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In re Guardianship of A.R.B.

December 24, 2007

IN THE MATTER OF THE GUARDIANSHIP OF A.R.B., A MINOR.
DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT,
v.
L.E.E., JR. DEFENDANT-APPELLANT.
IN THE MATTER OF THE GUARDIANSHIP OF A.R.B., A MINOR.
DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT,
v.
L.A.B., DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Union County, Docket No. FG-20-25-05.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 3, 2007

Before Judges Parrillo, Graves and Alvarez.

In these consolidated appeals, defendant L.E.E. is the father, and defendant L.A.B. is the mother of A.R.B. (fictitiously, Andrea), who was born on October 15, 1999. Defendants appeal from a judgment of guardianship terminating their parental rights and awarding guardianship of their daughter to the Division of Youth and Family Services (DYFS or the Division) for purposes of consenting to adoption.

On appeal, L.E.E. presents 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 CHILD 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 CHILD.

(C) THERE DID NOT EXIST CLEAR AND CONVINCING EVIDENCE THAT THE DIVISION MADE "REASONABLE EFFORTS" TO PROVIDE SERVICES TO L.E.E., JR.

(D) THE COURT'S FINDINGS THAT TERMINATION OF PARENTAL RIGHTS WILL NOT DO MORE HARM THAN GOOD IS NOT SUPPORTED BY CLEAR AND CONVINCING EVIDENCE.

POINT II

THE TRIAL JUDGE'S CONDUCT DENIED APPELLANT A FAIR TRIAL IN CONTRAVENTION OF THE DUE PROCESS CLAUSES OF THE UNITED ...


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