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NEW JERSEY DYFS v. S.S.

855 A.2d 8 (2004)

372 N.J.Super. 13

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. S.S., Defendant-Appellant, and F.S., Defendant. In the Matter of S.S., a Minor.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 2004.

Attorney(s) appearing for the Case

Michael R. Ascher, Denville, argued the cause for appellant (Einhorn, Harris, Ascher, Barbarito, Frost & Ironson, attorneys; Mr. Ascher, on the brief).

Geraldine O. Livengood, Deputy Attorney General, argued the cause for respondent, New Jersey Division of Youth and Family Services (Peter C. Harvey, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Livengood, on the brief).

Yvonne A. DeCicco, Assistant Deputy Public Defender, argued the cause for the minor S.S. (Yvonne Smith Segars, Public Defender, Law Guardian for S.S.; Ms. DeCicco, on the brief).

Before Judges STERN, LEFELT and PAYNE.

The opinion of the court was delivered by

PAYNE, J.A.D.

S.S., the wife of F.S. and the mother of a twenty-one month old infant boy, appeals from a determination on October 8, 2002 by the family court following a fact-finding hearing, memorialized in an order dated October 31, 2002, that she abused or neglected her infant son by failing to appreciate the continuing risk of harm posed by the actions of her husband, see N.J.S.A. 9:6-8.21c(4)(b), thereby...

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