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New Jersey Division of Youth and Family Services v. E.T.

December 1, 2009

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT,
v.
E.T., DEFENDANT-APPELLANT.
IN THE MATTER OF THE GUARDIANSHIP OF D.S., MINOR.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Monmouth County, FG-13-60-08.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 2, 2009

Before Judges Rodríguez, Reisner and Chambers.

The Division of Youth and Family Services (DYFS) brought this litigation to terminate the parental rights of E.T. (mother) and R.S. (father) to their son D.S. born on September 2, 2005. At the conclusion of the trial testimony, R.S. entered into an identified surrender, voluntarily giving up his parental rights in favor of D.S.'s current caregivers.*fn1 The case proceeded against E.T., resulting in the judgment of January 15, 2009, terminating her parental rights to D.S.

E.T. now appeals that judgment, raising the following issues:

POINT I

THE ADJUDICATION OF THIS MATTER WAS FUNDAMENTALLY UNFAIR TO APPELLANT.

POINT II

THE ELEMENTS OF N.J.S.A. 30:4C-15.1 WERE NOT PROVEN BY CLEAR AND CONVINCING EVIDENCE.

(A)

WITH HER DEPRESSION UNDER TREATMENT AND IN REMISSION, THERE IS NO HARM POSED TO D.S. BY E.T.'S ...


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