NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS.
IN THE MATTER OF N.S. AND S.S.
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