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Monday, October 23, 2017

DCPP VS. P.D. AND A.W. IN THE MATTER OF THE GUARDIANSHIP OF S.D. A-5437-14T4

DCPP VS. P.D. AND A.W. 
IN THE MATTER OF THE GUARDIANSHIP OF S.D. 
A-5437-14T4 

In this appeal, we hold: (1) the Division of Child Protection and Permanency (Division) established all of the criteria for termination of parental rights in N.J.A.C. 30:4C-15.1(a), where defendant father essentially abandoned the child to the care of others, was deported and failed to maintain contact with the child for several years, the child formed a bond with her foster parent, and the Division's expert testified that the child would suffer severe and enduring harm if removed from the foster home, which defendant could not ameliorate; (2) the Vienna Convention of Consular Relations, April 23, 1963, 21 U.S.T. 77, did not require consular notice in this matter or the prior child protection proceedings because the child was a citizen of the United States; and (3) defendant father failed to establish that he was denied the effective assistance of counsel in the guardianship action.