STATE OF NEW JERSEY VS. STEPHEN E. MULLINS, JR. Â (12-08-0804 AND 13-01-0044, CUMBERLAND COUNTY AND STATEWIDE), A-4983-15T4

Background

Mother (L.C.) delivered six-month-old daughter Alice to police in March 2014, then attempted to reclaim her; Division removed Alice and placed her with paternal grandparents in April 2014, where Alice has lived since and who seek to adopt her.
Mother underwent psychological and psychiatric evaluations showing a major psychotic disorder (hallucinations, paranoia) and maladaptive personality traits; evaluators found impaired parenting capacity and poor prognosis, especially given mother's refusal to accept treatment.
Mother attended only a portion of recommended therapy, briefly tried psychotropic medication but stopped, completed parenting classes, visited Alice intermittently, and later moved to maternal grandmother’s home in North Carolina; she returned with newborn twins in 2015, who were later removed and placed with paternal grandparents for similar concerns.
Bonding evaluations found no mother–child bond and a strong, secure bond between Alice and the paternal grandparents; experts testified removal from that home would cause harm to Alice.
Division sought relative placements, paternal grandparents’ home was approved and served as stable placement; maternal grandmother’s home was considered but ultimately not a realistic alternative by trial time.
Trial court found Division proved all four statutory prongs for termination under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence and terminated mother’s parental rights; mother appealed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the child’s safety, health, or development is endangered by the parental relationship	Division: Mother's psychotic disorder disables her from recognizing/responding to child’s needs, endangering child	Mother: She has not harmed Alice and does not pose a present risk	Held: Evidence of disabling psychiatric disorder satisfied danger prong
Whether mother is unwilling/unable to eliminate the harm or provide stable home	Division: Mother refused ongoing therapy and antipsychotic medication; prognosis poor	Mother: Division did not provide housing/employment assistance; relative alternative pending	Held: Mother's refusal of treatment and impaired capacity satisfy inability/unwillingness prong
Whether Division made reasonable efforts and considered alternatives	Division: Explored paternal and maternal relatives; paternal grandparents appropriate and permanent	Mother: Maternal grandmother assessment was incomplete, so alternatives not exhausted	Held: Division reasonably pursued relatives; pending maternal assessment was not dispositive
Whether termination would do more harm than good	Division: Strong bond with paternal grandparents; removal would harm Alice; permanency needed	Mother: (Argues preservation of parental relationship)	Held: Termination would not do more harm than good; best interests favor guardianship with grandparents

Key Cases Cited

N.J. Div. of Youth & Family Servs. v. F.M., 211 N.J. 420 (2012) (State must prove all statutory prongs by clear and convincing evidence to terminate parental rights)
N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J. 261 (2007) (termination prongs require fact-sensitive, particularized inquiry)
N.J. Div. of Youth & Family Servs. v. I.S., 202 N.J. 145 (2010) (review emphasizes gravity and heightened burden in termination proceedings)
N.J. Div. of Youth & Family Servs. v. E.P., 196 N.J. 88 (2008) (parental rights are constitutionally protected but not absolute)
In re Guardianship of K.H.O., 161 N.J. 337 (1999) (public policy favors placing children in permanent, stable homes)
N.J. Div. of Youth & Family Servs. v. R.G., 217 N.J. 527 (2014) (trial court factual findings will be upheld if supported by adequate, substantial, credible evidence)
N.J. Div. of Youth & Family Servs. v. M.C. III, 201 N.J. 328 (2010) (deference to family court credibility findings)
N.J. Div. of Youth & Family Servs. v. G.L., 191 N.J. 596 (2007) (appellate reversal only if trial findings are clearly mistaken)
A.W., In re Guardianship of, 103 N.J. 591 (1986) (court need not await irreparable impairment before acting to protect child)
In re Guardianship of D.M.H., 161 N.J. 365 (1999) (first prong satisfied by showing a parent will endanger child's welfare)
N.J. Div. of Youth & Family Servs. v. S.S., 187 N.J. 556 (2006) (importance of nurturing sibling relationships)
K.L.W. v. N.J. Div. of Youth & Family Servs., 419 N.J. Super. 568 (App. Div. 2011) (preference for placement with relatives when appropriate)