Think of a fact-finding hearing in a child welfare case as a trial. Majority of the time a fact-finding hearing is more like a mini-trial, lasting only an hour. Although, in highly contested cases a trial or hearing can last longer than a week. The purpose is for a Judge to decide whether a child was harmed or placed at risk for abuse or neglect. N.J.S.A. 9:6-8.44. The Division of Child Protection and Permanency (DCPP, formerly known as DYFS) must prove to the judge whether this occurred. DCPP is New Jersey’s child protection agency and is represented by the Office of the Attorney General. The Deputy Attorney General assigned to the case will rely on evidence and proofs leading up to why litigation was filed against the child’s caregivers, typically the parent(s). The Law Guardian and defense will be able to use evidence as well to either support the claim or oppose DCPP. Evidence may include:
Medical records
EMT records
Drug screens
Police reports; Police testimony
Expert reports and evaluations; Expert testimony
DCPP investigation reports
Photos (often times used in physical abuse cases)
Caseworker testimony
School records, including attendance records (often used in educational neglect cases)
Others may also be subpoenaed to testify, including parents, children, neighbors, and other family members
Will the case be dismissed before a fact-finding hearing?
Majority of the time cases are not dismissed prior to a fact-finding hearing. Though this does differ by county and by judge. It is rare for a case to be dismissed prior to a fact- finding hearing. However, there are times this could occur such as when a child is already reunified and the parents or caregivers from whom the child was removed have already remedied the situation for why DCPP and the Court became involved. Typically, the caregivers are also not being asked to complete any services such as substance abuse treatment or parenting classes.
Jill Roth-Gutman is a Child Welfare Law Specialist, certified by the National Association of Counsel for Children, a credentialing organization approved by the American Bar Association. She focuses on basic estate planning and niche family law, including acting as Guardian ad Litem in contested custody cases, and filing DCPP adoptions and uncontested special needs guardianships. She also provides consultations to family members and foster parents aka resource parents. Her estate planning services include writing Wills, Power of Attorney, and Living Wills.
Ms. Roth-Gutman serves as a Director on the New Jersey State Bar Association Solo and Small Firm Committee, is a proud member of the New Jersey State Bar Association Child Welfare Committee and Family Law Committee, and a member of the Burlington County Bar Association. She is the Board of the Camden County Workforce Development Board and is the Chair of the Youth Investment Council Committee.
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