NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES V.
D.M. IN THE MATTER OF THE GUARDIANSHIP OF S.M. (A-6020-08T4) 06-11-10
The issue presented on appeal is whether a parent's
parental rights may be terminated when the New Jersey Division
of Youth and Family Services (DYFS or Division) fails to prove
all prongs of the best interests of the child standard, but
nevertheless, the child may suffer serious psychological or
emotional harm by severing the bond between the child and his or
her foster parents. We conclude that any harm the child may
suffer from severing of that bond cannot, in and of itself,
serve as a legally sufficient basis for termination of the
parent's parental rights. We hold that in such a case, DYFS
must still prove by clear and convincing evidence that the
parent's actions or inactions substantially contributed to the
forming of that bond to where any harm caused to the child by
severing the bond rests at the feet of the parent. Because we
found an absence of that proof, we reversed and remanded for
further proceedings consistent with this opinion.
Judge Skillman filed a concurring opinion.forming of that bond to whe
