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N.J. DIV. OF YOUTH AND FAMILY v. P.H.

Docket No. A-0939-11T3

63 A.3d 243 (2013)

430 N.J. Super. 220

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. P.H., Defendant-Respondent, and J.C., Defendant-Appellant. In the Matter of B.H., K.C., and L.C., Minors.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 2013.

Attorney(s) appearing for the Case

Peter Neely Milligan , Designated Counsel, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Mr. Milligan , on the brief).

Michael S. Harwin , Fair Lawn, argued the cause for respondent P.H. ( Joseph E. Krakora , Public Defender, attorney; John A. Salois , Designated Counsel, on the brief).

Cynthia J. Schappell , Deputy Attorney General, argued the cause for respondent New Jersey Division of Youth and Family Services ( Jeffrey S. Chiesa , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Ms. Schappell, on the brief).

David R. Giles , Designated Counsel, argued the cause for minors B.H., K.C., and L.C. ( Joseph E. Krakora , Public Defender, Law Guardian, attorney; Mr. Giles , on the brief).

Before Judges FISHER, ALVAREZ and WAUGH.

The opinion of the court was delivered by

ALVAREZ, J.A.D.

On June 20, 2011, J.C. was found to have engaged in acts of "both abuse and neglect," as defined in N.J.S.A. 9:6-8.21(c)(3) and (4), as a result of sexual conduct towards his two children, L.C. (Mary), born in July 2004, and K.C. (Tom), born in July 2004.2 The court later terminated the litigation and allowed plaintiff, the Division of Youth and Family Services (Division...

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