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

June 18, 2008

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



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FG-07-153-05.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 4, 2008

Before Judges Lihotz, Simonelli and King.

The Division of Youth and Family Services (Division) brought this action, seeking the termination of the parental rights of defendant R.B. to his children, A.B., born September 24, 2000, and N.H.B., born November 12, 2003. Following a non- jury trial, Judge Grant rendered a written decision and entered judgment in favor of the Division.*fn1

In this appeal, R.B. raises the following arguments:

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

A. The State Failed to Prove The First Prong Because the Children's Health and Safety is Not Endangered by R.B.

B. The State Failed to Prove The Second Prong Because R.B. Is Capable of Eliminating the Harm.

C. The State Failed to Prove The Third Prong Because It Failed to Make Any Efforts Whatsoever to Provide R.B. with Appropriate Services.

1. DYFS Ignored J.B.

2. A.B.'s and N.B.'s Rights Were Violated.

D. The State Failed To Prove That Terminating R.B.'s Parental Rights Would Not ...


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