New Jersey Div. of Youth v. Is
30 A.3d 1073
| N.J. Super. Ct. App. Div. | 2011Background
- I.S. moved for reconsideration of our prior decision in DYFS v. I.S.
- I.S. argues a court cannot retain jurisdiction absent a finding of abuse or neglect.
- Division opposes reconsideration on some points but concedes statutory scope is limited to its plain meaning.
- The Law Guardian seeks clarification about burdens of proof at fact-finding and in N.J.S.A. 30:4C-12 actions.
- Court clarifies burdens of proof do not change; reaffirming prior standards.
- Prior orders from January 18, 2008 and June 24, 2010 remain affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can court jurisdiction continue without abuse/neglect finding | I.S. argues no ongoing jurisdiction absent neglect/abuse finding | Division contends no unexpected expansion of 9:6-8.50c beyond its plain meaning | No change in burden; jurisdiction limited by statute remains as previously held |
| Burden of proof in abuse/neglect proceedings | I.S. and court adviser rely on underlying findings | Division maintains standard is preponderance | Abuse/neglect proceedings require preponderance of the evidence |
| Burden of proof in Title 30 termination actions | I.S. argues standard beyond preponderance | Division accepts clear and convincing in termination actions | Clear and convincing evidence is required for termination in Title 30 actions |
| Impact of reconsideration on burdens of proof | Reconsideration might alter burden in certain actions | Reconsideration does not alter the established burdens except as clarified | Burdens clarified; no substantive change to standard beyond those set forth |
Key Cases Cited
- New Jersey Div. of Youth & Family Servs. v. N.S., 412 N.J. Super. 593 (App.Div.2010) (abuse/neglect standard, preponderance standard applied)
- New Jersey Div. of Youth & Family Servs. v. M.M., 189 N.J. 261 (2007) (clear and convincing standard for termination; best interests)
- Liberty Mut. Ins. Co. v. Land, 186 N.J. 163 (2006) (preponderance generally governs civil actions)
- Seven Thousand Dollars, 136 N.J. 223 (1994) (standard of proof generally preponderance in civil matters)