersey, which are the outcomes of child protection investigations, not all are valid. These findings give DYFS the needed information to protect a child, as well as help the court put the necessary protections in place. Although DYFS works hard to protect children and their best interests, everybody makes mistakes, and you may disagree with their findings. If you disagree with what DYFS has found, then you have the right to appeal the findings from a child protection investigation.
Before appealing, it would be beneficial to understand a few things:
- After DYFS makes their decision, you can only request an appeal of one kind of decision they made. Other findings can be appealed, but substantiated findings are appealed differently than findings that are not substantiated.
- Once you have received the written notice of Substantiated findings, you must write your request of an administrative appeal hearing within the next 20 days.
- If the findings are “Established” or “Not Established,” you have 45 days to file your Notice of Appeal with the Appellate Division.
- While the hearing will be held in front of an administrative law judge, you will have the opportunity to argue your case and prevent evidence that will support your argument.
If you succeed in your appeal, the changed decision will be recorded, and copies of this change will be given to all parties who are interested such as law enforcement or other parties to the case.
Not many parents realize that DYFS makes wrong and uninformed decisions from time to time. If you do not agree with the decisions made in your child protection investigation, our team of highly intelligent lawyers can help. Be sure to call our 24/7 toll-free hotline at 1-855-9JEFLAW (1-855-953-3529), and we’ll be happy to help.
Client was accused of having sex with his daughter hundreds of times. These cases are always tough as it is but this one was even tougher because of the incredible amount of allegations. Furthermore, the primary witness against the client was his own daughter. Cross examining a child witness takes great skill. Luckily, our team of tough, smart DYFS OAL lawyers know how to get the job done. We were able to get the judge to find that, as a result of our cross examination, the child was not credible with regard to her allegations. Thus, the Court found in our client’s favor.
If you are facing a DYFS / DCPP case in OAL Court, call the team of tough smart DYFS OAL appeal lawyers today to discuss your case.