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NEW JERSEY DYFS v. M.M.

914 A.2d 1265 (2007)

189 N.J. 261

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Appellant, v. M.M., Defendant-Respondent. In the Matter of the Guardianship of M.A.M. New Jersey Division of Youth and Family Services, Plaintiff, v. C.B., Defendant. In the Matter of the Guardianship of M.A.M.

Supreme Court of New Jersey.

Decided February 8, 2007.

Attorney(s) appearing for the Case

Lauren F. Carlton, Assistant Attorney General, argued the cause for appellant New Jersey Division of Youth and Family Services (Stuart J. Rabner, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Carlton and Patricia J. O'Dowd, Deputy Attorney General, on the briefs). Jane M. Personette, Designated Counsel, argued the cause for appellant Law Guardian for M.A.M. (Yvonne Smith Segars, Public Defender, attorney).

Beatrix W. Shear, Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney; Ms. Shear, Ted Gary Mitchell, Deputy Public Defender and Alison S. Perrone, Designated Counsel, on the briefs).

Mary M. McManus, Long Branch, argued the cause for amicus curiae, Legal Services of New Jersey (Melville D. Miller, Jr., President, attorney; Ms. McManus and Mr. Miller, on the brief).

Justice ZAZZALI delivered the opinion of the Court.

In this appeal, we must decide whether the trial court properly terminated a father's parental rights in respect of his son. The son is now four years old and has been in his foster parents' custody since a few days after his birth. The trial court terminated the parental rights of the mother and the father and awarded guardianship to the Division of Youth and Family Services (DYFS or Division). Among other findings...

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