DYFS v. A.P.

No. A-3564-07T4.

974 A.2d 466 (2009)

408 N.J. Super. 252

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. A.P., Defendant-Appellant, and F.H., Defendant. In the Matter of S.H., a minor.

Superior Court of New Jersey, Appellate Division.

Decided July 17, 2009.


Attorney(s) appearing for the Case

Beatrix W. Shear, Deputy Public Defender, and Ronald C. Appleby, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Ms. Shear and Mr. Appleby, on the brief).

Lauren Carlton, Assistant Attorney General, argued the cause for respondent (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin and Melissa H. Raksa, Assistant Attorneys General, of counsel; Jennifer Jaremback, Deputy Attorney General, on the briefs).

Melissa R. Vance, Assistant Deputy Public Defender, argued the cause for minor S.H. (Yvonne Smith Segars, Public Defender, Law Guardian, attorney; Ms. Vance, on the brief).

Before Judges SKILLMAN, GRAVES and GRALL.


The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The dispositive issue presented by this appeal is whether a parent's appeal of an order that dismisses a Title 9 action brought by the Division of Youth and Family Services (DYFS) before there has been an adjudication of abuse or neglect and entry of a final order of disposition is mooted by DYFS' filing of a Title 30 action for the termination of parental rights. We conclude that DYFS' filing of...

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