DCPP VS. E.F. AND F.F. IN THE MATTER OF M.C.L., S.F. AND C.F. (FN-09-0359-11, HUDSON COUNTY AND STATEWIDE)(RECORD IMPOUNDED)(CONSOLIDATED)
A-5787-14T3/A-5788-14T3
| N.J. Super. Ct. App. Div. | May 10, 2017Background
- Parents E.F. (mother) and F.F. (father) were accused by the Division of Child Protection and Permanency of educational and environmental neglect of their three children based on school truancy, poor hygiene, exposure to domestic violence, and a filthy household; Division executed emergency removal on March 10, 2011.
- School principal reported C.F. and S.F. came to school unkempt; C.F. had 25 unexcused absences and tardies; M.C.L. (age 16) had 54 unexcused absences from Sept–Dec 2010.
- Division caseworker visited the home March 10, 2011: children appeared dirty, reported limited food, shared a stained mattress, no first-floor utilities, and the house was photographed as “deplorable.”
- Children reported witnessing domestic violence; parents admitted prescription narcotic use and father had recent inpatient rehab.
- Trial court found abuse and neglect under N.J.S.A. 9:6-8.21(c)(4) (failure to exercise minimum degree of care regarding clothing, shelter, education); parents appealed.
- Appellate Division affirmed, deferring to trial court credibility findings and holding totality of circumstances supported finding of gross/wanton negligence and jurisdiction was proper in New Jersey.
Issues
| Issue | Plaintiff's Argument (Division) | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for abuse/neglect under N.J.S.A. 9:6-8.21(c)(4) | School truancy, children unkempt, deplorable housing, and exposure to domestic violence show failure to exercise minimum degree of care and present imminent risk | Parents argued conduct was at most ordinary negligence, incidents due to lice/moving, poverty, or short visit to NJ; no impairment occurred | Affirmed: preponderance supports abuse/neglect; totality of circumstances showed gross/wanton negligence and imminent risk |
| Whether narcotic prescriptions or domestic violence were improper bases under statute | Division relied on those issues as part of the totality showing probability they contributed to neglect | Mother argued court relied improperly on her prescription use and domestic violence under wrong statutory subsection | Rejected: court did not base finding solely on drugs/domestic violence but on overall circumstances; those issues were relevant to probability of neglect |
| Personal jurisdiction—New Jersey vs. New York | Division: family had substantial contacts with NJ (residence, children attended NJ schools, referral occurred at NJ address) | Father argued insufficient minimum contacts because family lived in New York and overnight visit should not confer jurisdiction | Affirmed: NJ had specific jurisdiction from period of residence and school attendance and temporary emergency jurisdiction on March 10, 2011 referral |
| Right to counsel at show-cause hearing / self-incrimination claim | Division: procedures complied sufficiently; father later had counsel at fact-finding | Father: lacked counsel at March 14 show-cause, made incriminating admissions used later | Affirmed: any procedural deficiency did not prejudice ultimate fact-finding; later counsel at the critical hearing waived earlier complaint |
Key Cases Cited
- N.J. Div. of Youth & Family Servs. v. Z.P.R., 351 N.J. Super. 427 (App. Div. 2002) (deference to trial judge factual findings)
- Cesare v. Cesare, 154 N.J. 394 (1998) (Family Part expertise and deference to factfindings)
- Dep’t of Children & Families v. G.R., 435 N.J. Super. 392 (App. Div. 2014) (totality-of-circumstances approach in abuse/neglect cases)
- N.J. Dep’t of Children & Families v. A.L., 213 N.J. 1 (2013) (imminent danger/substantial risk standard)
- In re Guardianship of D.M.H., 161 N.J. 365 (1999) (court need not wait for irreparable impairment before acting)
- Dep’t of Children & Families v. T.B., 207 N.J. 294 (2011) (definition of "minimum degree of care" as gross/wanton negligence)
- G.S. v. Dep’t of Human Servs., 157 N.J. 161 (1999) (knowledge/imputed knowledge and reckless disregard)
- N.J. Div. of Youth & Family Servs. v. M.Y.J.P., 360 N.J. Super. 426 (App. Div. 2003) (minimum contacts and specific vs. general jurisdiction analysis)
- N.J. Div. of Youth & Family Servs. v. E.B., 137 N.J. 180 (1994) (constitutional right to counsel in parental abuse/neglect proceedings)
- N.J. Div. of Youth & Family Servs. v. H.P., 424 N.J. Super. 210 (App. Div. 2011) (procedural defects re: appointment of counsel can be fatally deficient unless later waived)