N.J. DIV. OF YOUTH & FAM. v. J.C.

No. A-1269-10T4

32 A.3d 211 (2011)

423 N.J. Super. 259

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. J.C., Defendant-Appellant. In the Matter of E.C., a minor.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 2011.


Attorney(s) appearing for the Case

Joseph E. Krakora , Public Defender, attorney for appellant ( Anthony J. Vecchio , Designated Counsel, on the brief).

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

Joseph E. Krakora , Public Defender, Law Guardian, attorney for minor E.C. ( Phyllis G. Warren , Assistant Deputy Public Defender, on the brief).

Before Judges LIHOTZ, WAUGH and ST. JOHN.


The opinion of the court was delivered by

LIHOTZ, J.A.D.

Defendant, J.C., the biological mother of minor, E.C., maintains she was denied due process when the Division of Youth and Family Services (the Division) retained custody, care and supervision of E.C., pursuant to N.J.S.A. 30:4C-12, without a full dispositional hearing to discern whether E.C. could safely return home. The Division defends the need for the protective services litigation and argues...

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