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NEW JERSEY DYFS v. G.M.

A-6 September Term 2008.

968 A.2d 698 (2009)

198 N.J. 382

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

Supreme Court of New Jersey.

Decided April 7, 2009.

Attorney(s) appearing for the Case

Andrea M. Silkowitz, Assistant Attorney General, argued the cause for appellant (Anne Milgram, Attorney General of New Jersey, attorney).

T. Gary Mitchell, Deputy Public Defender, argued the cause for respondent G.M. (Yvonne Smith Segars, Public Defender, attorney; Mr. Mitchell and Jean M. Hartmann, Designated Counsel, on the briefs).

Phyllis G. Warren, Assistant Deputy Public Defender, argued the cause for respondents K.M. and C.M. (Yvonne Smith Segars, Public Defender, attorney).

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

Justice WALLACE, JR., delivered the opinion of the Court.

This is a Title Nine abuse and neglect proceeding. The mother and father were divorced and shared joint legal custody of their two children, but the mother had primary physical custody. As a result of an altercation between the mother and the thirteen-year-old daughter, the Division of Youth and Family Services (Division) filed an abuse and neglect complaint. The trial court awarded the Division custody and control of the children, and the children subsequently were placed...

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