DCPP VS. L.P. AND M.B.IN THE MATTER OF A.B. AND H.B.(FN-02-0249-14, BERGEN COUNTY AND STATEWIDE)(RECORD IMPOUNDED) (CONSOLIDATED), A-3781-14T2/A-3782-14T2

Mother (L.P.) and father (M.B.) were the primary caretakers for two children: A.B. (3 years) and H.B. (3 weeks).
Hospital reported mother admitted for postpartum depression and tested positive for opiates; Division opened a referral on March 20, 2014.
Both parents admitted heroin use to the Division; father said he injected daily, mother admitted snorting before hospitalization and injecting afterward; both admitted marijuana use.
Both parents had multiple positive opiate drug tests (March–June 2014); medical evaluations recommended inpatient detox; mother did not complete treatment, father left early.
Records and testimony indicated H.B. suffered neonatal withdrawal from intrauterine drug exposure; parents were observed under the influence during a supervised visit.
Trial court found by a preponderance that parents’ active heroin use while acting as primary caretakers placed the children at substantial risk (abuse/neglect) and that mother’s prenatal use caused harm (H.B.’s withdrawal). Appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supports finding parents abused/neglected children by using heroin while primary caretakers	Division: Parents admitted use, had positive tests, were primary caretakers; use posed substantial risk of harm	Parents: Insufficient credible evidence to support factual findings	Affirmed — substantial credible evidence supported finding of abuse/neglect
Whether mother caused harm to infant by prenatal heroin use	Division: Medical records show neonatal withdrawal from intrauterine exposure, constituting harm	Mother: Insufficient evidence and hearsay objections to medical record assertions	Affirmed — medical evidence supported finding mother caused harm
Admissibility/authentication of children’s medical records under N.J.S.A. 9:6-8.46(a)(3)	Division: Records properly certified and supported intended diagnosis	Mother: Records noncompliant with certification; withdrawal diagnosis inadmissible hearsay	Not preserved at trial; alternatively, court did not abuse discretion in admitting records
Standard of review for credibility and evidentiary rulings	n/a	n/a	Defer to trial judge’s credibility findings (substantial credible evidence); evidentiary rulings reviewed for abuse of discretion

N.J. Div. of Youth & Family Servs. v. R.G., 217 N.J. 527 (discusses deference to trial court credibility findings and standard of review)
N.J. Div. of Child Prot. & Perm. v. B.O., 438 N.J. Super. 373 (recognizes risks when parents use illegal drugs while caring for infants)
N.J. Dep't of Children & Families v. A.L., 213 N.J. 1 (prenatal substance use causing neonatal harm can support a finding of parental harm)
N.J. Div. of Youth & Family Servs. v. M.C., III, 201 N.J. 328 (preservation rules for evidentiary objections in child-protection proceedings)