2:10-6. Allegation of Ineffective Assistance of Counsel in Termination of Parental
Rights Cases
In appeals from judgments terminating parental rights pursuant to N.J.S.A.
30:4C-15 et seq. in which ineffective assistance of counsel has been alleged, the
issue shall be raised in the direct appeal of the matter below. The brief submitted
by appellate counsel must set forth the factual basis for asserting that trial
counsel's performance was deficient and explain why the result would have been
different had the lawyer's performance not been deficient. In appropriate cases,
counsel shall proffer certifications or other documentary evidence to support the
claim. If the appellate court determines that a genuine issue of material disputed
fact on the issue of the representation provided by trial defense counsel has
been raised, the matter may be remanded to the trial judge and proceed in
accordance with R. 2:9-1(c).
