Removing a child from his or her home environment is a dramatic process that should be avoided when possible. However, in cases where there is abuse, neglect, or suspected abuse or neglect, it sometimes becomes necessary to do so.
The Department of Youth and Family Services (DYFS) in Toms River, New Jersey is a resource that you can turn to if you are dealing with this type of problem. Whether you are the alleged abuser or the person removing the child from the home, you may require the help of a seasoned attorney.
The Impending Danger Clause
In the state of New Jersey, there is something known as the “impending danger” criteria. It states that, if there is an impending danger to a child or a risk to their health in their home environment, the child can be legally removed from the home. A judge normally has to issue such order and it is only issued after careful consideration of the facts to ensure that the danger or risk to the child cannot be resolved in any other way.
With so many types of resources available today to help kids and families, it may not be necessary to remove the child in every instance. However, once all other methods have been exhausted, removal may be necessary to protect the well-being of the child. When it comes to these matters, the court will always rule (ideally) on the best situation for the child so that they are safe from potential danger.
Developing a plan
Child endangerment is a serious matter. It is essential to develop a plan to keep a child safe in the event of abuse or neglect. Plans can be developed by consulting with the Deputy Attorney General’s office or a casework supervisor. These plans can sometimes be an alternative plan for child protection that you can present to a judge. If you are the person accused of endangering the child, you can consult with a criminal defense attorney to develop a plan as an alternative to the court’s action.
Finding an Attorney
If you are accused of child endangerment, it is critical to find an attorney as soon as possible who can handle your case efficiently and in a way that will keep the child safe while protecting your rights to have contact with your child.
Additionally, you will want to secure help from someone who can handle criminal cases since these cases often involve criminal charges or allegations. This is a serious offense that can carry up to 10 years in prison. You may also lose the ability to seek new employment, get a loan, or do other things because you will appear in search results as a potential risk to children.
So finding an attorney in these situations threatens your reputation in your family and community life, as well as the potential to seek and maintain employment. There is just too much as stake to risk not having a professional attorney who can handle these situations.
How to Find a Good Defense Attorney in Toms River, New Jersey
If you are in Toms River, New Jersey and you need a good defense attorney for child removal cases, check out our attorneys at DTS Law Firm. David T. Schlendorft and Ioana Enescu are both certified, licensed attorneys with Juris Doctorate degrees who can help you with child removal cases.
Whether you are the one being accused of endangerment or the custodial parent fighting to keep your child safe, we can help.
Visit DTS Law Firm to learn more about our criminal defense experience or learn more about David T. Schlendorf, J.D. and Ioana Enescu, J.D. before you proceed.
Situations Where Removal of a Child May Be Needed
There are several situations where child removal may be justified. Below are some of the more common reasons:
- Questionable behavior from custodial parent
- Child suffers serious injury which is suspicious
- Family is undergoing financial or personal crisis which results in neglect or abuse
- Physical condition of home is hazardous or dangerous
These are just a few of the situations in which child removal may be justified. Consult with an attorney such as the attorneys at DTS Law Firm to find out what your options are. If you suspect abuse, you have a legal obligation to protect the child involved first and foremost. You can be held liable yourself for the abuse if you allow the situation to go on without taking action.
How Your Attorney Can Help
Your attorney can help protect you in a child endangerment case once they get the facts of what happened and understand what your situation is. But remember their first obligation is to protect the child. Lawyers, like others involved in child removal cases, are held responsible for the safety of the child.
However, if you have a reason for your removal request or you are innocent of a neglect or abuse allegation, we can help.
During the process of consultation, we can also help you develop a Safety Protection Plan for the child. The primary goal is to ensure the child’s safety without separating the child from his or her natural parents when possible.
In order to get the help you need, no matter which side of a child removal case you are on, you need to get the advice of a professional attorney. DTS Law Firm has been helping people in the Toms River, New Jersey area for a long time. Ioana and David have the skills and experience to help you with your case.
Visit us online to learn more about Ioana and David and view their profiles. Then contact us at DTSLawFirm.com to set up an appointment.
When it comes to cases involving the safety of children, time is of the essence. You should seek protection for a child immediately in such cases, even if you are not sure whether there was abuse or neglect or not.
Bookmark our site and give us a call today to get started getting the assistance you need.