New Jersey Criminal Defense Attorney Blog

DYFS v. L.L./In the Matter of T.L., ? N.J. ?, 2010 N.J. LEXIS 149 (February 24, 2010) - Denial of motion to vacate kinship legal guardianship affirmed. "We hold that pursuant to N.J.S.A. 3B:12A-6(f), prior to the vacation of a kinship legal guardianship judgment, the court must find by clear and convincing evidence both that the parent has overcome the incapacity or inability to care for the child that led to the original guardianship proceedings, and that termination of kinship legal guardianship is in the best interest of the child. We additionally hold that the party seeking to terminate the kinship legal guardianship has the burden to prove by clear and convincing evidence each of those two criteria." (T. Gary Mitchell, D.P.D., for L.L.; Melissa R. Vance, A.D.P.D., Law Guardian)
http://www.judiciary.state.nj.us/opinions/supreme/A6808DYFSvLL.pdf