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DIV. OF YOUTH SERVICES v. H.P.

No. A-0642-10T1

37 A.3d 509 (2011)

424 N.J. Super. 210

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. H.P., Defendant-Appellant, and V.P., Defendant. In the Matter of H.P., Jr., A.P., and A.P., Minors.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 2011.

Attorney(s) appearing for the Case

Mary Potter , Designated Counsel, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Ms. Potter, on the brief).

James P. Gentile , Deputy Attorney General, argued the cause for respondent ( Paula T. Dow , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Mr. Gentile, on the brief).

Sonia G. Wagner , Assistant Deputy Public Defender, argued the cause for the minors ( Joseph E. Krakora , Public Defender, Law Guardian, attorney; Ms. Wagner, on the brief).

Before Judges CARCHMAN, FISHER and BAXTER.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, defendant H.P. argues, among other things, that an order declaring he abused or neglected his three children cannot stand because it was based on testimony heard by the court when defendant was not represented by counsel and because the judge utilized the "clear and convincing" instead of "preponderance" standard. We agree that the utilization of the clear and convincing standard was...

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