DIV. OF YOUTH & FAM. SVCS. v. M.D.

Docket No. A-2419-09T4

11 A.3d 381 (2011)

417 N.J. Super. 583

DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. M.D., Defendant-Appellant, and S.D., Defendant. In the Matter of N.D., S.D., and G.D., Minors.

Superior Court of New Jersey, Appellate Division.

Decided January 12, 2011.


Attorney(s) appearing for the Case

Michael C. Wroblewski , Designated Counsel, argued the cause for appellant M.D. (Yvonne Smith Segars, Public Defender, attorney; Mr. Wroblewski, on the brief).

Victoria A. Galinski , Deputy Attorney General, argued the cause for respondent (Paula T. Dow, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Galinski, on the brief).

James A. Louis , Deputy Public Defender, argued the cause for minors N.D., S.D. and G.D. ( Yvonne Smith Segars , Public Defender, Law Guardian, attorney; Christopher A. Huling , Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges CARCHMAN, MESSANO and WAUGH.


The opinion of the court was delivered by

MESSANO, J.A.D.

This appeal requires us to consider a recurring issue in Title 9 and Title 30 litigation. Specifically, when a defendant stipulates to a finding of abuse and/or neglect at a fact-finding hearing, what information must counsel provide to the defendant to insure he or she has made a knowing and voluntary waiver of his or her rights, and what are the obligations of the judge in accepting such a stipulation...

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