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Legal Opinion

New Jersey Division of Youth & Family Services v. H.B. & L.M.B.

New Jersey Superior Court Appellate Division

Decided February 16, 2005PublishedCited by 10 opinions

1Opinion of the Court

The opinion of the court was delivered by

FUENTES, J.A.D.

In this appeal, we hold that certain evidentiary rulings and factual findings made by the Family Part used to uphold its decision to dismiss this child sexual abuse case were erroneous and not based on competent evidence. The court’s final determi*154nation was thus legally insupportable, requiring that the matter be remanded for a new fact-finding hearing.

We also hold that in adopting Megan’s Law, N.J.S.A. 2C:7-1 to -19, and the child protection laws embodied in Title 9, the Legislature envisioned, as a matter of public policy, a…

2Cases cited13 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Rova Farms Resort, Inc. v. Investors Insurance Co. of AmericaSupreme Court of New Jersey · 1974
  3. Cesare v. CesareSupreme Court of New Jersey · 1998
  4. Nieder v. Royal Indemnity InsuranceSupreme Court of New Jersey · 2004
  5. State v. CofieldSupreme Court of New Jersey · 1992

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3Cited by10 opinions

  1. DCPP VS. A.A. AND E.M., IN THE MATTER OF THE GUARDIANSHIP OF L.M., EZ.M., J.M., AND A.M. (FG-13-0028-18, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2020
  2. DCPP VS. A.M. AND T.J.C., IN THE MATTER OF THE GUARDIANSHIP OF T.H.C. (FG-21-0114-18, WARREN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2019
  3. DCPP VS. C.R. AND M.T.C., IN THE MATTER OF THE GUARDIANSHIP OF A.C.C. (FG-11-0020-17, MERCER COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2018
  4. DCPP VS. D.H. AND N.T., IN THE MATTER OF THE GUARDIANSHIP OF C.H., N.H., AND A.H. (FG-13-0092-16, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED)New Jersey Superior Court Appellate Division · 2018
  5. DCPP VS. M.S., JR., K.M. AND M.J., IN THE MATTER OF THE GUARDIANSHIP OF S.L.M. AND A.M.S. (FG-11-0051-17, MERCER COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2018

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