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Division of Youth and Family Services v. R.C.

June 6, 2007

DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT,
v.
R.C., DEFENDANT-APPELLANT,
IN THE MATTER OF THE GUARDIANSHIP OF A.S.C., T.W.C., AND M.L.C., MINORS.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Camden County, FG-04-98-06.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 22, 2007

Before Judges Coburn and R.B. Coleman.

R.C. filed an appeal from the September 22, 2006, judgment terminating her parental rights to A.S.C., born in 2000; T.W.C., born in 2002; and M.L.C., born in 2004,*fn1 based on the following arguments:

POINT I

SUBSTANTIAL CREDIBLE EVIDENCE DID NOT EXIST SUPPORTING THE COURT'S FINDING THAT THE "BEST INTERESTS" TEST WAS PROVEN BY CLEAR AND CONVINCING EVIDENCE.

(A)

THERE DID NOT EXIST CLEAR AND CONVINCING EVIDENCE TO SUPPORT THE FINDING THAT THE HEALTH AND DEVELOPMENT OF THE CHILDREN WERE AND WOULD CONTINUE TO BE ENDANGERED BY THE PARENTAL RELATIONSHIP.

(B)

THERE DID NOT EXIST CLEAR AND CONVINCING EVIDENCE TO SUPPORT A FINDING THAT THE APPELLANT WAS UNWILLING OR WAS UNABLE TO ELIMINATE THE HARM FACING THE CHILDREN.

(C)

THERE DID NOT EXIST CLEAR AND CONVINCING EVIDENCE THAT THE DIVISION MADE "REASONABLE EFFORTS" ...


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