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State of New Jersey Division of Youth and Family Services v. H.J.

December 20, 2006

STATE OF NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT,
v.
H.J., DEFENDANT-APPELLANT.
IN THE MATTER OF THE GUARDIANSHIP OF A.H. AND A.H., MINORS.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Passaic County, Docket No. FG-16-16-06.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 12, 2006

Before Judges Kestin and Graves.

Defendant H.J., the father of twin daughters A.H. and A.H., born on December 31, 2003, appeals from a judgment of guardianship terminating his parental rights to both children and awarding guardianship of the children to the Division of Youth and Family Services (the Division) for purposes of consenting to adoption. The mother of the children, F.H., executed an identified surrender of her parental rights to the present foster parents, who are committed to adopting the two children. We affirm.

On appeal, H.J. makes the following arguments:

POINT I

THE JUDGMENT OF GUARDIANSHIP SHOULD BE REVERSED BECAUSE THE DIVISION FAILED TO PROVE THE SECOND, THIRD, AND FOURTH PRONGS OF THE "BEST INTERESTS" TEST BY CLEAR AND CONVINCING EVIDENCE.

(A)

UNDER THE SECOND PRONG, THE DEFENDANT CAN BECOME PARENTALLY FIT IN TIME TO MEET THE NEEDS OF A.H. AND A.H.

(B)

UNDER THE THIRD PRONG, THE DIVISION FAILED TO MAKE REASONABLE EFFORTS TO OFFER SERVICES TO THE DEFENDANT BECAUSE IT WAS NOT COMMITTED TO THE ...


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