DCPP VS. J.S. AND F.S.IN THE MATTER OF J.S.(FN-09-0188-15, HUDSON COUNTY AND STATEWIDE)(RECORD IMPOUNDED)
A-2735-15T3
| N.J. Super. Ct. App. Div. | Oct 26, 2017Background
- Child born March 2013 suffered a skull fracture and subdural hematoma after falling down concrete outdoor steps at a barbecue in August 2014; required surgery and over a month of hospitalization.
- Division of Child Protection and Permanency investigated, substantiated abuse/neglect, and performed an emergency Dodd removal after hospital discharge.
- Fact-finding hearing spanned three days; Division presented three witnesses (two caseworkers and a pediatrician/child-protection chief); mother did not testify.
- Witnesses testified the child was hyperactive and the mother admitted she often had to watch him and was not directly supervising immediately before the fall.
- Hospital witnesses testified the mother was often absent, sometimes failed to feed/bathe the child, appeared detached, and delayed signing authorizations that impeded transfers and procedures.
- Trial judge found Division witnesses credible and ruled the mother abused and neglected the child by failing to provide minimum supervision and by inadequate care during hospitalization.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mother's failure to supervise constituted abuse/neglect under N.J.S.A. 9:6-8.21(c)(4) | Mother's lack of supervision created a substantial risk of harm given child’s hyperactivity; meets minimum-care standard for neglect/abuse | Mother's lapse was simple negligence, not gross/wanton negligence required for abuse/neglect | Affirmed: evidence supported finding mother failed to exercise minimum degree of care (reckless disregard/substantial risk) |
| Whether mother's conduct during hospitalization amounted to abuse/neglect | Mother’s absence, detachment, failure to soothe/feed/bathe and delayed consents impaired care and delayed treatment | Mother argued actions did not rise above negligence and disputed sufficiency of evidence | Affirmed: hospital testimony supported finding mother’s conduct fell below minimum degree of care |
| Sufficiency/credibility of evidence presented at fact-finding hearing | Division presented credible witnesses and documentary/hospital evidence supporting findings | Mother contended Division produced insufficient evidence; she did not testify | Affirmed: appellate deference to trial court credibility and adequate, substantial evidence standard met |
| Standard of review for parental abuse/neglect findings | Trial court must be upheld if findings are supported by adequate, substantial, credible evidence | N/A | Appellate court applied established standard and deferred to trial court absent findings that went "wide of the mark" |
Key Cases Cited
- N.J. Div. of Youth & Family Servs. v. R.D., 207 N.J. 88 (2011) (standard of appellate review of abuse/neglect findings)
- N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J. 261 (2007) (requirement that factual findings be supported by adequate, substantial, credible evidence)
- In re Guardianship of J.T., 269 N.J. Super. 172 (App. Div. 1993) (discussion of evidentiary support for guardianship/parental findings)
- G.S. v. Dep't of Human Servs., 157 N.J. 161 (1999) (definition of "minimum degree of care" as gross or wanton negligence; reckless disregard standard)
- In re Guardianship of D.M.H., 161 N.J. 365 (1999) (courts need not wait until irreversible harm; parental inaction can create substantial risk of harm)