QUESTION

How do I file a motion to the court to lift supervision and care from DCPP and a DCPP charge of Abuse/Neglect

Asked on Jul 20th, 2017 on Family Law - New Jersey
More details to this question:
I violated no rights and DCPP removed my daughter from my home and has now placed a court order on me for care and supervision with restraints.
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1 ANSWER

Anthony Van Zwaren
There are a few hearings that you will be facing. You hopefully already have an attorney representing you, and if not, you should get private counsel or have someone from the Office of Parental Representation represent you. You state that DCPP removed your daughter but then you say that they are seeking care and supervision. If you do not have custody now, you should have a case for care, custody and supervision. There would have to be a fact-finding hearing to demonstrate by evidence and testimony whether or not an act of neglect or abuse occurred. If not, then the case should be dismissed, or the child returned and you may then have care and custody with supervision. Outside of a plenary hearing with witnesses, I don't see any success in filing a motion unless the case against you have been very weak and the case can be made on the law alone without any factual case.
Answered on Jul 24th, 2017 at 12:36 PM

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