NJSBA Family Law Section

 View Only
  • 1.  Need Rebuttal Psych Expert in DCPP Case

    Posted 06-29-2016 10:31 AM

    I have a DCPP case in Morris County that involves an 8 year old child who was removed from the custodial biological mother 2 years ago and is currently in DCPP's custody. The child has had 6 different placements but has been in her current resource home for the past 11 months. DCPP had previously initiated termination proceedings (which remains pending) with plans for resource parents to adopt the child.

    My client has just been identified as the child's biological father, which was confirmed by paternity test results in March 2016. Mother had previously identified someone else as the father which turned out false. My client is seeking immediate contact with the child and desires to form a relationship with and ultimately obtain custody of the child.  My client is currently unknown to the child and we just had our 1st status conference with the Court where my client was involved earlier in June.

    DCPP is resisting permitting my client to have contact with the child and appears to want to continue forward with the adoption.  DCPP's expert, Dr. Nadelman, conducted a psych evaluation of my client to assess his psychological capacity to meet the child's needs and provide safe/appropriate parental care for child.  DCPP's expert appears to be heavily biased against my client and in favor of proceeding with adoption of child by resource parents.

    QUESTIONS

    1. I would like recommendations for a psychologist with experience in DCPP matters to perform a rebuttal psych evaluation of my client.

    2.  I would request any input as to DCPP's obligation to provide services to biological father who has been identified after child has been removed from custodial biological mother and place in DCPP's custody?

    I have substantial experience handling family law matters, but my experience in DCPP matters is very limited.  Thank you all for any help you can offer.

    ------------------------------
    Blake W. Rush, Esq.
    Law Office of Blake W. Rush
    14 E. Main Street
    Clinton, NJ 08809
    (908) 713-9800 (PHONE)
    (908 713-9803 (FAX)
    ------------------------------


  • 2.  RE: Need Rebuttal Psych Expert in DCPP Case

    Posted 06-29-2016 10:56 AM
    I don't know Morris County but I do know child protection law in NJ as that is what I do every day in Gloucester & Comden counties.  There is a ton of case law to support your client.  You know that the Division CANNOT go forward with adoption until the Division prevails in a Termination of Parental Rights trial.  To win that, they must win on 4 prongs, see :N.J.S.A. 30:4C-15.1a.

    (a)   The Division shall initiate a petition to terminate parental rights on the grounds of the "best interests of the child" pursuant to subsection (c) of section 15 of P.L.1951, c. 138 (C.30:4C-15) if the following standards are met:
     
       (1) The child's health and development have been or will continue to be           endangered by the parental  relationship;
     
    (2)    The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm.  Such harm may include evidence that separating the child from his foster parents would cause serious and enduring emotional or psychological harm to the child;
     
    (3)    The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child's placement outside the home, and the Court has considered alternatives to termination of parental rights; and
     
    (4)    Termination of parental rights will not do more harm than good.

            [N.J.S.A. 30:4C-15.1a.]

    You could file a motion right now under the FG docket where the TPR case should be, and demand that therapeutic visitation start right now and progress to liberal  unsupervised visitation as soon as the therapist recommends it. 

    You'll need a psychologist to evaluate your client and also do a bonding and testify at the trial, but I wouldn't do the bonding until 6-8 weeks before trial to be sure enough time has passed for there to be a bond.

    Fee free to call me.
     

    Carol A. Weil, RN, JD
    Attorney at Law
    1405 Chews Landing Rd., Ste. 8
    Laurel Springs, NJ 08021
    (856) 352-0050
    Fax: (856) 352-0276





  • 3.  RE: Need Rebuttal Psych Expert in DCPP Case

    Posted 06-29-2016 11:12 AM
    I believe Michael Fiore PhD in Morristown is in private practice but has some experience with DCCP matters.

    Sent from my iPad




  • 4.  RE: Need Rebuttal Psych Expert in DCPP Case

    Posted 06-30-2016 10:12 AM

    Thank you to everyone who replied or contacted me on and off the list.  It is greatly appreciated.

    I intend on filing a motion to request some immediate relief.  Does the form of motion follow the same format as other Family Part Motions as set forth in Rule 5:5-4 (including the Advance Notice language) Are FG motions heard on a typical family part motion date (i.e. Fridays) or do they have separate return dates?

    Could anyone send me sample form of Motion for an FG or FN matter?

    Thanks,

    ------------------------------
    Blake W. Rush, Esq.
    Law Office of Blake W. Rush
    14 E. Main Street
    Clinton, NJ 08809
    (908) 713-9800 (PHONE)
    (908 713-9803 (FAX)



  • 5.  RE: Need Rebuttal Psych Expert in DCPP Case

    Posted 06-30-2016 10:27 AM
      |   view attached
    When you file you ask for the return date to be the same date as the next scheduled FG or FN date for the case.  If you want it sooner, best find out what dates are available; it doesn't go by pre-set Family Part motion days, but by the CIC schedule of that judge.  Contact the judge's Law Clerk to let him/her know what you want and what you are doing, and if you know the CIC staff, talk to them too. They can be your best allies or worst enemies.  Send a copy of everything directly to the judge, too, with a cover letter.  I've attached one I did a couple of months ago which I won; names are not redacted so please handle carefully.  Good luck.


    Carol A. Weil, RN, JD
    Attorney at Law
    1405 Chews Landing Rd., Ste. 8
    Laurel Springs, NJ 08021
    (856) 352-0050
    Fax: (856) 352-0276



    Attachment(s)