NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. V.M.

Nos. A-2649-08T4, A-3024-08T4, A-3336-08T4, A-3342-08T4

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. V.M. and B.G., Defendants-Appellants. IN THE MATTER OF THE GUARDIANSHIP OF J.M.G., a minor.

Superior Court of New Jersey, Appellate Division.

Decided August 6, 2010.


Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant V.M. (Ruth Harrigan, Designated Counsel, on the brief).

Yvonne Smith Segars, Public Defender, attorney for appellant B.G. (Miles Lessem, Designated Counsel, on the brief).

Paula T. Dow, Attorney General, attorney for respondent New Jersey Division of Youth and Family Services (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Lisa J. Rusciano, Deputy Attorney General, on the brief).

Yvonne Smith Segars, Public Defender, attorney for respondent minor (Christopher A. Huling, Assistant Deputy Public Defender, on the brief).

Gibbons P.C., and Lynn M. Paltrow (National Advocates for Pregnant Women) of the New York bar, admitted pro hac vice, and Katherine Jack (NAPW), and Susan Jenkins (NAPW) of the D.C. bar, admitted pro hac vice, attorneys for amicus curiae Experts in Maternal and Neonatal Health, Birth, and Child Welfare (Lawrence S. Lustberg, Jennifer B. Condon, Ms. Paltrow, Ms. Jack, and Ms. Jenkins, on the brief).

Before Judges Carchman, Lihotz and Ashrafi.


PER CURIAM.

On this appeal from a judgment terminating the parental rights of defendants V.M. and B.G. and granting guardianship of their infant child J.M.G. to plaintiff Division of Youth and Family Services (DYFS), we conclude that DYFS did not establish the statutory criteria, N.J.S.A. 30:4C-15.1a, by clear and convincing evidence. Accordingly, we reverse and remand for further proceedings.

Much of the background of this matter can...

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