DCPP VS. K.B. AND P.G. IN THE MATTER OF THE GUARDIANSHIP OF G.B.(FG-19-0028-15, SUSSEX COUNTY AND STATEWIDE)(RECORD IMPOUNDED)
A-3767-15T2
| N.J. Super. Ct. App. Div. | Aug 31, 2017Background
- Mother (K.B.) has severe, chronic substance abuse (prescription opiates, heroin, cocaine); child (G.B.) removed in emergency Dodd removal after evidence of neglect and imminent danger.
- School and medical records showed poor hygiene, excessive absences/tardiness, aggressive behavior, and child reports mother "sleeps a lot" and drinks; mother tested positive for opiates and was arrested for heroin/needles.
- Division placed G.B. in foster care, provided services to mother (evaluations, therapy, random drug screens, treatment referrals); mother repeatedly failed to comply or complete treatment and continued to test positive.
- Mother stipulated at a fact-finding waiver that her opiate use without prescription while caring for G.B. placed the child at substantial risk of imminent harm.
- Bonding/psychological evaluation found child attached to mother but the attachment was unhealthy; child had formed a healthy attachment to foster parents who would buffer emotional harm from severance.
- Family Part found Division met its burden under the four-prong best-interest statutory test and terminated mother’s parental rights; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (Division) | Defendant's Argument (K.B.) | Held |
|---|---|---|---|
| Whether child’s safety, health, or development is endangered by parental relationship | Mother’s substance abuse endangered child and created imminent risk | Mother challenged extent of harm or argued for continued reunification efforts | Court held child was endangered and mother’s conduct endangered child’s welfare |
| Whether parent is unwilling/unable to eliminate harm or provide safe, stable home | Mother failed to correct substance abuse despite services; unable to provide safe home | Mother claimed efforts or sought more time/services (argued viability as parent) | Court found mother unwilling/unable to eliminate harm and delay would add to harm |
| Whether Division made reasonable efforts and considered alternatives to termination | Division provided evaluations, treatment referrals, supervised visitation, and other services | Mother argued services insufficient or that termination was premature | Court found Division made reasonable efforts and alternatives were considered and tried |
| Whether termination will do more harm than good (best interests) | Foster parents formed healthy attachment; severance harm not severe/enduring; termination in child’s best interest | Mother argued loss of parent-child bond would harm child | Court held termination would not do more harm than good; affirmed termination |
Key Cases Cited
- N.J. Dep’t of Children & Families, Div. of Youth & Family Servs. v. A.L., 213 N.J. 1 (2013) (recognizes severity of terminating parental rights and standards for guardianship)
- N.J. Div. of Youth & Family Servs. v. G.L., 191 N.J. 596 (2007) (four‑prong best‑interest standard is holistic and overlapping)
- In re Guardianship of K.H.O., 161 N.J. 337 (1999) (framework for evaluating child’s best interests)
- Cesare v. Cesare, 154 N.J. 394 (1998) (appellate deference to trial court credibility findings)
- N.J. Div. of Youth & Family Servs. v. P.W.R., 205 N.J. 17 (2011) (discussing Dodd Act removals and related procedures)