Opinion
No. 12–P–50.
2012-06-20
Care and Protection of ZELLA.
By the Court (CYPHER, KAFKER & GRAHAM, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The father appeals from an order dated January 10, 2011, and a judgment dated April 12, 2011, that concluded that he was unfit to assume parental responsibility for Zella, determining that she was in need of care and protection, and awarding permanent custody to the Department of Children and Families (department). All of the parties agree that the finding of unfitness was not supported by the evidence. After review of the record, we agree.
The department additionally argues that because Zella is living in New Jersey with her father, with the approval of the Juvenile Court, and the mother and father now share legal custody, the findings of the judge that the father was unfit is moot. As it is unclear what, if any, effect the erroneous finding may have on the proceedings in New Jersey, we decline to hold that the matter is moot. Accordingly, as to the father, we reverse the order and judgment of January 10, 2011, and April 12, 2011, respectively, and dismiss the care and protection proceedings.
So ordered.