In a Decision – DCPP v. S.D., (a Published Opinion) >> the Court Held:
The Appellate Division reversed and remanded the Family Part decision denying a Motion. The Mother appealed from both a finding that she educationally neglected her six-year-old daughter and an order dismissing the FN litigation, leaving the children in the custody of two grandmothers under FD orders. The trial court's technical designation of a hearing as FD or FN should not hamper the court's mission to safeguard the welfare of children. The court concluded that it would have been appropriate for the trial court to have held a joint FN dispositional and FD custody hearing at which appellant was afforded counsel. Designating a hearing as a combination FD/FN hearing would ensure the participation of defense counsel and the Law Guardian, and should have occurred here. Nevertheless, the Appellate Division affirmed finding no harm to Mother under these particular circumstances.