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New Jersey Division of Youth and Family Services v. J.V.

Superior Court of New Jersey, Appellate Division

May 30, 2013

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, [1] Plaintiff-Respondent,
v.
J.V., SR., Defendant-Appellant. IN THE MATTER OF THE GUARDIANSHIP OF J.V., JR., a Minor.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 22, 2013

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FG-02-85-11.

Joseph E. Krakora, Public Defender, attorney for appellant (Carolyn V. Bostic, Designated Counsel, on the brief).

Jeffrey S. Chiesa, Attorney General, attorney for respondent New Jersey Division of Youth and Family Services (Andrea M. Silkowitz, Assistant Attorney General, of counsel and on the brief).

Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor J.V., Jr. (Sean Lardner, Designated Counsel, on the brief).

Before Judges Graves, Ashrafi, and Espinosa.

PER CURIAM

Defendant J.V., Sr., (J.V.) appeals from a judgment entered on February 22, 2012, terminating his parental rights to his son, J.V., Jr., who was born on June 16, 2009. The child has resided in the home of his maternal grandmother, D.A., and maternal grandfather, A.A., since birth. D.J., the child's mother, surrendered her parental rights to J.V., Jr., to her parents during a case management conference on July 13, 2011. The Law Guardian for the child supports the termination of J.V.'s parental rights.

On appeal, J.V. presents the following arguments:
POINT I
THE TRIAL COURT ERRED IN TERMINATING THE FATHER'S PARENTAL RIGHTS WHERE DYFS FAILED TO ESTABLISH ALL OF THE ELEMENTS OF N.J.S.A. 30:4C-15.1 BY CLEAR AND CONVINCING EVIDENCE.
A. THE TRIAL COURT ERRED IN FINDING THAT DYFS HAD DEMONSTRATED BY CLEAR AND CONVINCING EVIDENCE, THAT THE SAFETY, HEALTH OR DEVELOPMENT OF THE CHILD HAD BEEN OR WOULD CONTINUE TO BE ENDANGERED BY THE PARENTAL RELATIONSHIP WITH THE FATHER.
B. THE TRIAL COURT ERRED IN FINDING THAT DYFS HAD DEMONSTRATED, BY CLEAR AND CONVINCING EVIDENCE, THAT THE FATHER IS UNWILLING OR UNABLE TO ...

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