Brian Budic and Katelynn Reilly Present CLE on Custody and DCPP Cases in New Jersey

On November 19 and 20, Brian Budic and Katelynn Reilly delivered an informative Continuing Legal Education (CLE) session for the Pennsylvania Continuing Legal Education Board (PACLE). Their presentations highlighted critical aspects of New Jersey family law, including custody determinations and Division of Child Protection and Permanency (DCPP) cases.

Determining Custody in New Jersey

Reilly and Budic examined the factors New Jersey courts consider when determining custody, with a primary focus on the best interests of the child. Factors include:

• Parental Fitness: Evaluating each parent’s capacity to meet the child’s physical, emotional, and developmental needs.
• Stability and Safety of the Home: Considering each home’s environment and whether it provides a consistent, nurturing setting.
• Child’s Preference: Factoring in the preferences of children old enough to express reasoned opinions.
• Co-Parenting Dynamics: Assessing each parent’s ability to communicate and cooperate effectively.
• Domestic Violence and Abuse History: Heavily weighted in custody rulings to prioritize the child’s safety.
• Work Schedules and Practical Logistics: Evaluating how parents’ work commitments and proximity to one another impact caregiving.

Attorneys gained valuable insights into navigating this rubric and advocating effectively for their clients’ parenting rights.

Division of Child Protection and Permanency (DCPP) Cases in NJ

Reilly and Budic’s second presentation focused on DCPP cases, which involve the state’s intervention in families where allegations of abuse or neglect arise. Key takeaways included:

Preparing for DCPP Involvement

• Understand the Process: Attorneys must thoroughly understand the DCPP’s investigation and litigation procedures, from initial allegations through reunification or permanency planning.
• Evidence Management: Parents and guardians should gather documentation, witnesses, and expert testimony to counter allegations and demonstrate a safe, stable environment for the child.
• Comprehensive Case Preparation: Early, proactive legal strategies are essential to navigating DCPP investigations effectively.

Parents’ and Guardians’ Rights in DCPP Cases

Reilly and Budic emphasized the critical rights of parents and guardians in DCPP cases, including:

• The Right to Representation: Parents have the right to legal counsel during all stages of a DCPP case.
• Due Process: Families are entitled to a fair hearing before decisions are made about custody or permanency.
• Reunification Efforts: DCPP must make reasonable efforts to reunify families unless deemed unsafe for the child.
• Confidentiality Protections: Parents have the right to privacy regarding their case details, barring certain legal exceptions.
• Appeals: Decisions made in DCPP cases can be appealed, providing families a mechanism to contest unfavorable rulings.

The presenters highlighted strategies for safeguarding these rights and achieving the best possible outcomes for families involved in DCPP proceedings.

Key Takeaways

Katelynn Reilly and Brian Budic offered PACLE participants practical guidance on navigating New Jersey’s family law landscape, particularly in high-stakes custody and DCPP cases. Their expertise equipped attorneys with the tools to advocate effectively for their clients while ensuring children’s safety and well-being remain the top priority.