Nj Div. of Youth & Fam. v. Jc
32 A.3d 211
| N.J. Super. Ct. App. Div. | 2011Background
- Division filed Title Nine abuse/neglect complaint about E.C. based on J.C.'s mental illness and safety concerns.
- After initial hearings, the court granted care, custody, and supervision of E.C. to the Division.
- In August 2010 the Division dismissed Title Nine claims and pursued supervision under N.J.S.A. 30:4C-12, with no abuse/neglect finding.
- Trial court conducted hearings under Title Thirty; the Division sought termination of parental rights and guardianship/adoption by relatives.
- On May 26, 2010 the court found continued Division placement in E.C.'s best interests; guardianship filings followed and J.C. objected.
- In September 2010 the Division dismissed the prior 30:4C-12 action; J.C. consented to E.C.’s adoption via an identified surrender after the appeal was filed, rendering the appeal moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot. | Division/Law Guardian contend surrender moots review. | J.C. argues continued due process rights and review remain essential. | Appeal dismissed as moot due to identified surrender. |
| Whether 30:4C-12 proceedings authorized temporary care without Title Nine fact-finding. | Division may proceed under 30:4C-12 without Title Nine fact-finding. | Procedural safeguards and hearings are required to protect parental rights. | Court reviews 30:4C-12 procedures and emphasizes necessary safeguards and temporary nature. |
Key Cases Cited
- G.M. v. Div. of Youth & Family Servs., 198 N.J. 382 (2009) (settled framework for Title Nine/Title Thirty interplay and protections)
- M.M. v. N.J. Dep’t of Human Servs., 189 N.J. 261 (2007) (parental rights and best interests in termination and permanency decisions)
- A.R.G. v. N.J. Div. of Youth & Family Servs., 179 N.J. 264 (2004) (procedural safeguards in child welfare proceedings)
- K.L.F. v. Div. of Youth & Family Servs., 129 N.J. 32 (1992) (six-month limit and continued review under 30:4C-12)
- D.M.B. v. Div. of Youth & Family Servs., 375 N.J. Super. 141 (App.Div. 2005) (defined identified surrender and its effects on adoptive prospects)
- I.S. v. Div. of Youth & Family Servs., 422 N.J. Super. 52 (App.Div. 2011) (scope of 30:4C-12; best interests standard for custody)