New Jersey Division of Youth & Family Services v. A.W.

The opinion of the Court was delivered by

O’HERN, J.

This appeal concerns the standard for termination of parental rights under N.J.S.A. 30:40-15 and -20. We hold that the trial court incorrectly emphasized the economic and social disadvantages of respondent-parents as factors that excused or outweighed in significance the essentially uncontradicted showing of serious harm suffered by the children as a result of a lack of nurturing care in the home. We direct that the matter be promptly reconsidered in light of the applicable legal standards with the goal of permanently settling the situation…