New Jersey Division of Child Protection and Permanency v. K.N.S.
119 A.3d 235
| N.J. Super. Ct. App. Div. | 2015Background
- Mother (K.N.S.), age 19 at birth, left her seven-month-old son in the care of her boyfriend for several weeks while she worked; boyfriend had a criminal record (drug conviction) and unknown-to-her prior sexual offense conviction.
- Child was removed from daycare after croup and mother lacked transportation/clearance to return him; boyfriend babysat for about three weeks.
- Prior to hospitalization, boyfriend left the infant alone in a bathtub causing a head injury; mother observed a large bump then but did not remove boyfriend from care until later.
- On December 9, 2012, mother found the infant blue, shivering, and very cold; she attempted to warm him, notified her employer, then called a taxi to take him to the hospital.
- Hospital found severe injuries (skull fracture, multiple rib and vertebral fractures, healing forearm and leg fractures); Division placed the child in temporary custody and filed neglect/abuse charges against mother and boyfriend.
- Family Part found boyfriend physically abused the child and found mother neglected the child by entrusting him to the boyfriend despite warning signs and by delaying prompt medical care; mother appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mother’s leaving the infant with the boyfriend constituted neglect (gross negligence) | Division: mother's knowledge of boyfriend's criminal past, his impatience/derogatory conduct toward the child, and prior bathtub injury made leaving the child with him grossly negligent | Mother: she did not harm the child, lacked knowledge boyfriend physically abused him, had provided routine medical care | Held: Court affirmed — preponderance supports neglect; conduct was grossly negligent given known risks and prior incidents |
| Whether mother’s delay in seeking emergency care on Dec. 9, 2012, constituted gross negligence contributing to neglect finding | Division: delay in prompt medical care, combined with entrusting child to boyfriend, supports gross negligence | Mother: she tried to warm the baby, informed her manager, and chose a taxi; these mistakes alone do not rise to gross negligence | Held: Court held the delay, when combined with the decision to leave the child with the boyfriend and other facts, supported a finding of gross negligence |
| Whether the trial court erred in adjudicating neglect and the consequences (Central Registry inclusion) | Division: finding supported by evidence and statute; inclusion in Central Registry follows automatically | Mother: argued lack of knowledge of abuse and raised policy concerns about lifetime registry consequences | Held: Adjudication affirmed on the facts; court noted registry permanence may be harsh but was a legislative matter beyond the court’s authority |
Key Cases Cited
- G.S. v. Department of Human Services, 157 N.J. 161 (1999) (minimum degree of care refers to gross or wanton negligence, not necessarily intent)
- N.J. Div. of Youth & Family Servs. v. G.L., 191 N.J. 596 (2007) (deference to Family Part factual findings)
- Dep’t of Children & Families v. T.B., 207 N.J. 294 (2011) (negligence is a continuum; ordinary negligence insufficient for statutory neglect)
- N.J. Div. of Youth & Family Servs. v. F.M., 211 N.J. 420 (2012) (parent’s failure to protect from harm by others can constitute neglect)
- N.J. Div. of Youth & Family Servs. v. A.R., 419 N.J. Super. 538 (App. Div. 2011) (gross negligence test: reasonable person would understand danger and act without regard for consequences)
- N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J. 261 (2007) (failure to protect a child from abuse by another is a basis for parental unfitness)