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DIV. OF YOUH & FANUKT & FAMILY SERVICES v. J.C.

787 A.2d 923 (2002)

346 N.J. Super. 277

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. J.C. Defendant-Appellant. In the Matter of the Guardianship of S.L.M., a Minor.

Superior Court of New Jersey, Appellate Division.

Decided January 3, 2002.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender, attorney for appellant J.C. (Philip Lago, Designated Counsel, of counsel and on the brief).

John J. Farmer, Attorney General, attorney for respondent Division of Youth and Family Services (Patrick DeAlmeida, Deputy Attorney General, of counsel; Abigail A. Daly, Deputy Attorney General, on the brief).

Peter A. Garcia, Acting Public Defender, attorney for respondent S.L.M. (Joyce L. Maraziti, Assistant Deputy Public Defender, Designated Counsel & Law Guardian, on the brief).

Before Judges BAIME, FALL and AXELRAD.

The opinion of the court was delivered by AXELRAD, J.T.C. (temporarily assigned).

This appeal requires us to construe N.J.S.A. 30:4C-15(f), which directs DYFS to file a petition for guardianship whenever

the parent of a child has been found by a criminal court of competent jurisdiction to have committed ... or attempted to commit, an assault that resulted, or could have resulted, in the significant bodily injury to the child or another child...

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