A-1274-23
N.J. Super. Ct. App. Div.Mar 21, 2025Background
- E.S., mother of minor G.S., appeals a Family Part order finding her abused or neglected G.S. under N.J.S.A. 9:6-8.21(c)(3) after an incident where G.S. ingested opioids.
- E.S. had a history of substance abuse, including relapsing while pregnant and continued positive drug tests for cocaine, opiates, fentanyl, and heroin during her child's early life.
- In April 2021, E.S. reported that G.S., at age one, had potentially ingested Subutex (an opioid) from her unsecured purse; G.S. was treated with Narcan for opioid symptoms.
- Investigations revealed E.S. admitted to prior drug use and driving with G.S. while under the influence; drug tests confirmed ongoing substance abuse.
- The court awarded Kinship Legal Guardianship (KLG) of G.S. to her maternal grandmother, A.S., after finding E.S.'s ongoing drug issues endangered the child; E.S. consented to this arrangement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether E.S.'s actions constituted abuse/neglect | E.S. endangered G.S. by failing to secure medication and using drugs while supervising | E.S.'s conduct was not grossly negligent; prior drug use insufficient proof of harm | Affirmed finding of abuse/neglect based on cumulative and reckless behavior |
| Reliance on Division's expert testimony | Expert's testimony established opioid ingestion | Expert evidence inconclusive given negative test for Subutex | Expert credible; Narcan response indicates opioid ingestion |
| Adequacy of evidentiary support for risk finding | Division records and positive drug tests show ongoing risk | No direct evidence G.S. was at imminent risk from relapse alone | Court based finding on a pattern of conduct, not just a single relapse |
| Appropriateness of KLG order | KLG in G.S.'s best interest; A.S. suitable | (No opposition; E.S. consented) | KLG order properly entered; G.S. to remain with A.S. |
Key Cases Cited
- N.J. Div. of Child Prot. & Permanency v. A.L., 213 N.J. 1 (2013) (balancing constitutional parental rights and state's duty to protect children; evidence standard for abuse or neglect)
- N.J. Div. of Youth & Fam. Servs. v. F.M., 211 N.J. 420 (2012) (deference owed to family court's factual findings)
- N.J. Div. of Youth & Fam. Servs. v. P.P., 180 N.J. 494 (2004) (appellate standard for review of family court conclusions)
- In re Guardianship of D.M.H., 161 N.J. 365 (1999) (no need for actual harm before intervention)
- In re Guardianship of K.H.O., 161 N.J. 337 (1999) (parental rights and children's welfare balancing)