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New Jersey Division of Youth and Family Services v. R.G.

June 5, 2008

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT,
v.
R.G., DEFENDANT-APPELLANT.
IN THE MATTER OF THE GUARDIANSHIP OF J.C.G., A MINOR.
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT,
v.
H.L.F., DEFENDANT-APPELLANT, AND C.B., DEFENDANT.
IN THE MATTER OF THE GUARDIANSHIP OF M.H.G. AND J.C.G., MINORS.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County, Docket No. FG-13-65-07.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 21, 2008

Before Judges Cuff, Lihotz and Simonelli.

The Division of Youth and Family Services (Division) brought this action, seeking the termination of the parental rights of defendant, H.L.F., to her daughter, M.H.G.*fn1 , born July 25, 2002, and her son, J.C.G., born August 3, 2004; and the termination of the parental rights of defendant, R.G., to his son, J.C.G. Following a non-jury trial, Judge Guadagno rendered a written decision and entered judgment in favor of the Division.

In this appeal, H.L.F. raises the following arguments:

POINT I THE DIVISION FAILED TO ESTABLISH BY CLEAR AND CONVINCING EVIDENCE THAT IT IS NECESSARY TO TERMINATE H.L.F.'S PARENTAL RIGHTS IN ORDER TO PROTECT HIS CHILDREN'S BEST INTERESTS.

A. Standard of Review

B. The State Failed to Prove The Second Prong Because There is No Clear and Convincing Evidence that H.L.F. Failed to Eliminate the Harm

1. Court's Factual Errors

a. Court Overlooked Several Other Evaluations by Dr. Berman.

b. The Court Misstated Dr. Berman's Diagnosis.

c. Court Ignored Other Members of UMDNJ ...


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