New Jersey Division of Youth & Family Services v. R.D.
207 N.J. 88
| N.J. | 2011Background
- DYFS sought guardianship and termination of parental rights to Katie (b. 1998) and Richard (b. 1999) by R.D.; Title Nine abuse/neglect found by clear and convincing evidence due to an ongoing inappropriate sexual relationship between R.D. and his daughter Susan; children removed and placed in DYFS custody in 2004-2005; Title Nine court applied clear and convincing standard and found imminent danger to all children; Title Thirty proceeding later sought collateral estoppel to adopt Title Nine findings; Appellate Division affirmed collateral estoppel, but Supreme Court granted certification and reversed, remanding for independent Title Thirty findings on prong (a)(1).
- The Title Nine case proceeded with factual findings including sexual abuse by R.D. against Susan and resulting danger to all children; the Title Nine court used clear and convincing evidence and prepared a disposition that included services and permanency planning.
- DYFS filed a Title Thirty petition in 2006 seeking termination of rights to Katie and Richard; the Title Thirty court adopted Title Nine findings via collateral estoppel, applying the higher standard and treating those findings as dispositive for prong (a)(1) of the Title Thirty best interests test.
- Appellate Division held collateral estoppel applied and affirmed; the Supreme Court reversed that ruling as to prong (a)(1), remanding.
- The Supreme Court emphasized that Title Nine and Title Thirty differ in speed, relief, and especially the burden of proof, and that due process requires clear notice and accommodations for potential collateral estoppel before applying Title Nine findings to Title Thirty proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May Title Nine abuse/neglect findings be given collateral estoppel effect in a Title Thirty termination action? | DYFS | R.D. | No; not where due process and procedural differences are not accommodated. |
Key Cases Cited
- Olivieri v. Y.M.F. Carpet, Inc., 186 N.J. 511 (2006) (five-factor test for collateral estoppel; fairness governs application)
- In re Guardianship of J.N.H., 172 N.J. 440 (2002) (best interests framework; deference to family court findings)
- A.W., 103 N.J. 591 (1986) (due process and standard of proof in termination hearings)
- State v. Gonzalez, 75 N.J. 181 (1977) (collateral estoppel principles and final judgments)
- State v. P.W.R., 205 N.J. 17 (2011) (title-nine proceedings; safety of children paramount)