NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.S. and J.S.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1408-04T41408-04T4

NEW JERSEY DIVISION OF YOUTH AND

FAMILY SERVICES,

Plaintiff-Respondent,

v.

A.S.,

Defendant-Appellant,

and

J.S.,

Defendant.

IN THE MATTER OF THE

GUARDIANSHIP OF S.Y.S.D.,

J.M.S.D. and C.L.S.D.,

Minors.

_____________________________________

 

Submitted September 12, 2005 - Decided

Before Judges Cuff and Gilroy.

On appeal from the Superior Court, Chancery Division, Family Part, Salem County, Docket No. FG-17-08-04.

Yvonne Smith Segars, Public Defender, attorney for appellant A.S. (Gladys Moriarty, Designated Counsel, on the brief).

Peter C. Harvey, Attorney General, attorney for respondent (Michael Haas, Deputy Attorney General, of counsel; Scott J. Kieserman, Deputy Attorney General, on the brief).

Yvonne Smith Segars, Public Defender, Law Guardian for minors S.Y.S.D., J.M.S.D. and C.L.S.D. (Lisa C. Castaneda, Assistant Deputy Public Defender, on the brief).

PER CURIAM

A.S., the biological mother of twin girls, S.Y.S.D. and J.M.S.D., born February 16, 2001, and of C.L.S.D., born January 29, 2002, appeals from a final order of judgment of guardianship terminating her parental rights to the three children. J.S. was named in the action as the purported father of the twin girls but was ruled out as the biological father by paternity testing. A.S. subsequently signed an affidavit stating that she did not know the identity of the father of the twin girls. J.S., who is the biological father of C.L.S.D., failed to appear in the action and was defaulted on September 11, 2003. The matter was tried before Judge Harold Johnson on April 22 and 29, May 7 and 14, July 1, August 3 and 4, and September 14, 2004. On October 15, 2004, Judge Johnson issued a written decision, confirmed by order of judgment for guardianship entered on October 22, 2004, terminating the parental rights of A.S. to the three children and J.S. to C.L.S.D.

On appeal, A.S. argues that the New Jersey Division of Youth and Family Services (DYFS) failed to establish by clear and convincing evidence that the order of termination is in the best interest of the three children. The law guardian supports the decision below, which frees the three children for adoption by their foster parents, who are willing to and capable of caring for the three children.

Judicial determinations of whether DYFS has established each of the four parts of the required statutory standard to support termination of parental rights of a natural parent are fact sensitive. N.J. Div. of Youth and Family Servs. v. F.M., 375 N.J. Super. 235, 258-59 (App. Div. 2005). A trial judge is required to sift through the evidence presented in the case, make judgments concerning witnesses' credibility and determine whether DYFS has established each of the four statutory criteria by clear and convincing evidence. On appeal factual findings and conclusions of the trial judge are generally given deference, especially when the evidence is "largely testimonial and involves questions of credibility." Cesare v. Cesare, 154 N.J. 394, 412 (1998) (quoting In re Return of Weapons to J.W.D., 149 N.J. 108, 117 (1997)). An appellate court should not disturb the "'factual findings and legal conclusions of the trial judge unless [it is] convinced that they are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to offend the interests of justice.'" Cesare, supra, 154 N.J. at 412 (1998) (alteration in original) (quoting Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474, 484 (1974)).

We have considered the arguments advanced by the appellant in light of the record below, and for the reason stated by Judge Johnson in his comprehensive and thoughtful decision of October 15, 2004, we conclude that the evidence clearly and convincingly establishes that the three children's best interest, assessed under statutory standards set forth in N.J.S.A. 30:4C-15.1a, warrants termination of A.S.'s parental rights. See In re Guardianship of K.H.O., 161 N.J. 337, 348 (1999).

Affirmed.

 

A.S. is also the biological mother of a fourth child who is not subject to this guardianship proceeding.

(continued)

(continued)

4

A-1408-04T4

RECORD IMPOUNDED

September 21, 2005