NEW JERSEY DIV. OF YOUTH v. R.G.

A-116 September Term 2011, 069970

90 A.3d 1258 (2014)

217 N.J. 527

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. R.G., Defendant-Respondent, and J.G., Defendant-Appellant. In the Matter of the Guardianship of T.G., Minor-Respondent, and K.G., Minor-Respondent.

Supreme Court of New Jersey.

Decided June 2, 2014.


Attorney(s) appearing for the Case

T. Gary Mitchell , Deputy Public Defender, Director of Litigation, argued the cause for appellant J.G. ( Joseph E. Krakora , Public Defender Parental Representation, attorney; Mr. Mitchell and Beatrix W. Shear , Deputy Public Defender, on the briefs).

Douglas M. Greene and Eric Foley , Designated Counsel, submitted a brief on behalf of respondent R.G. ( Joseph E. Krakora , Public Defender Parental Representation, attorney).

Caryn M. Stalter , Assistant Deputy Public Defender, argued the cause for respondent T.G. ( Joseph E. Krakora , Public Defender Law Guardian, attorney).

Jane S. Blank , Deputy Attorney General, argued the cause for respondent New Jersey Division of Youth and Family Services ( Jeffrey S. Chiesa , Attorney General of New Jersey, attorney; Andrea M. Silkowitz , Assistant Attorney General, of counsel).

Katherine J. Bierwas , Designated Counsel, argued the cause for respondent K.G. ( Joseph E. Krakora , Public Defender Law Guardian, attorney).

Jeyanthi C. Rajaraman argued the cause for amicus curiae Legal Services of New Jersey ( Melville D. Miller, Jr. , President, attorney; Ms. Rajaraman, Mr. Miller, Mary M. McManus-Smith , and Akil S. Roper , Edison, on the brief).

Ronald K. Chen , Trenton, argued the cause for amici curiae American Civil Liberties Union of New Jersey Foundation and The New Jersey Institute for Social Justice (Rutgers Constitutional Litigation Clinic Center for Law & Justice, attorneys; Mr. Chen, Edward L. Barocas , Jeanne M. LoCicero , Alexander R. Shalom , and Craig R. Levine , of counsel and on the brief).


Judge RODRÍGUEZ, temporarily assigned, delivered the opinion of the Court.

In this matter, a father was incarcerated six months after the birth of his daughter. He was released five years and four months later, while a guardianship trial was in progress. The birth mother surrendered her rights in favor of her own mother. The trial court found that the Division of Youth and Family Services (Division)

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