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NEW JERSEY DYFS v. H.B.

866 A.2d 1053 (2005)

375 N.J. Super. 148

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Appellant, v. H.B. and L.M.B., Defendants-Respondents. In the Matter of C.B., a Minor.

Superior Court of New Jersey, Appellate Division.

Decided February 16, 2005.

Attorney(s) appearing for the Case

Diane Breese, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Breese, on the brief).

John M. Zaiter argued the cause for respondent L.M.B. (Broscious and Fisher, attorneys; Mr. Zaiter, on the brief).

Marcia S. Birnbaum, Assistant Deputy Public Defender, argued the cause for C.B. (Yvonne Smith Segars, Public Defender; Ms. Birnbaum, on the brief).

Before Judges LEFELT, FUENTES and FALCONE.

The opinion of the court was delivered by

FUENTES, J.A.D.

In this appeal, we hold that certain evidentiary rulings and factual findings made by the Family Part used to uphold its decision to dismiss this child sexual abuse case were erroneous and not based on competent evidence. The court's final determination was thus legally insupportable, requiring that the matter be remanded for a new fact-finding hearing.

We also hold that in adopting Megan's...

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