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NEW JERSEY DIV. OF YOUTH v. C.H.

Docket No. A-5642-09T2.

50 A.3d 93 (2012)

428 N.J. Super. 40

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Appellant, v. C.H. and M.B., Defendants-Respondents. In the Matter of J.B., A Minor.

Superior Court of New Jersey, Appellate Division.

Decided August 23, 2012.

Attorney(s) appearing for the Case

Diane L. Scott , Deputy Attorney General, argued the cause for appellant ( Jeffrey S. Chiesa , Attorney General, attorney; Andrea M. Silkowitz , Assistant Attorney General, of counsel; Ms. Scott , on the briefs).

Allison C. Williams , Springfield, argued the cause for respondents (Pitman, Mindas, Grossman, Lee and Moore, P.C., attorneys; Ms. Williams , on the brief).

Jeffrey R. Jablonski , Designated Counsel, argued the cause for minor ( Joseph E. Krakora , Public Defender, Law Guardian, attorney; Mr. Jablonski , on the brief).

Before Judges AXELRAD, SAPP-PETERSON and OSTRER.

The opinion of the court was delivered by

AXELRAD, P.J.A.D.

In this appeal, we address the trial court's sua sponte dismissal of an abuse or neglect complaint filed by the Division of Youth and Family Services (the Division)1 in the interim between the close of its presentation of evidence and the scheduled return date for defense witness testimony, without notice to the parties or an opportunity to be heard. The case arose out...

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