DIV. OF YOUTH & FAM. SERVS. v. J.L.

Docket No. A-5490-06T4.

948 A.2d 172 (2008)

400 N.J. Super. 454

DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Appellant, v. J.L. and T.L., Defendants-Respondents, In the Matter of O.L., Minor.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 2008.


Attorney(s) appearing for the Case

Nicole LaFerriere, Deputy Attorney General, argued the cause for appellant (Anne Milgram, Attorney General, attorney; Lewis Scheindlin, Assistant Attorney General, of counsel; Ms. LaFerriere, on the brief).

Beth Anne Hahn, Designated Counsel, argued the cause for respondent J.L. (Yvonne Smith Segars, Public Defender, attorney; Ms. Hahn, on the brief).

Alton D. Kenney, Freehold, argued the cause for respondent T.L. (Lomurro, Davison, Eastman & Munoz, P.A., attorneys; Mr. Kenney, of counsel; Carrie A. Lumi, on the brief).

Christopher A. Huling, Assistant Deputy Public Defender, argued the cause for minor O.L. (Yvonne Smith Segars, Public Defender, Law Guardian, attorney; Mr. Huling, on the brief).

Before Judges CUFF, LISA and SIMONELLI.


The opinion of the court was delivered by

LISA, J.A.D.

The New Jersey Division of Youth and Family Services (Division) appeals from an order dismissing its complaint for child abuse and neglect against O.L.'s mother, T.L., and father, J.L. The Division argues that the trial court's decision is against the weight of the evidence and is unsupportable because the judge misapplied the burden of proof under the child abuse law. According to the Division, once its...

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