DCPP v. J.R.-R. AND G.R.-S., IN THE MATTER OF THE GUARDIANSHIP OF A.R.-R. AND G.J.R.-S. (FG-06-0015-19 and FG-06-0056-19, CUMBERLAND COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED)


RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NOS. A-1127-20 A-1202-20 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. J.R.-R. and G.R.-S., Defendants-Appellants. __________________________ IN THE MATTER OF THE GUARDIANSHIP OF A.R.-R. and G.J.R.-S., minors. __________________________ Argued May 31, 2022 – Decided August 12, 2022 Before Judges Rose and Enright. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Cumberland County, Docket Nos. FG-06-0015-19 and FG-06-0056-19. Laura M. Kalik, Designated Counsel, argued the cause for appellant J.R.-R. (Joseph E. Krakora, Public Defender, attorney; Laura M. Kalik, on the briefs). Beth Anne Hahn, Designated Counsel, argued the cause for appellant G.R.-S. (Joseph E. Krakora, Public Defender, attorney; Beth Anne Hahn, on the briefs). Amy Melissa Young, Deputy Attorney General, argued the cause for respondent (Matthew J. Platkin, Acting Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Amy Melissa Young, on the brief). Noel C. Devlin, Assistant Deputy Public Defender, argued the cause for minors (Joseph E. Krakora, Public Defender, Law Guardian, attorney; Meredith Alexis Pollock, Deputy Public Defender, of counsel; Noel C. Devlin, of counsel and on the brief). PER CURIAM In these consolidated appeals, defendants J.R.-R. (Jenny) and G.R.-S. (George) separately challenge the termination of parental rights to their sons, A.R.-R. (Alex) and G.J.R.-S. (Gabriel).1 The Division of Child Protection and Permanency (the Division) brought the within guardianship action pursuant to N.J.S.A. 30:4C-11 to -15.4, after filing an abuse or neglect action under N.J.S.A. 1 We use initials and pseudonyms for defendants, their children, and the resource parents to protect their privacy interests. R. 1:38-3(d)(12). We also refer to defendants and the resource parents by first names for the convenience of the reader. We intend no disrespect in doing so. A-1127-20 2 9:6-8.21 to -8.73. The Title Nine case led to a trial court finding abuse or neglect by a preponderance of the evidence. We upheld that finding on appeal; our Supreme Court reversed.2 Defendants' petitions for certification in the Title Nine action were filed and granted after the guardianship trial started. Although the Court's opinion did not issue until nearly ten months after the entry of a final and amended judgment of guardianship, the parties agreed during the guardianship trial to proceed as if the Court already had ruled in defendants' favor. Through extensive negotiations, counsel made prodigious efforts to exclude or limit the use of certain evidence to ensure the guardianship judge's decision was not influenced by the trial court's Title Nine finding. Defendants contend the efforts of counsel to limit what evidence the guardianship judge could consider failed, and reversal of the December 3 and December 22, 2020 guardianship judgments is warranted. We disagree, persuaded …

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