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N.J. DIV. OF YOUTH & FAMILY SERVICES v. S.S.

275 N.J. Super. 173 (1994)

645 A.2d 1213

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT, v. S.S., DEFENDANT-APPELLANT, AND V.E., DEFENDANT, IN THE MATTER OF N.S. AND D.S., MINORS.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1994.

Attorney(s) appearing for the Case

Susan L. Reisner, Acting Public Defender, attorney for appellant S.S. (Olivia Belfatto Crisp, Designated Counsel, of counsel and on the brief).

Susan L. Reisner, Acting Public Defender, attorney for N.S. and D.S. (Caridad D. Argote-Freyre, Assistant Deputy Public Defender, filed a letter brief as law guardian for minors N.S. and D.S.).

Deborah T. Poritz, Attorney General, attorney for respondent (Mary C. Jacobson, Assistant Attorney General, of counsel; Mark Singer, Deputy Attorney General, on the brief).

Before Judges KING, ARNOLD M. STEIN and A.A. RODRIGUEZ.

The opinion of the court was delivered by A.A. RODRIGUEZ, J.S.C. (temporarily assigned).

Defendant S.S. challenges on federal constitutional grounds the application in this case of the burden-shifting doctrine announced in In the Matter of D.T., 229 N.J.Super. 509, 552 A.2d 189 (App.Div. 1988), which requires defendant to prove her non-culpability in the abuse of her daughter. Id...

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