Legal Question in Family Law in New Jersey
DYFS wants to take baby out of home because I let her sleep in my bedroom!
My house was visited by a Dyfs social worker. The complaint was against the people that I live with not me. When she came into the house to investigate she saw that I have a 7mth old baby which sleeps in the same room as my husband and I. She told me that my baby was not allowed to sleep in the room with us. She said that she had to have her own bedroom. That having her in the room with us was unsafe and that it was a fire hazard. My daughter has a hard time breathing. She sleeps in my room so that I can monitor her. My child is not being abused in any way. There is enough formula and food in my house to last her a month or more;enough diapers to last her 2 months;enough clothes for 2 kids; and enough toys to fill a toy store. I even quit my job so I could stay home to take care of her. She said that she would return next week and that if my child did not have her own room she would remove her from the house. I need to know if she is allowed to do that when her complaint against me isn't that I am abusing or neglecting my child, it is just that I have my baby sleeping in the same room as me. Its not like shes sleeping on the floor, she has a crib to sleep in.
2 Answers from Attorneys
Re: DYFS wants to take baby out of home because I let her sleep in my bedroom!
You are right and the caseworker is wrong. If you would care to discuss your situation you can call me at 800 273 7933.
Re: DYFS wants to take baby out of home because I let her sleep in my bedroom!
I do not believe that the fact that your baby sleeps in your room is sufficient cause for DYFS to remove the child from you based upon abuse/neglect. If they do, they will have to file an immediate emergency application with the Court seeking the removal and temporary custody of your child. Without the Court's approval OR your consent, they can not remove her except for the initial few days between the emergency removal and the emergent application. I know of no law which requires that she have a separate bedroom. However, if there are other issues of abuse/neglect in your household, they may be considered by DYFS and the Court. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
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