The Division of Child Protection and Permanency (DCPP) and the courts must follow numerous requirements when they decide to remove a child from their home. Transparency and legal oversight are required. At certain points, the judge reviews the DCPP’s actions and recommendations and what the parents have to say before making a decision about what happens next with the child. The permanency hearing is a key milestone in this process.
The Court Must Hear and Decide the Case
Foster care is never intended to be the permanent solution for the child in New Jersey. It is only intended to be an interim measure while the authorities consider whether the parent is able to regain custody or whether the child should be placed elsewhere for the long run. The parents have due process and the right to have their story told in court. Before the court decides on anything final, there would be a permanency hearing in front of a judge, where everyone involved has the right to be heard.
There are numerous options that may be considered as part of the permanency plan, including:
- Reunifying the child with the parent(s).
- Placing the child with a relative.
- Permanent termination of parental rights.
- Putting the child up for adoption.
The court must hold a permanency hearing within 12 months after the child has been removed from the home. During that time, the parents hopefully took steps that would enable them to regain their children. Hopefully, the parents have followed the advice and recommendations of the DCPP to be able to show the court that they are capable of having their children returned to them.
By the time the court holds the permanency hearing, several other hearings have already taken place. These hearings involve determining facts and the next steps for the child. By the time of the permanency hearing, the judge has already been intimately involved in the case. Now, the judge would need to make a final decision based on what they know and what is presented to them at the permanency hearing.
What Happens at the Permanency Hearing?
The DCPP will present their own recommendations to the court at the permanency hearing, reviewing the case and all the relevant factors. They would present the permanency plan and review the steps that have been taken to achieve the goals in the plan. They would also explain the steps that they have taken to provide support to the parents to potentially help them achieve reunification.
The parent would also attend the permanency hearing, hopefully doing so with an experienced attorney by their side. Each side has the opportunity to advocate for its own position. The judge may ask questions to help them better understand the positions. Ultimately, the judge would be the one who makes the decision based on their understanding of the child’s best interests. It is by no means automatic that the judge would accept the recommendations of the DCPP, especially when you have hired an experienced attorney who is able to argue for your position.
Obviously, what happens at the permanency hearing will go a long way toward determining your future and that of your child. It is essential that you are represented by an attorney at the hearing so you are not facing the judge alone. DCPP has the resources to present its own position capably at a permanency hearing, so you need someone who can counter what DCPP is saying and speak up for you.
Contact the New Jersey DCPP Lawyers at the Law Offices of Theodore J. Baker
The New Jersey DCPP lawyers at the Law Offices of Theodore J. Baker can skillfully represent your interests as a parent during the legal process. Our lawyers can ensure that your side of the story is heard while we stand up for your parental rights. Call us today at 856-210-9776 or use our online contact form to speak with a lawyer. Our office is in Cherry Hill, New Jersey, and we help clients in South Jersey, including Haddonfield, Marlton, Medford, Moorestown, Mount Laurel, and Voorhees.
