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

December 13, 2011

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT,
v.
E.B., DEFENDANT-APPELLANT. IN THE MATTER OF THE GUARDIANSHIP OF J.T.X.B., A MINOR



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Hudson County, Docket No. FG-09-147-10.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 12, 2011

Before Judges Messano, Espinosa and Kennedy.

Defendant E.B. appeals from the Family Part's December 8, 2010 order terminating her parental rights to her son, J.T.X.B. Defendant raises the following points on appeal:

POINT I. THE TRIAL COURT MISAPPLIED THE APPROPRIATE LEGAL STANDARDS AND AS A RESULT ERRED IN TERMINATING E.B.'S PARENTAL RIGHTS WHERE THERE WAS NOT CLEAR AND CONVINCING PROOF SUFFICIENT TO SATISFY THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a).

A.

There Was Not Clear and Convincing Evidence To Support The Trial Court's Determination that E.B. was Unwilling or Unable to Parent Her Child and the Trial Court's Decision Is Not Supported by Substantial Credible Evidence.

B.

The Division's Efforts to Reunify the Family Were Insufficient to Satisfy Its Obligations Under The Third Prong.

We have considered these arguments in light of the record and applicable legal standards. We affirm.

I.

J.T.X.B. was born on November 1, 2008, when defendant was thirty-one years old. He was the defendant's sixth child.*fn1 None of J.T.X.B.'s siblings, who range in age from fourteen years to three years, are in E.B.'s custody. Two of the children are in the legal and physical custody of their maternal grandmother and the remainder have been adopted by others.

The involvement of the Division of Youth and Family Services (DYFS or the Division) began shortly after the birth of J.T.X.B., when the maternity hospital called the Division to report that the child was born with intrauterine exposure to cocaine. The Division's investigation resulted in an emergency removal of J.T.X.B. from defendant's custody and the placement of J.T.X.B. in foster ...


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