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New Jersey Division of Youth and Family Services, Plaintiff-Respondent v. T.G

February 27, 2012

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT,
v.
T.G., DEFENDANT-APPELLANT. IN THE MATTER OF L.D., A MINOR.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FN-12-0195-10.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued December 20, 2011

Before Judges Messano and Kennedy.

Defendant T.G. appeals from orders finding she had abused or neglected L.D., her sixteen-year-old cousin in her custody, by "us[ing] inappropriate forms of discipline," and denying defendant's motion for reconsideration.*fn1 Defendant raises the following points on appeal:

POINT I

T.G. WAS DENIED HER RIGHT TO DUE PROCESS OF LAW AS A RESULT OF DYFS'S RELIANCE ON UNFOUNDED ALLEGATIONS PLED AGAINST T.G. IN THE TITLE 9 COMPLAINT FILED AGAINST HER

POINT II

THE JUDGE ERRED IN RELYING ON THE IN-COURT TESTIMONY OF L.D.

POINT III

THERE DID NOT EXIST SUBSTANTIAL, CREDIBLE EVIDENCE SUPPORTING THE COURT'S FINDING OF NEGLECT AND ABUSE BY A PREPONDERANCE OF EVIDENCE AND THE TRIAL COURT DID NOT PROPERLY APPLY THE LAW TO ITS FINDING OF FACTS

POINT IV

THE DIVISION'S FAILURE TO PROVIDE THE RECORDS OF THE PRIOR UNFOUNDED INVESTIGATIONS VIOLATED T.G.'S RIGHT TO DUE PROCESS OF LAW (Not Raised Below)

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

I.

On February 18, 2010, the Division of Youth and Family Services (DYFS or the Division) filed a verified complaint and order to show cause against defendant and Y.D., L.D.'s mother, seeking care, custody and supervision of L.D.*fn2 The judge entered an order ...


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