New Jersey Division of Child Protection and Permanency v. B.O. and T.E. in the Matter of T.E.E.
104 A.3d 1088
| N.J. Super. Ct. App. Div. | 2014Background
- Seven-week-old Timmy suffered brain injury from oxygen deprivation; co-sleeping with a caregiver impaired by drugs was central to the finding of abuse/neglect.
- Division alleged parents failed to exercise minimum care by allowing Timmy to be exposed to unsafe sleeping conditions while under the influence of drugs.
- Witness Jay, a houseguest with admitted drug involvement, provided the principal account linking co-sleeping to Timmy's injury; his credibility was contested.
- Medical expert Dr. Kairys linked Timmy’s brain injury to prolonged oxygen deprivation and considered RSV unlikely the sole cause; co-sleeping while impaired was the most plausible explanation.
- Trial court found co-sleeping with an impaired caregiver constituted gross negligence and that Ted aided in Timmy’s neglect; the appellate panel affirmed.
- The decision defined the Title 9 standard for abuse/neglect as requiring a minimum degree of care, with gross negligence or recklessness sufficient to support a finding, and deferred to the trial judge’s credibility determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the findings are supported by reliable evidence | Timmy’s injury and Jay’s credibility support abuse/neglect | Jay is incredible; findings rest on unreliable hearsay and speculation | Credibility and findings affirmed |
| Whether hearsay and documents were improperly admitted | Division records admissible under Rule 5:12-4(d) as prima facie evidence | Hearsay should be excluded; no proper exception | No reversible error; admissions within Division records upheld |
| Whether Kairys's report met medical certainty requirements | Kairys’s expert opinion is based on Timmy’s condition and Jay’s account | Medical conclusions based on disputed facts; not sufficiently certain | Holds credibility to support causation despite some uncertainty |
| Whether co-sleeping while impaired constitutes gross negligence | Co-sleeping with an impaired parent endangers an infant; gross negligence proven | Not per se; requires more than co-sleeping | Supported—the trial court’s finding of gross negligence affirmed |
| Whether trial court abused discretion on witness sequestration/credibility | Sequestration not properly utilized; credibility undermined | Court properly weighed credibility and Rule 2:11-3(e) considerations | No reversible error; credibility determinations remain with trial judge |
Key Cases Cited
- G.S. v. Dep't of Human Servs., 157 N.J. 161 (1999) (definition of accidental means and foreseeability in neglect cases)
- State v. Elders, 192 N.J. 224 (2007) (deference to trial court credibility findings on witness testimony)
- Cesare v. Cesare, 154 N.J. 394 (1998) (special duty of care in family matters; weighing expert testimony)
- In re Guardianship of K.H.O., 161 N.J. 337 (1999) (minimum degree of care standard for neglect and dependency)
- In re Guardianship of D.M.H., 161 N.J. 365 (1999) (substantial harm standard and parental failure to act)
- In re Guardianship of K.L.F., 129 N.J. 32 (1992) (emotional/psychological harm as neglect basis)
- N.J. Div. of Youth & Family Servs. v. A.R., 405 N.J. Super. 418 (2009) (application of Title 9 standards to neglect cases)
- N.J. Div. of Youth & Family Servs. v. V.T., 423 N.J. Super. 320 (2011) (drug exposure hazards and parenting risk)
- N.J. Div. of Youth & Family Servs. v. P.W.R., 205 N.J. 17 (2011) (clarification of preponderance standard in DYFS proceedings)
- N.S. v. Div. of Youth & Family Servs., 412 N.J. Super. 593 (2010) (appellate review of DYFS factual findings)