New Jersey Division of Youth and Family Services, Plaintiff-Respondent v. R.G., Defendant-Respondent, and J.G…

Summary

The Court reversed the Appellate Division and reinstated the Family Part's refusal to terminate the incarcerated father's parental rights because the Division did not prove all four statutory termination criteria by clear and convincing evidence. The Court held that incarceration alone cannot establish parental unfitness or abandonment and that the inquiry must examine the parent's conduct, relationship with the child, rehabilitation, and the effect of continued contact on the child. The Division also failed to make reasonable, individualized efforts to provide services to the father and failed to establish that severing the relationship would do more harm than good. No separate opinions were issued.