This appeal involves the privately initiated adoption of a minor over the objection of an indigent natural parent. Following a hearing, the trial court ordered the termination of the indigent mother’s parental rights and entered a judgment of adoption in favor of plaintiffs, the child’s paternal grandparents. The sole question to be addressed is who should be responsible for the cost of providing a transcript to enable an indigent parent in these circumstances to pursue her right to appellate review.
The facts supporting the termination of M.J.’s parental rights concerning her daughter, A.N.J., are not pertinent to the narrow issue before us. It is the procedure by which they were terminated that is important. M.J. objected to the adoption. Because her parental rights had not been terminated previously by any State-initiated action, a hearing pursuant to N.J.S.A. 9:3-46 was required. Camden Regional Legal Services (Legal Services) represented M.J. At the conclusion of the hearing, the trial court found that M.J. had failed substantially to perform the regular and expected parental functions of care and support of the child.
M.J. appealed and applied for a transcript to be provided at public expense
Since 1976, this Court has recognized that an indigent parent appealing the termination of parental rights has a right to have trial transcripts provided at public expense when necessary for purposes of appeal because “ordinarily [a] transcript is an integral part of the record on appeal.” In re Guardianship of Dotson, 72 N.J. 112, 116, 118-19,
In Dotson, the Division of Youth and Family Services (DYFS) was held responsible for the cost of providing a trial transcript in connection with an indigent parent’s appeal. Later, the respective responsibilities of OPD, DYFS, and a public interest law firm were addressed in the companion cases of In re Guardianship of G.S., supra, 137 N.J. 168,
In G.S. and E.B., the respective legislative programs rendered it apparent which State agency was expected to bear certain costs associated with the legal action involved. Our holdings clarified that the financial responsibility statutorily imposed included additional implied obligations. It was beyond cavil in each that the indigent parent, from whom parental rights were
So too, it is beyond dispute here that M.J., an indigent whose parental rights are being terminated pursuant to a statutorily authorized, involuntary process, is entitled to a free transcript for purposes of appeal. See In re Guardianship of Dotson, supra, 72 N.J. at 118-19,
As part of the Title 9 scheme, termination of parental rights under N.J.S.A 9:3-46 is a component of the State’s overall and coordinated system of child protection and supervision. Cf. In re Minehan, 130 N.J.Super. 298, 304,
Accordingly, we hold that in those instances when it is not appropriate to shift the cost of a transcript on appeal to a plaintiff in an involuntary private adoption action, the OPD’s duty to an indigent parent confronted with the loss of parental rights by operation of N.J.S.A. 9:3-46 shall include the duty to pay for a transcript on appeal. In view of that holding, the question of who pays shall no longer delay appellate review. That said, we encourage courts to restrict the required portions of a transcript to the minimum necessary for that review, thereby minimizing the impact on the public fisc. See R. 2:5-3(c).
The order of the Appellate Division is affirmed.
For affirming — Chief Justice PORITZ and Justices COLEMAN, LONG, VERNIERO, LaVECCHIA, and ZAZZALI — 6.
Opposed — None.
Notes
We have been informed that the cost of this litigation has required plaintiffs to file for bankruptcy. The Appellate Division apparently was unable to consider them as a possible source of payment for the transcript under N.J.S.A. 9:3-53 (requiring plaintiff in private adoption to bear costs of proceeding). Cf. In re Adoption of a Child by H.C. and W.C., 284 N.J.Super. 202, 206, 664 A.2d 515 (Ch.Div.1994) (ordering prospective parents who brought adoption action to reimburse natural mother for reasonable expert fees and deposition expenses pursuant to N.J.S.A. 9:3-53).
