DIV. OF YOUTH AND FAM. v. I.H.C.

No. A-2208-09T4.

2 A.3d 1138 (2010)

415 N.J. Super. 551

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. I.H.C. and D.C., Defendants-Respondents. In the Matter of A.C., J.C., and H.C., Minor-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided August 5, 2010.


Attorney(s) appearing for the Case

Lorraine M. Augostini, Deputy Public Defender, and Christopher A. Huling, Assistant Deputy Public Defender, argued the cause for minor-appellants A.C., J.C. and H.C. (Yvonne Smith Segars, Public Defender, Law Guardian, attorney; Ms. Augostini, of counsel and on the brief; Mr. Huling, on the brief).

Michael V. Calabro, Newark, argued the cause for respondent D.C.

Pasquale F. Giannetta argued the cause for respondent I.H.C. (Mr. Giannetta joins in the brief of respondent D.C.).

Andrea D'Aleo, Deputy Attorney General, argued the cause for respondent Division of Youth and Family Services (Paula T. Dow, Attorney General, attorney; Ms. D'Aleo, on the brief).

Before Judges PARRILLO, LIHOTZ and ASHRAFI.


PER CURIAM.

The Law Guardian for three children, now ages two, three, and four, appeals from the judgment of the Family Part finding insufficient evidence that defendant-parents had abused or neglected the children because of domestic violence in the home. The Division of Youth and Family Services (DYFS) joins in the appeal. We have stayed the Family Part's order to return the children to the parents pending resolution of this appeal.

Although the Family Part...

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