QUESTION

if dyfus starts an investigation on a mother should she have a lawyer present before answering any questions

Asked on Apr 13th, 2017 on Family Law - New Jersey
More details to this question:
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1 ANSWER

Anthony Van Zwaren
This is a difficult question because if the Division of Child Protection and Permanency (formerly known as DYFS) opens an investigation and a parent refuses to answer questions withoiut an attorney, the Division will likely go to court immediately to seek court orders. Sometimes one needs to cooperate in an investigation but have a sense as to whether the Division is asking for things that might be potentially harmful to your rights. As an example, if there are no allegations of drug use, then it would be overstepping for the Division to ask for a substance abuse test unless that is a component of their investigation. On the other hand, if you had a history of drug use, then it would likely be court-ordered if you refused to take a test. DCPP can also interview children in private. If the DCPP starts asking questions that make you feel uncomfortable, then by all means contact an attorney. DCPP cannot compel you to cooperate, but they can go to court to get a judge to order cooperation.
Answered on Apr 21st, 2017 at 1:35 PM

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