DYFS v. T.S. and DYFS v. K.G.IN THE MATTER OF THE GUARDIANSHIP OF M.S. A-5902-08T3/A-5903-08T3 (consolidated) 10-25-10
In this termination of parental rights challenge involving a now twelve-year-old girl, an unusual culmination of post trial events, when taken together, called into question whether the defendant mother had removed the harm precluding reunification and whether the possible detriment posed by keeping the parent- child relationship intact was outweighed by the potential benefits of terminating the mother's parental rights. We are persuaded the additional facts, although not present at the time of trial, must nevertheless be assessed by the trial court before a judgment of guardianship can be entered. We vacated the judgment and remanded to the trial court for further review regarding the evidence bearing on prongs two and four of the best interest test.
