What can dyfs do of I smoke marijuana I have a medical condition don't have proper paper work for it no allegations ever been foundhave a open case but do to a child with behavior problems
In 2012, New Jersey's Division of Youth and Family Services (DYFS) was officially renamed the Division of Child Protection and Permanency (DCP&P). The Division of Child Protection and Permanency can get involved and make your life very difficult. You are in effect admitting to one or possibly more crimes in an online forum frequented by law enforcement. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
DCPP can do essentially whatever they believe is in the best interest of the child. They aren't always successful, but they don't play games, they will push hard, and the judges to usually side with them. Having a medical condition probably isn't going to be recognized without proper medical diagnosis and prescription. Even then it could be problematic, but significantly less so. If your child has behavior problems, they don't necessarily get involved, and even then they don't necessarily drug test you if thats never been an issue. Marijuana will probably be legal in a few months in NJ, and so things might change to your benefit. Goodluck!
EVEN IF you are prescribed marijuana DCPP can take into account that you may not smoke around your child. If NJ doctor did not give you a card for NJ you do not have a condition that required the substance for treatment legally in NJ. This is not even the start of an argument you can win.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
I agree with the prior answers. The Division and Court will likely require you to go to a substance abuse evaluation and comply with any recommended treatment. Unless you have a medical marijuana card, you will either have to remain drug free and complete treatment, or the Court may limit your contact with the child(ren) (i.e., supervised, suspended, etc.). These cases are very fact specific and the Division and Court's positions regarding these issues vary from county to county. I suggest reaching out to an attorney who frequently handles these matters in your county.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline