Div. of Youth & Fam. Svcs. v. Vt
32 A.3d 578
| N.J. Super. Ct. App. Div. | 2011Background
- R.S. is the father of Robin (fictitiously Robin) and Alan (fictitiously Alan), both children in Division care proceedings.
- Robin’s mother is V.T.; Robin resides with her grandmother/custodian and her mother in the same household.
- The Division previously substantiated abuse in 2005 (arm-twisting) and 2008 (excessive corporal punishment) by R.S.; no complaint was filed for abuse/neglect in those matters.
- R.S. pled guilty in 2001 to drug-distribution offenses and served prison time; he was released in 2005.
- In 2009–2010, the Division sought care and supervision over Robin due to concerns about R.S.’s drug treatment compliance and supervision over visits.
- During supervised visits in November 2009, R.S. tested positive for cocaine and marijuana, prompting a fact-finding hearing on abuse/neglect (Title 9).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Division proved by a preponderance that R.S. created a substantial risk of harm to Robin. | Division contends positive drug tests and admission show risk. | R.S. claims no substantial risk; lack of impairment evidence. | Not proven; no substantial risk established by record. |
| Whether the trial court properly valued the drug-level evidence without expert testimony. | Level of drugs uncontroverted by admission supports neglect finding. | Without expert analysis, drug level meaning is unclear; cannot prove neglect. | Insufficient evidence to prove neglect absent expert interpretation. |
Key Cases Cited
- G.S. v. Dep't of Human Servs., 157 N.J. 161 (1999) (minimum care standard focused on dangers and prevention)
- In re Guardianship of D.M.H., 161 N.J. 365 (1999) (courts need timely action to protect children; synergetic proof)
- J.Y. v. Div. of Youth & Family Servs., 352 N.J. Super. 245 (App. Div. 2002) (fact-finding must be based on competent, reliable evidence)
- N.J. Div. of Youth & Family Servs. v. I.H.C., 415 N.J. Super. 551 (App. Div. 2010) (standard for abuse/neglect determinations; safety paramount)
- D.Y. & Family Servs. v. R.L., 388 N.J. Super. 81 (App. Div. 2006) (appellate deference to findings of fact; but law questions reviewed de novo)