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  • 1.  Appeal of Substantiated DYFS claim years later

    Posted 04-04-2017 12:40 PM
    I was contacted by someone who had a finding of "substantiated" by DYFS almost 10 years ago. She ignored it until recently when her job conducted a background check and terminated her. She would like to go back to court and fight the charge, but everything I'm finding states that the appeal must be made in a matter of days after the finding, and that the child abuse registry is permanent. 

    Does she have any options here? Is there any way to get this kind of thing expunged or have a name removed from the registry? Thanks.

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    Wesley Fenza, Esquire|FENZA LEGAL SERVICES

    970 Haddon Avenue, #13, Collingswood, NJ 08108

    Phone: 856-477-3756|Email: wfenza@fenzalawcom 


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  • 2.  RE: Appeal of Substantiated DYFS claim years later

    Posted 04-04-2017 02:10 PM
    A parent has 20 days to appeal a DCPP administrative finding of abuse or neglect and receive a hearing in the Office of Administrative Law.  I had a case where the client who did not even know he had been substantiated.  Apparently, he never received the letter.  I did an appeal to the App. Div. pursuant to R. 2:2-3(a)(2) (appeal as of right of final agency determination) and the court remanded it back to the OAL for a hearing (it is well settled law that the App. Div. needs a record on which to base such an appeal).  In your case, if the client actually was properly served with the substantiation letter and did nothing, it would be tougher.  It depends on what the facts are surrounding the sending and receiving of the letter.  If you want to talk, give me a call.

    Clara S. Licata

    ------------------------------
    Law Office of
    Clara S. Licata, Esq.
    700 Godwin Ave., Suite 210
    Midland Park, NJ 07432
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    Fax 201-612-1179
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  • 3.  RE: Appeal of Substantiated DYFS claim years later

    Posted 04-04-2017 09:12 PM
    I had essentially the same fact patter as Clara is describing. Client was unaware that a substantiation finding had been made and Appellate Division remanded - DCPP (then DYFS) found that it couldn't prove service on the guy and the App Div permitted an appeal to go forward ( https://scholar.google.com/scholar_case?case=169307741646116353 ). He then won the appeal, but it was a monster case.

    Clara is much better versed (I've tried 2-3 DCPP cases and done this one appeal, she and Allison Williams are my "go to" people on DYFS/DCPP cases.


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  • 4.  RE: Appeal of Substantiated DYFS claim years later

    Posted 04-04-2017 03:47 PM
    You should contact Allison Williams - she's an expert in this field.

    Roz


    ROSALYN METZGER LLC
    Attorney/Mediator, PA Private Practice  
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    www.mediate.com/rmetzger

    Of Counsel to the Rotolo Law Firm  
    908-534-7900  |  [email protected]


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