DEPT. OF CHILDREN & FAM. v. C.H.

Docket No. A-4786-08T1

5 A.3d 163 (2010)

416 N.J. Super. 414

DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES, Petitioner-Respondent, v. C.H., Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Motion for reconsideration granted.

Resubmitted September 30, 2010.

Decided October 5, 2010.


Attorney(s) appearing for the Case

Marianne Rebel Brown , attorney for appellant.

Paula T. Dow , Attorney General, attorney for respondent ( Melissa H. Raksa , Assistant Attorney General, of counsel; Clinton Page , Deputy Attorney General, on the brief).

Before Judges AXELRAD, SAPP-PETERSON and ESPINOSA.


The opinion of the court was delivered by

SAPP-PETERSON, J.A.D.

On August 12, 2010, C.H. filed a motion for reconsideration of our earlier decision in this matter in light of DYFS v. K.A., 413 N.J.Super. 504, 996 A.2d 1040 (App.Div.2010). Relying upon K.A., C.H. argues that we: (1) erred in not applying the standard established in K.A.; (2) erred in "accepting the Director's findings, which were arbitrary and unreasonable, and relying...

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