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About Stutzke Law LLC.

Stutzke Law is a boutique family, employment, estate planning, and commercial litigation practice with dual offices located in Parlin and Freehold, New Jersey.

Here at Stutzke Law, your problems become our problems. It’s not about us - it’s about you. We understand that losing a business, a job or a marriage is quite possibly one of the most devastating and demanding times in a person's life. To that end, we strive to be sensitive to the financial and emotional needs of each and every one of our clients.

We more than prepared to see you through these tough times as not only a counselor but as a close friend and an equal. We are very protective of our clients' rights, and work hard to achieve optimal settlement packages for them. But when necessary, we litigate aggressively to protect our clients' interests.

Contact our office today to arrange a free consultation. (732) 952-2903 – Stutzke Law, LLC has Greek and Spanish translators on site. Please let us know if you require translation services for your free initial consultation!

Will You Roast if You Toast? Alcohol Use and Abuse and Neglect Under Title 9

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It’s New Years Honey, pop open that champagne!

This is a common refrain in homes throughout the country on New Year’s Eve, but what if there are children present? Can DCPP (formerly DYFS) get involved if you drink in front of your children? The answer as always involves shades of grey.

The Division is given broad discretion in their ability to get involved with families under the guise of child safety and well being. The Division only needs to be concerned that there is a risk of harm to a child to get involved with a family. These powers are codified under Title 9 and Title 30 of the New Jersey Statutes Annotated.

Case law has dictated that alcohol and drug abuse qualify as unabated substance abuse and therefore even if your child is never harmed, if you’re intoxicated in front of your child then it will qualify as child abuse and neglect under Title 9. The risk of harm is substantial and significant enough to warrant such a finding. Further, such activity will be grounds for DCPP to conduct a Dodd removal, which is an emergent removal of your child immediately, without a warrant, without a judge’s signature or court order. You will be entitled to a hearing within 72 hours of this removal, but your child is gone until a judge decides whether such a removal was proper under the law.

Fortunately, drinking alone does not merit removal. It’s all about whether the drinking gets to a point of intoxication where your faculties are impaired. So those parents reading this article and shaking over their glass of wine with dinner need not worry. You can keep having that glass.

Just like the decision to get behind the wheel, when you’re in a care-taking role and drink, drink responsibility. So next year if your 12 year old stays up with you waiting for the ball drop, have one bottle of champagne, not three.

 

The Stutzke Law philosophy is that trust is the bedrock of all successful attorney-client relationships. At The offices of Stutzke Law your problems become our problems. We understand that losing a business, job or a marriage is quite possibly one of the most devastating and demanding times in a person's life. To that end, we strive to be sensitive to the financial and emotional needs of each and every one of our clients. We are more than prepared to see you through these tough times as not only a counselor but as a close friend. Working from a framework of mutual trust, communication, and cooperation, it is our prerogative to handle your case in a responsive, thorough and dedicated manner from start to finish.
Amy Stutzke
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Amys website
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