By: Albertina Webb, Esq.
As reported today, a Family Part judge may order continued state custody of a child even without a finding of parental abuse or neglect. This precedential decision was reported by the Appellate Division that permits continued court assistance under Title 9, or a determination based on a best-interests analysis under Title 30, warranting continuation of state custody of the child/children. The court held that determination is enough to continue custody by the Division of Youth and Family Services, the Appellate Division ruled in DYFS v. I.S., A-5793-09.
This ruling ends a mother’s attack on a trial judge’s order that permitted DYFS to retain custody of her twin daughters which it held for two years and forced her to go through proceedings that resulted in her losing custody of one of the girls.
