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DYFS v. B.M.

DOCKET NO. A-5542-08T4, A-5543-08T4

993 A.2d 258 (2010)

413 N.J. Super. 118

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. B.M. and T.B., Defendants-Appellants. In the Matter of the Guardianship of Z.T.T.B., a minor-respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 2010.

Attorney(s) appearing for the Case

Carol Willner, Designated Counsel, argued the cause for appellant, B.M. (Yvonne Smith Segars, Public Defender, attorney; Ms. Willner, on the brief).

Anthony J. Van Zwaren, Designated Counsel, argued the cause for appellant, T.B. (Yvonne Smith Segars, Public Defender, attorney; Mr. Van Zwaren, on the brief).

Emily Weisslitz, Deputy Attorney General, argued the cause for respondent, New Jersey Division of Youth and Family Services (Paula T. Dow, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Weisslitz, on the brief).

Christopher A. Huling, Assistant Deputy Public Defender, argued the cause for minor-respondent, Z.T.T.B. (Yvonne Smith Segars, Public Defender, Law Guardian, attorney; Mr. Huling, of counsel and on the brief).

Before Judges SKILLMAN, GILROY and SIMONELLI.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The most significant issue presented by this consolidated appeal from a judgment terminating parental rights is whether the part of a medical report containing a doctor's expert opinion was properly admitted into evidence under Rule 5:12-4(d). We conclude for the reasons set forth in section III of this opinion that such a report constitutes inadmissible...

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