In Re the Guardianship of DMH

I concur in the judgment of the Court. My reasoning is essentially set forth in the companion case of In re Guardianship of K.H.O., 161 N.J. 337, 736 A.2d 1246 (1999), also decided today.

In this case, the Appellate Division correctly held that the standard for termination of parental rights had not been established by the requirement of clear and convincing evidence. 309 N.J.Super. at 192, 706 A.2d 1129 (1998). The trial record failed to establish convincingly the third prong of the standard for termination of parental rights, that the Division of Family and Youth Services (DYFS) made…