On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Warren County, Docket No. FG-21-04-07.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 29, 2009
Before Judges Lisa and Alvarez.
Defendants M.G. and L.G. appeal from the trial court's April 22, 2008 termination of their parental rights pursuant to N.J.S.A. 30:4C-15.1(a). Guardianship of their child S.G., born January 19, 2006, was awarded to the New Jersey Division of Youth and Family Services (the Division). For the reasons that follow, we affirm.
M.G. raises as points of error the following:
THE TRIAL COURT ERRED BY TERMINATING THE FATHER'S PARENTAL RIGHTS BECAUSE ALTERNATIVES TO TERMINATION AND ADOPTION, INCLUDING CUSTODY BY THE CHILD'S MATERNAL AUNT, WERE NOT PROPERLY CONSIDERED.
THE ORDER TERMINATING THE FATHER'S PARENTAL RIGHTS MUST BE REVERSED BECAUSE THE NJ DIVISION OF YOUTH AND FAMILY SERVICES DID NOT MAKE REASONABLE EFFORTS TO REUNITE THE CHILD WITH HIS FATHER.
THE COURT ERRED IN FINDING THAT THE DIVISION HAD SATISFIED THE FIRST PRONG OF THE BEST INTERESTS TEST, AS THE TRIAL TESTIMONY INDICATED THAT THE CHILD WAS UP TO DATE WITH HEALTH CARE AND DOING WELL AT THE TIME OF REMOVAL.
THE ORDER TERMINATING THE FATHER'S PARENTAL RIGHTS MUST BE REVERSED BECAUSE THE DIVISION FAILED TO PROVE THAT TERMINATION OF PARENTAL RIGHTS WOULD NOT DO MORE HARM THAN GOOD.
L.G. makes the following contentions of error:
THE DECISION TO TERMINATE [L.G.'S] PARENTAL RIGHTS WAS NOT SUPPORTED BY CLEAR AND CONVINCING EVIDENCE AND TESTIMONY.
PRONGS 1 & 2: THE TRIAL COURT ERRED IN CONCLUDING THAT DYFS HAD DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE THAT [L.G.'S] RELATIONSHIP WITH HER SON HAS CAUSED OR WILL CAUSE ENDURING HARM.
PRONG 3: THE TRIAL COURT ERRED IN CONCLUDING THAT DYFS HAD DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE THAT IT HAD MADE REASONABLE EFFORTS TO PROVIDE SERVICES TO [L.G.].
PRONG 4: THE TRIAL COURT ERRED IN CONCLUDING THAT DYFS HAD DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE THAT THE TERMINATION OF [L.G.'S] PARENTAL ...