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DIV. OF YOUTH AND FAMILY v. A.R.G.

845 A.2d 106 (2004)

179 N.J. 264

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. A.R.G., Defendant-Appellant. In the Matter of C.R.G., R.L.G. and A.J.G., Minors.

Supreme Court of New Jersey.

Decided March 17, 2004.

Attorney(s) appearing for the Case

Aglaia Papadopoulos-Vlantes argued the cause for appellant (Papadopoulos-Vlantes & Moehring, attorneys).

Andrea M. Silkowitz, Newark, Assistant Attorney General, argued the cause for respondent New Jersey Division of Youth and Family Services (Peter C. Harvey, Attorney General of New Jersey, attorney; Pamela A. Redd, Deputy Attorney General, on the brief).

Maria Emilia Borges, Assistant Deputy Public Defender, argued the cause for respondents C.R.G., R.L.G., and A.J.G., (Yvonne Smith Segars, Public Defender, attorney; Joseph F. Suozzo and Edward B. Marable, Jr., Deputy Public Defenders, of counsel).

Melville D. Miller, Jr., President, argued the cause for amicus curiae Legal Services of New Jersey (Mr. Miller, attorney; Mr. Miller and Nancy Goldhill, on the brief).

Mary E. Coogan argued the cause for amicus curiae Association for Children of New Jersey (Cecilia M. Zalkind, attorney; Ms. Coogan and Ms. Zalkind, on the brief).

The opinion of the Court was delivered by

LONG, Justice.

This appeal, which is before us as of right based on a dissent in the Appellate Division, Rule 2:2-1(a)(2), involves the meaning of the term "aggravated circumstances" in N.J.S.A. 30:4C-11.3(a), the existence of which excuses the Division of Youth and Family Services ("DYFS") from providing statutorily...

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