N.J. DIV. OF YOUTH AND FAMILY SERVICES V. N.D. AND E.W., I/M/O T.W.A-0553-09T2 11-29-10
This appeal is from an order entered in protective services litigation that did not comport with due process or the provisions of Title 9 or Title 30 granting and limiting the authority of the Division of Youth and Family Services in custody matters. We detail the deviations to avoid repetition and remand for further proceedings.
This order of disposition was entered in an action for abuse and neglect under Title 9. It transfers custody of a child from his mother to his father for an indefinite period of time, cf. N.J.S.A. 9:6-8.51, and is based on a finding that the modification is in the child's best interests under the standards applicable in private custody disputes, N.J.S.A. 9:2- 4. Although there was a stipulation to circumstances warranting services under Title 30, it did not justify entry of an order under Title 9 without a finding of abuse or neglect or adequate notice and opportunity to present evidence relevant to the child's safety in his mother's care. N.J. Div. of Youth and Family Servs. v. G.M., 198 N.J. 382 (2009).
