DCPP VS. Z.S. AND G.N.IN THE MATTER OF Z.N. (FN-09-0463-15, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)
A-0547-16T1
| N.J. Super. Ct. App. Div. | Nov 13, 2017Background
- Mother (Z.S.) tested positive for benzodiazepines, opiates, and cannabis at delivery; she denied prenatal drug use to a caseworker and did not appear at the fact-finding hearing.
- Newborn (Z.N.) exhibited Neonatal Abstinence Syndrome (NAS): tremors/jitteriness, poor feeding, disrupted sleep, respiratory distress.
- Baby was transferred to a NICU, treated with morphine from June 3–29, 2015, and had an extended hospital stay.
- Division of Child Protection and Permanency (Division) filed an abuse/neglect petition; trial court found abuse/neglect under N.J.S.A. 9:6-8.21(c)(4)(b) based on actual harm from prenatal drug exposure.
- Defendant appealed the finding; the Law Guardian supported the Division. The Appellate Division affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prenatal drug use that produced NAS supports an abuse/neglect finding under N.J.S.A. 9:6-8.21(c)(4)(b) | Division: prenatal drug use caused actual harm (NAS), satisfying statute requiring impairment or imminent danger | Z.S.: drug use alone is insufficient; no proof of actual harm or different facts (cites A.L.) | Court: Held that NAS and extended morphine treatment constitute actual harm; abuse/neglect finding affirmed |
| Whether evidence was substantial and credible to support the Family Part's factual findings | Division: neonatologist testimony provided reliable clinical evidence linking maternal drug use to newborn's withdrawal and hospitalization | Z.S.: challenged sufficiency/causation and noted negative opiate urine on child | Court: Credited expert that infant urine can be unreliable and withdrawal symptoms with extended treatment show causation; deference to trial court's credibility findings |
| Whether participation in a bona fide, physician‑authorized treatment program would preclude abuse/neglect finding | Division: not applicable here because mother did not claim treatment program participation | Z.S.: (implicit) might rely on Y.N. principle in other circumstances | Court: Distinguished Y.N.; mother did not participate in physician‑prescribed methadone program, so Y.N. inapplicable |
| Standard of review for appellate court when reviewing Family Part fact findings | Division: trial court determinations entitled to deference if supported by substantial credible evidence | Z.S.: asked for reversal based on claimed insufficient evidence | Held: Applied substantial‑credible‑evidence standard; findings were not "wide of the mark" and were affirmed |
Key Cases Cited
- Cesare v. Cesare, 154 N.J. 394 (general standard for appellate deference to trial factfinding)
- N.J. Div. of Youth & Family Servs. v. I.Y.A., 400 N.J. Super. 77 (App. Div. 2008) (standard for deference to Family Part findings)
- N.J. Div. of Youth & Family Servs. v. M.C. III, 201 N.J. 328 (Family Part expertise and deference)
- N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J. 261 (appellate review: facts not to be disturbed unless clearly wrong)
- N.J. Div. of Youth & Family Servs. v. F.M., 211 N.J. 420 (limits on appellate second‑guessing of Family Part credibility assessments)
- In re Guardianship of K.H.O., 161 N.J. 337 (child born addicted and suffering withdrawal constitutes harm)
- N.J. Dep’t of Youth & Family Servs. v. A.L., 213 N.J. 1 (proof of actual or imminent harm required; examples of clinical indicators)
- N.J. Div. of Child Prot. & Permanency v. Y.N., 220 N.J. 165 (timely participation in bona fide, physician‑prescribed treatment may preclude abuse/neglect finding)