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N.J. DIVISION OF YOUTH AND FAMILY SERVICES v. M.W.

942 A.2d 1 (2008)

398 N.J. Super. 266

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. M.W., Defendant-Appellant, In the Matter of the Guardianship of R.W., F.W. and T.H., Minors. New Jersey Division of Youth and Family Services, Plaintiff-Respondent, v. T.H., Defendant-Appellant, In The Matter of the Guardianship of T.H., A Minor.

Superior Court of New Jersey, Appellate Division.

Decided August 10, 2007.

Supplemental Opinion February 26, 2008.

Attorney(s) appearing for the Case

Michael C. Kazer, Designated Counsel, Jersey City, argued the cause for appellant M.W. (Yvonne Smith Segars, Public Defender, attorney; Mr. Kazer, on the brief).

Yvonne Smith Segars, Public Defender, attorney for appellant T.H. (William J. Sweeney, Designated Counsel, on the brief).

Eleanor Armstrong, Deputy Attorney General, argued the cause for respondent New Jersey Division of Youth and Family Services (Stuart Rabner, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Armstrong, on the brief).

Melissa Vance, Assistant Deputy Public Defender, argued the cause respondents minor children R.W., T.H., Jr. and F.W. (Yvonne Smith Segars, Public Defender, Law Guardian for minors; Ms. Vance, on the brief).

Edward Hornstein of the New York bar, New York City, admitted pro hac vice, argued the cause for amicus curiae the minor child F.D.W. (Morgan, Lewis and Bockius, attorneys; Todd D. Brody and Mr. Hornstein, of counsel; Scott E. Ross, on the brief).

Before Judges COLLESTER, SABATINO and LYONS.

The opinion of the court was delivered by

COLLESTER, J.A.D.

"This is an appeal from a judgment retroactively terminating the parental rights of the natural mother to her deceased child, and alternatively, holding that the mother's right of inheritance by intestacy is extinguished on equitable grounds. This novel issue was precipitated by a complaint for guardianship brought by the Division of Youth and Family. Services (the Division) to terminate M.W.'s parental...

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