OUTCOME: Appellate Division affirmed custodial placement with relative caregive and all other trial orders, in accordance with biological mother's wishes and contrary to biological father's objection.
Appellate Division determined father's tacit consent to relative placement and child's emotional bond to 3rd party created exceptional circumstances that permitted a finding of psychological parenthood... by third parties. http://www.judiciary.state.nj.us/opinions/a1666-10.pdf
Child abuse
DYFS v. J.M.H. IMO E.M.S.
May 14, 2013
OUTCOME: Reversal of Child Abuse and Neglect Finding against non-custodial father secured.
App. Div. Docket No.: a2376-11PER CURIAM Defendant J.M.H. appeals from an October 4, 2011 Family Part order entered after a fact-finding hearing, which determined he had abused or neglected his child p...ursuant to N.J.S.A. 9:6-8.21c(4)(b). Because the record lacks substantial credible evidence that defendant's conduct constituted gross negligence or recklessness, we reverse. Available at: http://njlaw.rutgers.edu/collections/courts/appellate/a2376-11.opn.html
Child abuse
DYFS v. Y.Z., IMO D.Z.
Mar 27, 2013
OUTCOME: NJ Supreme Court reversed Appellate Division termination of parental rights, secured reversal of termination and remand for retrial.
A4638-10T1. Though trial court denied termination, DYFS appealed, App. Div. directed termination. Was successful in appealing App. Div. reversal, Supreme Court granted certification and issued ordering... directing that App. Div. reverse its decision and remand for retrial.
Child abuse
DYFS v. C.G., IMO R.S.
Sep 20, 2012
OUTCOME: Secured reversal of abuse and neglect finding (Title 9) in matter involving a mother who overdosed on prescription medication while her daughter was asleep.
App. Div. Docket No. A-6151-10T1. PER CURIAM C.G. (Courtney)2 appeals from the Family Part's June 13, 2011 order, following a fact-finding hearing, determining she abused and neglected her then two-ye...ar-old daughter, R.S. (Reba), by becoming incapacitated while caring for Reba and by failing to seek appropriate treatment for severe anxiety. Because the record in this matter is inadequate to support a finding of abuse and neglect and the trial court relied on previously excluded hearsay evidence, we reverse. Available At: http://njlaw.rutgers.edu/collections/courts/appellate/a6151-10.opn.html
Child abuse
DYFs v. J.B. and N.D., IMO J.H., Ja.F., J.F. and N.D.
Jul 03, 2012
OUTCOME: Secured reversal of abuse and neglect finding (Title 9) and secured expungement.
App. Div. Docket No.: A4607-10T2/4699-10T2. PER CURIAM J.B. and N.D. appeal from an order entered by the trial court on July 13, 2010, finding that they abused or neglected four minor children. We rev...erse. Available At: http://njlaw.rutgers.edu/collections/courts/appellate/a4607-10.opn.html
Child custody
DYFS v. L.W. and S.W., IMO K.W.
Jan 19, 2012
OUTCOME: Defeated attempt to indefinitely hold mother in New Jersey following termination of Title 9 litigation, reunification, and closure of DYFS case.
App. Div. Docket No. A0897-10T1- PER CURIAM The law guardian appeals from the Family Part order issued by Judge Verna Leath dismissing a Title 30 complaint against L.W., the biological mother of K.W., ...born September 1, 1988. The law guardian sought a conditional dismissal of the complaint. Judge Leath, who, before dismissing the complaint, had presided over the proceedings for three years, determined there was no basis under Title 30 to impose upon the Division of Youth and Family Services (Division) the obligation to continuously supervise L.W. indefinitely when K.W. was no longer at risk. In addition, because she determined there was no jurisdictional basis to order a conditional dismissal, the judge found there was no reason to postpone the dismissal of the complaint pending resolution of the law guardian's motion filed three days before the dismissal hearing. We affirm. L.W. is the mother of ten children, Natalie, Stacey, Kelly, Preston, Shannon, K.W., Sean, Jerry, Bryan, and Nathan,1 whose ages ranged from seven months to twenty-two years old at the time the court dismissed the Title 30 complaint in October 2010. K.W., who is the subject of this appeal, suffers from Partial Tetrasomy 15Q Deletion, a rare chromosomal abnormality that causes multiple medical and developmental issues. He is a non-verbal child who communicates through a combination of hand gestures and limited vocalization. His medical issues include scoliosis, partial hearing loss and difficulty reaching and maintaining a healthy weight. Available at: http://njlaw.rutgers.edu/collections/courts/appellate/a0897-10.opn.html
Child abuse
DYFS v. H.F. and A.S., IMO A.A.S.
Dec 19, 2011
OUTCOME: Secured reversal and remand for second trial for a noncustodial father whose parental rights were terminated.
App. Div. Docket No. A5795-09T1/A5797-09T1. PER CURIAM Defendants, A.S. and H.F., the birth parents of A.A.S. ("Alice"),1 now age nine, each appeal the Family Part's entry of a final judgment of guard...ianship terminating their respective parental rights. Their appeals are opposed by the Division of Youth and Family Services ("DYFS" or "the Division") and the Law Guardian. For the reasons that follow, we affirm the judgment as to the birth mother, A.S., but remand for further proceedings as to the birth father, H.F. Available At: http://njlaw.rutgers.edu/collections/courts/appellate/a5795-09.opn.html
