STATE OF NEW JERSEY DIVISION OF YOUTH AND FAMILY
SERVICES V. T.G. - IMO THE GUARDIANSHIP OF R.V., MINOR
A-6187-08T4 07-21-10
Defendant appeals from the denial of her Rule 4:50-1 motion
to set aside her voluntary surrender of parental rights to DYFS.
We noted the statute governing this form of surrender, N.J.S.A.
30:4C-23, provides a vehicle to effectuate a permanent plan for
a child, but does not create a framework to review post-judgment
requests by a parent to vacate their decision.
Based on the similarities between surrenders to other
approved agencies under Title 9 and those to the Division in
lieu of proceeding to guardianship under Title 30, we discerned
no impediment to applying the requisites delineated in N.J.S.A.
9:3-41(a) to a proceeding governed by N.J.S.A. 30:4C-23. The
analysis of a motion to vacate must also be guided by the two-
pronged examination articulated in In re Guardianship of J.N.H.,
172 N.J. 440, 474 (2002): first, a parent must identify a change
of circumstances fitting one of the basis set forth in Rule
4:50-1 and, second, show by clear and convincing evidence that
vacating the judgment is in the child's best interest and will
not impair the child's stability and permanency.approved agencie
