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Wednesday, October 7, 2009

10-01-09 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.L. A-1103-08T2

10-01-09 NEW JERSEY DIVISION OF YOUTH AND FAMILY
SERVICES v. J.L.
A-1103-08T2
In this decision, we reverse the final decision of the
Director of the Division of Youth and Family Services (DYFS)
finding that J.L. had committed an act of child neglect as
defined by N.J.S.A. 9:5-8.21c(4)(b), determining that willful
and wanton misconduct was not demonstrated. Additionally, we
again query whether inclusion on the Central Registry prior to
any trial-type hearing of the matter constitutes a deprivation
of due process rights under the federal or state constitution or
is fundamentally unfair. However, we ultimately determine that
the matter is not ripe for our consideration, since J.L. did not
challenge her interim inclusion on the Registry either before
DYFS or by order to show cause in Superior Court, and her appeal
was only from the Director's final decision.

Assistant Editor: Umair Hussain