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N.J. YOUTH & FAMILY SERVICES v. K.M.

136 N.J. 546 (1994)

643 A.2d 987

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-APPELLANT, v. K.M., SR., DEFENDANT-RESPONDENT. NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-APPELLANT, v. R.M., DEFENDANT-RESPONDENT, IN THE MATTER OF: S.W., K.M., JR., AND R.M., MINORS-APPELLANTS. (TWO CASES)

The Supreme Court of New Jersey.

Decided March 11, 1994.

Attorney(s) appearing for the Case

Mark Singer, Deputy Attorney General, argued the cause for appellant Division of Youth and Family Services (Deborah T. Poritz, Attorney General of New Jersey, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel).

Janet L. Fayter argued the cause for appellant Law Guardian on behalf of minors S.W., K.M., Jr., and R.M. (Susan L. Reisner, Acting Public Defender, attorney; James A. Louis, Deputy Public Defender, of counsel; Ms. Fayter, Mr. Louis, and Phyllis G. Warren, Assistant Deputy Public Defender, on the briefs).

Michele A. Adubato, Designated Counsel, argued the cause for respondent K.M., Sr. (Susan L. Reisner, Acting Public Defender, attorney).

Jay M. Grossman, Designated Counsel, argued the cause for respondent R.M. (Susan L. Reisner, Acting Public Defender, attorney).

The opinion of the Court was delivered by GARIBALDI, J.

This appeal concerns the intervention of the New Jersey Division of Youth and Family Services ("DYFS") with one troubled family in two separate court proceedings. DYFS first brought a Title 9 abuse-or-neglect proceeding against defendants seeking temporary custody of their children. The trial court found for DYFS and awarded it custody of the children for eighteen months. While that disposition was still subject...

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