Articles Tagged with hearsay

New Jersey Supreme Court Affirms Trial Court’s Decision on Hearsay and Neglect, but Reverses on Abandonment.

December 27, 2017 | The Law Office of James P. Yudes, P.C.

In this recent decision in the matter of New Jersey Division of Child Protection and Permanency v. A.B., (A-27-16), the New Jersey Supreme Court reviewed a trial court’s determination that

OLYMPUS DIGITAL CAMERA

defendant A.B. abused or neglected A.F. (her sixteen-year old daughter), that A.B. willfully abandoned A.F.; and that remarks attributed to A.B.’s sister, J.F., were subject to suppression as embedded hearsay. Continue reading ›

New Jersey Appellate Division Interprets Statute to Allow Admission of Hearsay Statements By Children in Title 9 Abuse and Neglect Cases But Not in Title 30 Removal Cases

May 30, 2017 | The Law Office of James P. Yudes, P.C.

In the published opinion in the matter of Division of Child Protection and Permanency v. T.U.B. & J.E.C., (A-2565-15T2) the trial court terminated the Defendant’s parental rights in a Title 30 guardianship case based upon the admission of hearsay statements by children about corroborated allegations of abuse or neglect pursuant to N.J.S.A. 9:6-8.46(a)(4). The hearsay statements made by the children involved allegations of sexual abuse that were later in part recanted by one of the non-testifying child declarants. Continue reading ›