NEW JERSEY DIVISION OF YOUTH AND
FAMILY SERVICES VS. M.G. IN THE MATTER OF THE GUARDIANSHIP OF A.R.G., A MINOR A-4608-10T1
The defendant in this termination
of parental rights case was represented by counsel and regularly appeared at
scheduled hearings in the Title 9 and Title 30 proceedings. We consider whether
it was proper to enter default against him based upon his sporadic failures to
comply with orders that required him to submit to evaluations and obtain
services and conclude that it was not. This error was compounded by the trial
court's error in repeatedly referring to the standard applicable to a motion to
vacate default judgment as the standard to be applied in a motion to vacate
default. We further find it was an abuse of discretion to allow DYFS, over
counsel's objection, to rely upon the written reports of psychological and
bonding experts without producing them as witnesses. The flaws in the
procedures here resulted in a failure to provide M.G. with the
"fundamentally fair procedures" required before his parental rights
could be terminated. We therefore reverse the termination order and remand for
a new trial. 07-23-12
