D.Y.F.S v. I.S.

On April 23, 2012 the American Civil Liberties Union of New Jersey filed an amicus brief on the issue of whether or not a trial court has the right to enter an order that would continue the involvement of the Division of Youth and Family Services in the care, supervision, and custody of child once DYFS has found no evidence of abuse or neglect. The ACLU-NJ argued that if the court chose to say that DYFS can remain in a case once there has been no evidence of neglect than the ACLU-NJ believed that there should be “clear and convincing evidence” that there is the risk of potential harm to the child to warrant continued involvement. The Supreme court found that where abuse or neglect is not found the court cannot maintain jurisdiction. However if the children are in need of services than the court can intervene and place them in the custody of the Division of Youth and Family Services.

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