DCPP VS. B.R. AND M.H.IN THE MATTER OF THE GUARDIANSHIP OF G.H. AND W.H.(FG-01-0047-16, ATLANTIC COUNTY AND STATEWIDE)(RECORD IMPOUNDED)
A-1560-16T2
| N.J. Super. Ct. App. Div. | Oct 4, 2017Background
- Mother (B.R.) appealed termination of parental rights to her children G.H. (b. 2014) and W.H. (b. 2015); judgment entered November 30, 2016 in Atlantic County Family Part.
- Division of Child Protection and Permanency (Division) sought guardianship based on prolonged, severe substance abuse by mother (including heavy heroin use while pregnant; infant tested positive for methadone) and instances of impaired parenting (found nearly unconscious with child in car).
- Mother had a long history of addiction, intermittent treatment, inconsistent drug testing (including recent positive screens), and was in intensive outpatient treatment at time of trial.
- Mother lacked stable housing, had been jailed and in multiple programs, had inconsistent visitation and contact with the Division, and had not served as a consistent primary caregiver; resource parents (N.H. and J.L.) were acting as psychological parents and sought adoption.
- Division provided services and referrals (substance treatment, counseling, housing assistance, visitation services, urine/hair testing) and explored kinship and other alternatives, which were unsuccessful or not chosen by caregivers.
Issues
| Issue | Plaintiff's Argument (Division) | Defendant's Argument (Mother) | Held |
|---|---|---|---|
| 1. Whether parental relationship endangered children’s safety, health, or development | Mother’s prolonged, severe substance abuse and episode of impairment endangered children and caused/likely to cause lasting harm | Substance abuse alone is not per se neglect; facts insufficient for termination | Held for Division: evidence of prolonged abuse, impaired parenting, and risk supported prong one |
| 2. Whether mother unwilling/unable to eliminate harm or provide safe, stable home | Mother lacked stable housing, consistent caregiving, visitation, and parenting tested in community | Mother had made progress (treatment completion, off methadone, living/working with parents) | Held for Division: instability, inconsistent contacts, and insufficient tested parenting supported prong two |
| 3. Whether Division made reasonable reunification efforts and considered alternatives | Division provided evaluations, referrals, treatment, testing, visitation, and explored kinship/KLG | Mother argued services and progress showed reunification feasible | Held for Division: court found Division made reasonable efforts and considered alternatives |
| 4. Whether termination would do more harm than good | Children were bonded to resource parents, thriving; adoption would provide permanency; delay would harm children | Termination would sever mother–child relationship and hope for reunification | Held for Division: expert testimony showed weak maternal attachment; termination would not do more harm than good |
Key Cases Cited
- Cesare v. Cesare, 154 N.J. 394 (1998) (deference to family court fact-finding)
- In re Guardianship of K.H.O., 161 N.J. 337 (1999) (best-interests-of-child custody framework in termination cases)
- In re Guardianship of D.M.H., 161 N.J. 365 (1999) (parental inattention/neglect as harm warranting termination)
- N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J. 261 (2007) (focus on cumulative effect of parental home life)
- In re Guardianship of K.L.F., 129 N.J. 32 (1992) (psychological harm can justify termination)
- N.J. Div. of Youth & Family Servs. v. F.M., 211 N.J. 420 (2012) (application of statutory best-interests standard)
- A.W. v. (N.J. case), 103 N.J. 591 (1986) (absence of physical abuse not conclusive; parental withdrawal harms child)