Fight DYFS : What are my parental rights in New Jersey

Morris County DCP&P Defense Lawyers

DCP&P Defense Attorneys with offices in Morristown, New Jersey

Morristown DCP&P Lawyers NJ


The DYFS defense lawyers at the Tormey Law Firm LLC know how important your family is to you. That’s why protecting your family and your parental rights is our number one goal. Brent DiMarco worked for two of the largest DCP&P defense firms in New Jersey before joining the law firm to run our DYFS defense practice.

In addition, Travis J. Tormey, our managing partner, has a perfect 10.0 rating on AVVO, an attorney rating service, and he has received the client’s choice award for four straight years. Let our experienced attorneys handle these allegations (whether it be a DYFS investigation or a criminal investigation or both). Contact our offices anytime for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.

What are my parental rights in New Jersey DCP&P (DYFS) cases?

In addition to the fundamental, constitutional rights of a parent to have a relationship with his or her child, New Jersey Statutes and Regulations provide additional parental rights when DCP&P becomes involved in your family and takes custody of your child. Specifically, before DCP&P takes custody of your child, the Division must make reasonable efforts to prevent placement of your child. In you are involved in DCP&P litigation and the Division has custody of your child, you should contact a Morristown NJ DCP&P defense lawyer to discuss not only your constitutional parental rights, but also the New Jersey State Statutes and Regulations that impact your access to your child and your ability to have your child return to your custody.

If the Division receives a referral alleging that you perpetrated child abuse or neglect, or that there are child welfare concerns regarding your child, the Division may be in a situation in which it must determine whether or not to remove your child from your custody. During the course of DCP&P’s investigation; however, the Division must make reasonable efforts to prevent placement of your child. In fact, according to New Jersey Statute, “the Division shall make reasonable efforts to preserve the family in order to prevent the need for removing the child from the home.” N.J.S.A. 30:4C-11.1. For example, the Division may be able to agree to a Safety Protection Plan with the alleged perpetrator of the child abuse or neglect to protect the child and prevent a removal of the child from the family home. However, reasonable efforts are “not required if removal of child was necessary due to imminent danger to the child’s life.” N.J.S.A. 9:6-8.31.

If the Division could not utilize reasonable efforts to prevent taking custody of your child and DCP&P removes your child from your custody, DCP&P is then required to make reasonable efforts to reunify your family. That is, the Division must assist the parents in remedying the circumstances and conditions that led to the placement of the child and in reinforcing the family structure including, but not limited to: consultations and cooperation with the parent in developing a plan for appropriate services; providing services that be been agreed upon, to the family, in order to further the goal of family reunification; informing the parent at appropriate intervals of the child’s progress, development and health; and facilitating appropriate visitation. N.J.S.A. 30:4C-15.1(c).

DCP&P, as part of the reasonable effort of consulting with the parent in developing a plan for appropriate services, will develop a case plan. According to New Jersey Statute, the Division shall prepare and revise, when necessary, in consultation with the child’s parents and, when appropriate, the child, a placement plan for each child placed outside the home. N.J.S.A. 30:4C-55. According to the statute, the placement plan shall include a statement of the goal for the permanent placement or return home of the child and anticipated date that the goal will be achieved, the intermediate objectives relating to the attainment of the goal, a statement of the duties an responsibilities of the Division, the parents and the child’s caretaker, and a statement of the services to be proved to the parent. Services to facilitate adoption may be provided concurrently with services to reunify the child with the parent, and a permanency plan for the child and the Division’s reasonable efforts to achieve that plan.

In addition to statutes, there are also regulations regarding the timing and content of DCP&P case plans. According to New Jersey Administrative Code, the Division shall make a case plan either within sixty days of a referral of child abuse or neglect or child welfare concerns or within thirty days of a child going into placement. N.J.A.C. 10:133D-1.4. The case plan is essentially, the who, what, when, why and how of the Division’s involvement with your family: it will outline why DCP&P became involved in the first place, where the children are residing, what the permanency goal is, and what services the parent needs to attend and what the parent ultimately needs to achieve in order to have the children returned home. N.J.A.C. 10:133D-1.7. Moreover, the Division is required to have face-to-face contact with the parent to develop, implement, and update a case plan. N.J.A.C. 10:122D-2.4.

Contact the Morris County DYFS Defense Lawyers at the Tormey Law Firm LLC Today

Our attorneys have literally been on the other side of these cases in the past. Now, let us use our experience and knowledge to protect your parental rights in DCP&P cases. Contact our Hackensack, Morristown, Newark, or Haddonfield offices today for a free initial consultation at 201-556-1571.


  • No promises, just a Pro!

  • Excellent Lawyer... Helped me in every step off my Case..

  • Great work

  • Best lawyer!!

  • FRO removal success!!

  • Easy to work with, straightforward

  • Kept my license

  • Father of client

  • Excellent Attorney , Charges Dismissed as promised

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges


  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

  • This field is for validation purposes and should be left unchanged.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map