687 A.2d 748 | N.J. Super. Ct. App. Div. | 1993
These fourteen appeals, which we now consolidate for purposes of this opinion, arise out of proceedings brought by the Division of Youth and Family Services (DYFS) to obtain custody of the children of appellants, followed by proceedings to terminate appellants’ parental rights. After more than three years of litigation, a final judgment was entered in April 1988 terminating appellants’ parental rights to six of their seven children. During and after
During the pendency of these appeals, we affirmed the underlying parental termination judgment in New Jersey Division of Youth and Family Services v. A.D. and J.S.D., No. A-5565-87T2 (App.Div. July 3, 1990), certif. denied, 127 N.J. 320, 604 A.2d 596 (1990). Prior to rendering our decision in that case, we had remanded to the trial court for its consideration of appellants’ motion for a new trial based on newly discovered evidence. That motion was denied and we affirmed the order of denial by the same opinion in which we affirmed the termination judgment. We concluded that opinion with the following observations:
The evidence of abuse and neglect of these children is overwhelming. We find no substance to A.D.’s allegations that all phases of this litigation were contrived or the result of pressure on the children to achieve other selfish ends.
The trial judge’s findings are fully supported by a record that reeks of abuse and neglect. The violence and abuse suffered by this family, inflicted in the main by A.D. and to an appreciable degree by J.S.D., were persuasive. A.D.’s criminal conviction is only the beginning of this sad state of affairs. The record clearly and convincingly demonstrates actions by A.D. and J.S.D. which include physical and sexual assaults, excessive alcoholic activity and the failure to provide proper food and shelter. The decision to terminate parental rights is mandated by all the evidence. A.D.’s response is that all who have had anything to do with this case are wrong and he alone is a victim of abuse by DYFS, counsel and the court. He is wrong. His case and that of his wife are without basis in fact. These children will now have a chance at a somewhat normal life. They are entitled to that chance.
[Id. at 12-13]
We consider each of the cases seriatim.
The actions under Docket Numbers A-3003-89T5, A-3004-89T5, and A-3007-89T5 are, respectively, against Joseph Apicella, an attorney assigned by the Office of the Public Defender to represent the father in DYFS’s initial proceeding; Joseph Contaldi, similarly assigned to represent the mother; and Thomas Hartley, the law guardian appointed for the children in that proceeding. Judge Villanueva’s opinion explaining his reasons for dismissing the complaints against these defendants is reported at 238 N.J.Super. 288, 569 A.2d 854 (Law Div.1989). We affirm substantially for the reasons so stated.
The actions under Docket Numbers A-2998-89T5, A-2999-89T5, A-3001-89T5, A-3002-89T5, A-3005-89T5 and A-3010-89T5 are the subject of Judge Villanueva’s opinion reported at 238 N.J.Super. 323, 569 A.2d 872 (Law.Div.1989). The defendants in this group of actions include the trial judge who presided over the DYFS proceedings, the Attorney General of the State of New Jersey, the Deputy Attorney General representing DYFS, DYFS itself and a number of its agencies, officials and employees, the Acting Commissioner of the Department of Human Resources, and a psychiatrist employed by the Medical Assistance Unit of DYFS. We affirm the summary judgments dismissing these complaints for the reasons stated by Judge Villanueva in his reported opinion and for the supplementary reasons orally stated by him on May 30, 1989, in dismissing an amended complaint.
The action under Docket Number A-3009-89T5 is against a pediatric psychologist who, on referral by DYFS, evaluated appellants’ child J., then just under one year old, about a month after she was placed in foster care. The purpose of the evaluation was to assess the child’s level of intellectual, social, emotional and behavioral functioning and to offer recommendations for her development. The psychologist found that the child was “functioning in a delayed range developmentally and intellectually, possibly as a result of early deprivation and abuse.” Appellants allege that the report was fraudulent and part of the existing conspiracy to deny them their children. We affirm the summary judgment dismissing the complaint substantially for the reasons orally stated by Judge Villanueva on November 17,1988.
The action under Docket Number A-3011-89T5 is against the psychiatrist who, on referral by DYFS, evaluated appellants’ four oldest children shortly after they were placed in foster care. His report concluded that all the children suffered from adjustment disorders, one had a functional disorder, all had been physically abused by their father, and three had been sexually abused by him. Appellants contend that the report was maliciously false and incomplete. We affirm the summary judgment dismissing this complaint substantially for the reasons orally stated by Judge Villanueva on November 10,1988.
In summary, all the summary judgments appealed from dismissing all the complaints enumerated herein are affirmed.