Another way to look at is would you want your lawyer to put in less than full effort because you are in fact guilty? It is crucial to keep in mind that every situation is unique. The converse is also true. If the person cannot be interviewed, DYFS will likely seek an order to investigate. The key to keeping a DYFS investigation out of court is to know what DYFS is required to do and what they aren't required to do in order to complete their investigation. Usually, the case can get shut down shortly after that.
When an individual has never had to deal with such a threat before, the threat can have the coercive effect of making an individual submit to any number of services, some of which may be completely unrelated to the allegation that led to the investigation in the first place. Second, to get DYFS to go away. It is quite natural to have doubts about the accuracy and objectivity of an evaluation done by practitioners who receive funding from DYFS. Most caseworkers make the threat of litigation very prominent in their investigations. The information contained in this article is for general information only and is not designed nor intended to be applied to any particular situation. If you are the most guilty person in the world and the State does not have enough evidence to prove it, you will likely win your case. We have been very successful in getting the abuse and neglect charges dismissed but even in that case, the Court can keep the case open for services under Title In sum, dealing with DYFS is difficult and tricky. Whenever I tell someone this, the response is often the same: Once a case goes to court it becomes much more complicated and, in turn, much more expensive. If the person cannot be interviewed, DYFS will likely seek an order to investigate. I am surprised at how many people, including DYFS workers and lawyers, have no idea what these requirements are. Usually, the case can get shut down shortly after that. The issue is evidence. Let your lawyer handle the case for what it is and trust that he or she will shut it down as soon as possible regardless of how guilty or innocent you may be. Just imagine how many more people are in the same situation but cannot be helped since DNA is not a factor in their case? A good attorney can negotiate the acceptance of a neutral third-party evaluation. For instance, DYFS may demand that someone complete a substance abuse evaluation. This can be avoided if you know a few key things. The best thing is to seek legal representation as soon as possible. Thus, guilt or innocence in and of itself is not the key issue in the case. For example, DYFS is required to interview the person alleged to have committed the act. The goal with any out of court DYFS investigation is two-fold. This information is not provided as legal advice and should not be taken as such. Each and every case is unique.
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***UPDATE*** Complaint filed with Manchester, NJ Police
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