Ernest Anemone, Esq.
Ernest is a court-appointed Law Guardian for children involved with DCP&P (the Division of Child Protection & Permanency, formerly DYFS).We do not accept private cases at this time.If you are a current client, caregiver, or service provider, you can reach Ernest by phone at (347) 644-7340.NJ Attorney ID: 043972005
| Question | Answer |
|---|---|
| What is the purpose of court hearings involving young people? | Court hearings involving young people, particularly in child welfare cases, are designed to make important decisions about their lives, safety, and well-being. These hearings are not like criminal court; there is no jury, and the public is not allowed. Instead, the focus is on determining what is in the child's best interest. Young people are encouraged to participate because their voice provides crucial information for judges to make informed decisions. The entire process aims to ensure that children are safe and happy, with various legal and social professionals working together to achieve this goal. |
| Who are the key people involved in a child welfare court case? | Several professionals are involved in a child welfare court case, each with a specific role: Judge: The judge's primary job is to make decisions about what happens to the young person and their family, always aiming for what is in the child's best interest. They listen to all parties involved, including the young person. Law Guardian: This is a lawyer specifically assigned to represent the young person. They advocate for the child's wishes, help them understand the process, prepare them for court, and ensure their voice is heard. The Office of Law Guardian is part of the New Jersey Office of the Public Defender. Caseworker: This individual works with the young person and their family to ensure safety and happiness. They provide information to their lawyer about the family's situation and recommended plans. Deputy Attorney General (DAG): This is the lawyer who represents DCP&P and explains the division's actions and plans to the judge. Parents' Attorney: Parents typically have their own lawyers, provided by the Office of Parental Representation, whose job is to advocate for the parents' positions and work towards reunification with their children, if safe and possible. Sheriff Officer: Present for safety reasons, not to interrogate anyone. |
| How can a young person prepare for a court hearing? | Preparing for court can be nerve-wracking, but it's crucial for a young person to feel comfortable and confident. Key preparation steps include: Talk to your Law Guardian: Discuss which hearings you should attend and when they are scheduled. Schedule a meeting with your law guardian about a week before court to go over what you want the judge to know and how you feel about being in court. Voice Your Opinion: Don't be shy. Your voice is important. Develop a comfortable relationship with your law guardian so you can openly express your feelings and opinions. Rehearse: Practice what you want to say, either in your mind or with your law guardian. Think about potential questions and how the procedure might go. Arrange Transportation: If you have trouble getting to court, talk to your caseworker to make a plan for transportation. Bring Notes: Write down what you want to say and the points you want to make. This helps ensure you don't forget anything. Be aware that others may ask for a copy of your notes. Address Concerns: If you are uncomfortable seeing certain people in court or feel fearful, talk to your law guardian. There are security measures and people (like the judge and sheriff's officer) present to protect you. You can also request a private session with the judge if needed. |
| What topics might be discussed in court, and what should a young person advocate for? | In court, judges and attorneys may ask questions about various aspects of a young person's life, and it's an opportunity for the young person to advocate for their needs and wishes. Common topics include: School: Discussing your current school, desired school, or any needs related to education (e.g., school supplies, tutoring). Placement: Expressing your preferences for where you want to live, especially if you have a strong connection to a particular family or household. Visits/Visitation: Advocating for visitation with family members, siblings, or parents to maintain family bonds, or requesting extended visitation hours. Case Plan: Understanding and contributing to the steps designed to help you transition into the next phase of your life. Mental Health: Discussing any mental health concerns and advocating for appropriate treatment or counseling. Services and Support: Asking for specific services like counseling, tutoring, or programs (e.g., Big Brothers Big Sisters). Safety and Well-being: If something is wrong or if you're not safe, it's crucial to tell your law guardian or caseworker. They are there to advocate for your safety, and you won't get in trouble for speaking up. If there's something you want discussed but don't want to bring it up yourself, you can tell your law guardian, and they can raise the issue while maintaining confidentiality. |
| What should a young person expect when they are in the courtroom? | Courtrooms in child welfare cases differ from what is often seen on TV. No Jury: There is no jury; decisions are made by the judge. Private Proceedings: The public is not allowed in these types of court cases; everyone present is there for the young person or their family. Key Individuals: The courtroom typically includes your caseworker, law guardian, family members (depending on the case), the judge, and other officials. There might be a sheriff officer for safety. Swearing In: You may be asked to be sworn in, which means promising to tell the truth. Addressing the Judge: You can call the judge "Judge [Last Name]," "Judge," "Your Honor" or ask your law guardian for guidance. Recordings: Hearings are recorded, which is another reason to be thoughtful about what you say, ensuring people hear and understand your perspective. Support Persons: You can ask to have a foster parent, friend, or other trusted person present for support, though it's up to the judge whether they are allowed inside the courtroom. |
| How does the judge make decisions in court? | After everyone has had their say, the judge is the final decision-maker. The judge considers all perspectives, including those from the division, parents, and especially the young person. The main priority for the judge is the young person's safety and what is in their best interest. While the judge listens to the young person's wishes and opinions, the final decision may not always be what the young person asked for if the judge believes something else is truly best for their safety and future. Even if you don't get everything you want, your voice is still important, and being heard is a valuable part of the process. |
| What happens if a young person disagrees with a court decision? | If the court rules something that a young person doesn't like, they should immediately speak with their law guardian. There are options to address disagreements: Appeal: It may be possible to appeal the decision, which means asking a higher court to review the judge's ruling. Another Hearing: Your law guardian can request another hearing to re-address the issue. Continued Advocacy: Even if a desired outcome isn't achieved immediately, consistently showing up and advocating for yourself over time can influence future decisions. Judges may be more inclined to grant requests if a young person consistently demonstrates their commitment and participation. The process of advocating for oneself, even when decisions are not favorable, helps develop important life skills in voicing opinions and communicating needs. |
| What should a young person do after a court hearing? | After a court hearing, it's important for a young person to continue engaging with their legal team and processing the experience: Debrief with your Law Guardian: Discuss whether the court session was effective, if there was anything you wanted to say but didn't, or if something came across differently than intended. Your law guardian can relay these messages to the judge. Reflect and Engage: Reflect on the experience, whether positively or negatively. Staying engaged means knowing what's happening in your case. Seek Support: It's okay to ask to see a counselor, therapist, or another trusted person after court, as court can be a significant and emotional experience. Patience and Follow-Up: Court orders may not happen immediately. If things seem to be moving slowly, it's okay to ask your law guardian, caseworker, or others for updates. Maintain Contact: Keeping in regular contact with your law guardian is a "two-way street." They should contact you, but you should also frequently reach out to them to advocate for yourself and ensure your needs are being met. Emergency Hearings: If something serious arises between hearings, your law guardian can ask for an emergency hearing. |