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NEW JERSEY DIV. OF YOUTH AND FAMILY SERVICES v. A.W.

103 N.J. 591 (1986)

512 A.2d 438

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-APPELLANT, v. A.W. AND R.W., JR., DEFENDANTS-RESPONDENTS. IN THE MATTER OF E.W., K.W., R.W., III, M.W., AND J.W., MINORS.

The Supreme Court of New Jersey.

Decided July 30, 1986.

Attorney(s) appearing for the Case

Lauren Fleischer Carlton, Deputy Attorney General, argued the cause for appellant New Jersey Division of Youth and Family Services (W. Cary Edwards, Jr., Attorney General of New Jersey, attorney; Andrea Silkowitz, Deputy Attorney General, of counsel).

Catherine M. Brooks, Assistant Deputy Public Defender, argued the cause for respondents E.W., K.W., R.W., III, M.W., and J.W. (Thomas S. Smith, Jr., Acting Public Defender, attorney).

Sam Denstman, argued the cause for respondent R.W., Jr.

Barry D. Berman, Designated Counsel, argued the cause for respondent A.W. (Thomas S. Smith, Jr., Acting Public Defender, attorney).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the standard for termination of parental rights under N.J.S.A. 30:4C-15 and -20. We hold that the trial court incorrectly emphasized the economic and social disadvantages of respondent-parents as factors that excused or outweighed in significance the essentially uncontradicted showing of serious harm suffered by the children as a result of a lack of nurturing care in the home. We direct...

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