DIVISION OF CHILD PROT. v. D.C.A.

A-44 September Term 2022 087604.

304 A.3d 660 (2023)

256 N.J. 4

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. D.C.A., Defendant-Appellant, and J.J.C.B., Defendant. In the Matter of the Guardianship of I.A.C.C., J.S.C.C., A.I.C.C. and I.C.C., Minors-Respondents.

Supreme Court of New Jersey.

Decided November 16, 2023.


Attorney(s) appearing for the Case

John A. Albright , Assistant Deputy Public Defender, argued the cause for appellant D.C.A. ( Joseph E. Krakora , Public Defender, Office of Parental Representation, attorney; John A. Albright, of counsel and on the briefs).

Eleanor M. Armstrong , Newark, Assistant Attorney General, argued the cause for respondent New Jersey Division of Child Protection and Permanency ( Matthew J. Platkin , Attorney General, attorney; Melissa H. Raksa , Trenton, and Sara M. Gregory , Trenton, Assistant Attorneys General, of counsel, and Eleanor M. Armstrong and Mary L. Harpster , Deputy Attorney General, on the briefs).

Neha Gogate , Assistant Deputy Public Defender, argued the cause for minors I.A.C.C., J.S.C.C., A.I.C.C., and I.C.C. ( Joseph E. Krakora , Public Defender, Office of the Law Guardian, attorney; Meredith Alexis Pollock , Deputy Public Defender, of counsel, and Neha Gogate, of counsel and on the briefs).

Mary M. McManus-Smith argued the cause for amicus curiae Legal Services of New Jersey (Legal Services of New Jersey, attorneys; Mary M. McManus-Smith, Dawn K. Miller , Sylvia L. Thomas , Chiori Kaneko , Anne Gowen , Highland Park, and Jonnelle Casey , on the brief).

Randi Mandelbaum argued the cause for amici curiae Rutgers Child Advocacy Clinic and the Advocates for Children of New Jersey (Rutgers Law School Child Advocacy Clinic and Advocates for Children of New Jersey, attorneys; Randi Mandelbaum and Mary E. Coogan , on the brief).


The Legislature has long mandated that in order for a Family Part judge to terminate parental rights, the New Jersey Division of Child Protection and Permanency (Division) must prove by clear and convincing evidence all four prongs of the "best interests" test set forth in N.J.S.A. 30:4C-15.1...

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