Supreme Court of New Jersey
New Jersey Division of Youth and Family Services, Plaintiff-Appellant v. P.P. and S.P., Defendants-Respondents. in…
July 27, 2004180 N.J. 494
Summary
The Supreme Court of New Jersey affirmed the trial court's termination of parental rights of P.P. and S.P. and modified the Appellate Division's remand, holding that clear and convincing evidence showed the parents were unable to provide a safe, stable home and that adoption, not kinship guardianship, was the appropriate permanent placement. The Court explained that kinship legal guardianship is only available when adoption is not feasible or likely. Justice Wallace, in a partial concurrence/dissent, argued that the state should have more fully considered kinship guardianship as an alternative. The case was remanded for further evaluation of the parents and consideration of any change in the grandparents' adoption intentions.