DCPP VS. B.W., A.A. AND R.R.IN THE MATTER OF A.W., A.R., RA.R., RE.R. AND A.A.(FN-21-0101-13 AND FN-21-102-13, WARREN COUNTY AND STATEWIDE)(RECORD IMPOUNDED)
A-5784-14T2
| N.J. Super. Ct. App. Div. | May 18, 2017Background
- Mother (B.W.) and father Arnold moved with five children from Kentucky to New Jersey in 2011; an incident on June 29–30, 2012 left oldest child Alice with significant head and facial injuries reported to police and DCPP.
- DCPP filed Title 9 complaints: one for Ann (youngest) and another for the four older children (Alice, Anthony, Ralph, Rebecca); initial orders placed the four older children with DCPP and Ann with father Arnold, and barred Mother from the family home.
- At the April 3, 2013 fact-finding hearing DCPP presented witnesses including father, caseworkers, a psychologist, school counselor, and law‑guardian investigator; Mother presented no witnesses.
- Trial court found Mother abused/neglected Alice by excessive corporal punishment and non‑accidental injury, and found Anthony, Ralph, and Rebecca were neglected by exposure to domestic violence; also found educational neglect as to Alice and Anthony.
- At the April 26, 2013 dispositional hearing the court continued DCPP custody of the four older children, barred Mother from contacting Alice, permitted supervised visitation with the other three, and (while dismissing the Title 9 complaint as to Ann) issued orders continuing Arnold’s physical custody of Ann and requiring supervised parenting time for Mother.
- On appeal the Appellate Division affirmed the abuse/neglect findings based on physical abuse and exposure to violence, reversed the educational‑neglect findings as to Alice and Anthony, and vacated the Title 9 dispositional orders regarding Ann for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that Mother physically abused Alice | DCPP: testimony and medical evidence show Mother's non‑accidental, injurious attack on Alice | Mother: claimed self‑defense; contested credibility of witnesses | Affirmed: substantial credible evidence supported findings of excessive corporal punishment and non‑accidental injury to Alice |
| Sufficiency of evidence that Anthony, Ralph, Rebecca were abused/neglected by exposure to violence | DCPP: children witnessed violence; expert testimony showed emotional harm from exposure | Mother: argued no proof of emotional harm or causal link | Affirmed: expert testimony and history supported finding of emotional harm from exposure to maternal violence |
| Educational neglect as to Alice and Anthony (failure to supply adequate education) | DCPP: poor academic performance and Mother’s responses to school recommendations showed neglect | Mother: attendance fine, responded to school, sought alternative summer program, later agreed to assessment; no gross negligence | Reversed: record did not show gross or wanton neglect required for Title 9 educational‑neglect finding |
| Dispositional orders re Ann and entitlement to dispositional hearing under G.M. | DCPP/guardian: argued no dispositional hearing required because Ann always in father’s custody or G.M. not implicated | Mother: claimed she was entitled to a Title 9 dispositional hearing and challenged supervised parenting time order | Reversed in part: because court made no abuse/neglect finding as to Ann, Title 9 jurisdiction ended and the court lacked authority to enter the contested dispositional orders as to Ann; custody issues must be resolved in non‑dissolution case |
Key Cases Cited
- G.S. v. Dep't of Human Servs., 157 N.J. 161 (court defines "minimum degree of care" as gross or wanton negligence)
- G.M. v. N.J. Div. of Youth & Fam. Servs., 198 N.J. 382 (dispositional hearing principles when court finds abuse/neglect and retains Title 9 jurisdiction)
- I.S. v. N.J. Div. of Child Prot. & Permanency, 214 N.J. 8 (dismissal of Title 9 complaint ends Title 9 jurisdiction; court cannot keep Title 9 orders after no finding of abuse/neglect)
- I.H.C. v. N.J. Div. of Youth & Family Servs., 415 N.J. Super. 551 (abuse/neglect may be shown where children witness domestic violence and suffer demonstrable emotional harm)