New Jersey Division of Youth & Family Services v. T.I.
30 A.3d 1074
N.J. Super. Ct. App. Div.2011Background
- DYFS sought termination of T.I.'s parental rights to S.L.M. and considered kinship legal guardianship (KLG) as an alternative, arguing adoption by relatives was feasible.
- Paternal grandfather M.M. and his wife testified unequivocally they wished to adopt S.L.M., opposing KLG.
- Trial court found all four statutory factors under N.J.S.A. 30:4C-15.1(a) satisfied and terminated parental rights; it rejected KLG due to lack of cooperation between T.I. and the paternal grandparents.
- DYFS presented expert testimony showing T.I. had significant mental health issues and a high risk of recur ent abuse; S.L.M. had a strong bond with the paternal grandparents.
- The trial court held that, even if KLG were considered, the record supported termination and that adoption by the grandparents would be in S.L.M.’s best interests.
- The Appellate Division affirmed, holding that the statute’s Feasibility/Likelihood standard requires adoption to be not feasible nor likely; because M.M. wanted to adopt, adoption was feasible, so KLG could not defeat termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether feasibility of adoption applies when a guardian candidate unequivocally wants to adopt | T.I. argues adoption is not feasible or likely under 3B:12A-6(d)(3)(b). | M.M. shows adoption is feasible and likely, defeating KLG. | Adoption feasible; KLG not warranted; termination affirmed. |
Key Cases Cited
- N.J. Div. of Youth & Family Servs. v. P.P., 180 N.J. 494 (2004) (adoption not feasible nor likely; kinship guardianship as an alternative)
- N.J. Div. of Youth & Family Servs. v. L.L., 201 N.J. 210 (2010) (termination unnecessary where caregiver not willing to adopt; KLG framework)
- N.J. Div. of Youth & Family Servs. v. S.F., 392 N.J. Super. 201 (App.Div. 2007) (adoption not feasible nor likely supported third prong)
- G.L. v. N.J. Div. of Youth & Family Servs., 191 N.J. 596 (2007) (appellate deference to family court for factfinding in TPR cases)
- N.J. Div. of Youth & Family Servs. v. A.W., 103 N.J. 591 (1986) (Fourteenth Amendment standard and permanency planning framework)
- N.J. Div. of Youth & Family Servs. v. E.P., 196 N.J. 88 (2008) (clear and convincing evidence standard in TPR proceedings)