New Jersey Division of Youth & Family Services v. S.I.
437 N.J. Super. 142
| N.J. Super. Ct. App. Div. | 2014Background
- S.I. appeals a Family Part fact-finding order finding abuse/neglect of her minor grandchild for whom she had custody.
- S.I. refused consent for a mandatory mental health evaluation to assess suicide risk, prompting emergency removal by the Division.
- The Division removed the child to obtain a psychiatric evaluation; the child was later evaluated and released by hospital staff.
- The trial court found S.I. failed to exercise a minimum degree of care and that her conduct constituted medical neglect.
- On appeal, the court reverses, holding the evidence does not establish medical neglect or imminent danger; removal for evaluation was permissible, but the ultimate finding was unsupported.
- The court emphasizes the Division may intervene under statutory authority without concluding abuse or neglect when facts lack proper evidentiary support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did withholding consent to a mental health evaluation constitute medical neglect? | S.I. contends one isolated act cannot prove medical neglect. | Division argues failure to obtain evaluation endangered the child’s mental health. | No; record lacks substantial evidence of medical neglect. |
| Was S.I. required to exercise a minimum degree of care under the circumstances? | S.I. asserts her actions did not demonstrate gross or wanton negligence. | Division contends her refusal impeded needed evaluation for safety. | Insufficient evidence of a breach of minimum care. |
| Was there imminent danger or substantial risk of harm to the child from S.I.'s conduct? | S.I. argues there was no proven imminent danger or substantial risk. | Division asserts risk was present given threats of suicide and school concerns. | Lacks proof of imminent danger or substantial risk; the finding fails. |
Key Cases Cited
- N.J. Div. of Youth Family Servs. v. A.L., 213 N.J. 1 (2013) (standard for medical neglect and imminent danger)
- N.J. Div. of Youth Family Servs. v. M.C., 435 N.J. Super. 405 (App. Div. 2014) (proof required beyond mere negligence when no actual harm)
- G.S. v. Dep’t of Human Servs., 157 N.J. 161 (1999) (abuse/neglect standard; minimum care and harm framework)
- N.J. Div. of Youth & Family Servs. v. Z.P.R., 351 N.J. Super. 427 (App. Div. 2002) (credibility affixed to trial court findings; appellate deference)
- A.L., supra, 213 N.J. 1 (2013) (AL framework for Division intervention and care authorities)