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New Jersey Division of Child Protection & Permanency v. A.J.

Superior Court of New Jersey, Appellate Division

September 16, 2013

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent,
v.
A.J., Defendant-Appellant. IN THE MATTER OF THE GUARDIANSHIP OF A.E.V.J., a minor.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 9, 2013

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Passaic County, Docket No. FG-16-07-12.

Joseph E. Krakora, Public Defender, attorney for appellant (Albert M. Afonso, Designated Counsel, on the brief).

John J. Hoffman, Acting Attorney General, attorney for respondent New Jersey Division of Child Protection and Permanency (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Swang Oo, Deputy Attorney General, on the brief).

Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor-respondent A.E.V.J. (Lisa M. Black, Designated Counsel, on the brief).

Before Judges Kennedy and Guadagno.

PER CURIAM

Defendant A.J. appeals the termination of her parental rights to her daughter, A.E.V.J. (Alice)[1], born August 21, 2010. Following trial, the Family Part entered judgment terminating defendant's parental rights and awarding guardianship of Alice to the Division of Youth and Family Services (the Division).[2]

On appeal, defendant argues the following:

I. THE DIVISION FAILED TO MEET ITS BURDEN OF PROOF 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. The Division Did Not Prove By Clear And Convincing Evidence That [Defendant] Harmed Her Child [Alice] And Therefore The Trial Court's Determination As To The First Prong Of The Statute Is Not Supported By Substantial, Credible Evidence.
B. There Was Not Clear And Convincing Evidence To Support The Trial Court's Determination That [Defendant] Was Unwilling Or Unable To Parent [Alice] And The Trial Court's Decision Is ...

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