Opinion
DOCKET NO. A-3443-11T2 DOCKET NO. A-3447-11T2
05-07-2013
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, Plaintiff-Respondent, v. T.C. and C.S., Defendants-Appellants. IN THE MATTER OF J.L.S. and C.A.S., minors.
Joseph E. Krakora, Public Defender, attorney for appellant T.C. (Allison Haltmaier, Designated Counsel, on the brief). Joseph E. Krakora, Public Defender, attorney for appellant C.S. (Alan I. Smith, Designated Counsel, on the briefs). Jeffrey S. Chiesa, Attorney General, attorney for respondent (Andrea Fonseca-Romen, Deputy Attorney General, on the statement in lieu of brief). Joseph E. Krakora, Public Defender, Law Guardian, attorney for minors J.L.S. and C.A.S. (Phyllis G. Warren, Assistant Deputy Public Defender, on the brief).
RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
Before Judges Lihotz and Ostrer.
On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Camden County, Docket No. FN-04-130-12.
Joseph E. Krakora, Public Defender, attorney for appellant T.C. (Allison Haltmaier, Designated Counsel, on the brief).
Joseph E. Krakora, Public Defender, attorney for appellant C.S. (Alan I. Smith, Designated Counsel, on the briefs).
Jeffrey S. Chiesa, Attorney General, attorney for respondent (Andrea Fonseca-Romen, Deputy Attorney General, on the statement in lieu of brief).
Joseph E. Krakora, Public Defender, Law Guardian, attorney for minors J.L.S. and C.A.S. (Phyllis G. Warren, Assistant Deputy Public Defender, on the brief). PER CURIAM
In this consolidated appeal, defendants appeal from the trial court's January 20, 2012 fact-finding order concluding that they had placed their children, J.L.S. and C.A.S., at risk of harm, under N.J.S.A. 30:4C-12. The order was entered after a four-day fact-finding hearing. The court also entered an order on January 20, 2012, terminating the litigation, and, with the parents' consent, allowing the children to remain in the custody of their paternal grandmother, B.S.
The parents argue that the Division failed to prove that they were unable to ensure the health and safety of their children. The Law Guardian agrees that the court's finding under N.J.S.A. 30:4C-12 was unsupported by the record. In response, the Division states that it does not oppose reversal of the court's finding, and takes no position on whether to remand for consideration of the parents' application for return of custody of the children.
Given the lack of adversity between the parties, further discussion of the merits is not warranted. We therefore reverse the court's fact-finding order, and remand to the trial court for its consideration of any applications regarding custody that the parents may file.
Reversed and remanded.
I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION