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NJ DIV. v. M.C. III

A-96/97 September Term 2008.

990 A.2d 1097 (2010)

201 N.J. 328

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Appellant, v. M.C. III, Defendant-Respondent. In The Matter of M.C. IV and N.C., Minors.

Supreme Court of New Jersey.

Decided March 31, 2010.

Attorney(s) appearing for the Case

James D. Harris, Deputy Attorney General, argued the cause for appellant (Anne Milgram, Attorney General of New Jersey, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel).

James A. Louis, Deputy Public Defender, argued the cause for appellants M.C. IV and N.C. (Yvonne Smith Segars, Public Defender, Law Guardian, attorney; Olivia Belfatto Crisp, Assistant Deputy Public Defender, on the letter briefs).

Beatrix W. Shear, Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, Parental Representation, attorney; Ms. Shear and Michael C. Wroblewski, Designated Counsel, on the briefs).

Mary M. McManus-Smith submitted a brief on behalf of amicus curiae Legal Services of New Jersey (Melville D. Miller, Jr., President, attorney; Ms. McManus-Smith, Mr. Miller, and Jeyanthi C. Rajaraman, on the brief).

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

This is an abuse and neglect case. On September 24, 2006, a brother and sister were examined at a hospital emergency room. Based on the injuries observed, the examining physician contacted the Division of Youth and Family Services (the Division), and a Division caseworker investigated the allegations of the children that their father caused their injuries. At some point during the initial investigation, the...

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