New Jersey Division of Youth and Family Services v. R.D., A-2 September Term 2010; Supreme Court; opinion by Rivera-Soto, J.; decided July 20, 2011. On certification to the Appellate Division, 412 N.J. Super. 389 (App. Div. 2010). [Sat below: Judges Graves, Sabatino and Newman in the Appellate Division; Judge Fineman in the Chancery Division, Family Part.] DDS No. 20-1-2976 [50 pp.]
An investigation by the Division of Youth and Family Services (DYFS) resulted in the emergency removal and temporary foster care placement of defendant’s children, based on the allegation that he sexually molested his daughter. The Family Part, acting under Title 9, determined removal was necessary to avoid an ongoing risk to the children. On the return date, the court reaffirmed its determinations and scheduled a fact-finding hearing, noting that the burden of proof “is preponderance of the evidence or clear and convincing” evidence.
