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D.Y.F.S. v. G.M.

939 A.2d 239 (2008)

398 N.J. Super. 21

DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent v. G.M., Defendant-Appellant, and M.M., Defendant, In the Matter of the Guardianship of K.M. and C.M., Minors.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 2008.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, for appellant (Jean M. Hartmann, Designated Counsel, on the brief).

Anne Milgram, Attorney General, for respondent (Andrea M. Silkowitz, Assistant Attorney General, of counsel and on the brief).

Yvonne Smith Segars, Public Defender, Law Guardian, for minors, K.M. and C.M. (Cynthia McCulloch, Assistant Deputy Public Defender, on the brief).

Before Judges PAYNE, SAPP-PETERSON and MESSANO.

The opinion of this court was delivered by

MESSANO, J.A.D.

In this opinion we address an issue that occurs with apparent frequency at the trial level but has yet to be the subject of a reported opinion. Specifically, what considerations should inform the trial court's decision whether to permit the Division of Youth and Family Services (D.Y.F.S.) to terminate Title Nine proceedings after the filing of an abuse and neglect complaint resulting in the modification...

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