Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Sunday, December 11, 2011

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS. I.S. IN THE MATTER OF N.S. AND S.S. A-5793-09T3

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS.

I.S.

IN THE MATTER OF N.S. AND S.S.

A-5793-09T3

We clarify our earlier decision in New Jersey Division of

Youth and Family Services v. I.S., 422 N.J. Super. 52 (App. Div.

2011). We state that our reference to the trial judge's

finding, based upon clear and convincing evidence, that I.S. was

unable to care for her daughters, was illustrative of the

quality of proof presented rather than our alteration of the

preponderance of the evidence standard of proof governing abuse

or neglect proceedings under Title 9.

We also clarify that proceedings under Title 30 are

governed by the preponderance of the evidence standard of proof,

except where the Division seeks an order terminating parental

rights. In such cases, the Division is required to prove that

termination is in the best interests of the child by clear and

convincing evidence. 11-23-11