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New Jersey Division of Child Protection and Permanency v. M.R.

Superior Court of New Jersey, Appellate Division

December 12, 2013

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent,
v.
M.R., Defendant-Appellant. IN THE MATTER OF THE GUARDIANSHIP OF A.I.R., a minor.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 13, 2013

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FG-07-30-13.

Joseph E. Krakora, Public Defender, attorney for appellant (Ruth Harrigan, Designated Counsel, on the brief).

John J. Hoffman, Acting Attorney General, attorney for respondent (Andrea M. Silkowitz, Assistant Attorney General, of counsel and on the brief).

Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor A.I.R. (Sean Lardner, Designated Counsel, on the brief).

Before Judges Fisher, Espinosa and Koblitz.

PER CURIAM

Defendant M.R. appeals from the termination of her parental rights to her daughter, A.I.R., who was born in October 2011. We affirm, substantially for the reasons set forth by Judge Garry J. Furnari in his oral opinion.

N.J.S.A. 30:4C-15.1(a) authorizes the Division of Child Protection and Permanency (the Division) to petition for the termination of parental rights in the "best interests of the child" if the following standards are met:

(1) The child's safety, health or development has been or will continue to be endangered by the parental relationship;
(2) The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm. Such harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or psychological harm to the child;
(3) The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child's placement outside the home and the court has considered ...

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