08-13-09 STATE OF NEW JERSEY IN THE INTEREST OF Z.W.
A-4759-07T4
Pursuant to N.J.S.A. 9:6-8.10a(b)(6), DYFS disclosed a
confidential report to the prosecutor in a pending juvenile
matter. Defense counsel sought discovery of the report; the
prosecutor requested the judge to conduct a preliminary in
camera review. The judge denied the request and ordered the
prosecutor to review the report to determine whether it should
be disclosed, in whole or in part, to defense counsel and, if
so, to disclose it; the judge also ordered the prosecutor to
obtain an additional DYFS report, and to review it and disclose
to defense counsel any part of the report the prosecutor deemed
to be discoverable.
We reversed and remanded for in camera review of both
reports prior to disclosure to defense counsel. We held that
N.J.S.A. 9:6-8.10a does not authorize the release of
confidential DYFS reports to third parties not identified as
authorized recipients of such reports in N.J.S.A. 9:6-8.10a(b)
without an in camera review to determine if such disclosure is
essential to the resolution of any issue before the court.
(Approved for Publication Date).
