Dcpp v. M.M., A.C., III, and L.C., in the Matter of the Guardianship of F.A.C., A.M.C., L.M., and L.M.

CourtNew Jersey Superior Court Appellate Division
DecidedOctober 21, 2025
DocketA-2680-23/A-2681-23
StatusUnpublished

This text of Dcpp v. M.M., A.C., III, and L.C., in the Matter of the Guardianship of F.A.C., A.M.C., L.M., and L.M. (Dcpp v. M.M., A.C., III, and L.C., in the Matter of the Guardianship of F.A.C., A.M.C., L.M., and L.M.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dcpp v. M.M., A.C., III, and L.C., in the Matter of the Guardianship of F.A.C., A.M.C., L.M., and L.M., (N.J. Ct. App. 2025).

Opinion

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NOS. A-2680-23 A-2681-23

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY,

Plaintiff-Respondent,

v.

M.M. and A.C., III,

Defendants-Appellants,

and

L.C.,

Defendant. ____________________________

IN THE MATTER OF THE GUARDIANSHIP OF F.A.C., A.M.C., L.M., and L.M., minors. ____________________________

Submitted September 23, 2025 – Decided October 21, 2025

Before Judges Gilson, Perez Friscia, and Vinci. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Camden County, Docket No. FG-04-0018-24.

Jennifer N. Sellitti, Public Defender, attorney for appellant M.M. (Catherine Wilkes, Assistant Deputy Public Defender, of counsel and on the briefs).

Jennifer N. Sellitti, Public Defender, attorney for appellant A.C., III (Daniel A. DiLella, Designated Counsel, on the briefs).

Matthew J. Platkin, Attorney General, attorney for respondent (Sookie Bae-Park, Assistant Attorney General, of counsel; Alicia Y. Bergman, Deputy Attorney General, on the brief).

Jennifer N. Sellitti, Public Defender, Law Guardian, attorney for minor F.A.C. (Meredith Alexis Pollock, Deputy Public Defender, of counsel; Noel C. Devlin, Assistant Deputy Public Defender, of counsel and on the brief).

Jennifer N. Sellitti, Public Defender, Law Guardian, attorney for minors A.M.C., L.M., and L.M. (Meredith Alexis Pollock, Deputy Public Defender, of counsel; Todd Wilson, Designated Counsel, on the brief).

PER CURIAM

M.M. (Myra) and A.C., III (Arthur) appeal from an April 17, 2024

judgment terminating their parental rights to four children.1 The judgment gave

1 We use initials and fictitious names to protect the privacy interests and confidentiality of the record. See R. 1:38-3(d)(12). A-2680-23 2 guardianship of the children to the Division of Child Protection and Permanency

(the Division) with the plan that the children be adopted. Myra focuses her

arguments on two of the children, contending that the Division failed to prove

three of the prongs of the child's best-interests test necessary for the termination

of her parental rights. See N.J.S.A. 30:4C-15.1(a). Arthur challenges the

judgment as to one of the children, asserting that the Division failed to prove

each of the four prongs of the child's best-interests test. Having reviewed the

record in light of the parties' contentions, we affirm because the trial court's

findings of facts are supported by substantial credible evidence and it correctly

applied the well-established law.

I.

We summarize the facts from the record, including the evidence presented

at a two-day guardianship trial.

Myra is the mother of six children: N.V.M. (Noah), born in November

2005; I.A.C. (Iris), born in November 2008; F.A.C. (Fay), born in January 2011;

A.M.C. (Adam), born in June 2013; L.L.M. (Logan), born in April 2020; and

L.I.M. (Luna), born in June 2021. Noah and Iris are both over the age of

eighteen and were not part of the judgment.

A-2680-23 3 Arthur is the father of Iris, Fay, and Adam. Arthur also had a child with

another woman, but that child tragically died in December 2023.

Fay was originally part of the judgment but in March 2025, Fay's

permanency plan changed when her resource parent decided not to proceed with

the adoption. The Division then moved to remand this matter concerning Fay,

which we granted. On remand, the trial court vacated the judgment as to Fay.

Accordingly, this appeal now involves challenges to the termination of

parental rights concerning Adam, Logan, and Luna. Myra focuses her

arguments on Logan and Luna. The biological father of Logan and Luna

surrendered his parental rights, and he is not appealing the judgment. Arthur is

appealing the judgment as it concerns Adam, but not as to Logan and Luna, who

are not his biological children.

The Division has a long history of involvement with Myra, Arthur , and

their children. Since 2009, the Division has received referrals and investigated

allegations of neglect, domestic violence, and physical abuse of the children .

Myra has mental health and substance abuse issues. A psychologist

diagnosed her as exhibiting "borderline intelligent functioning" and suffering

from "persistent depression disorder." Arthur has struggled with substance

abuse disorders and has been incarcerated for various criminal convictions.

A-2680-23 4 Both Myra and Arthur have been substantiated for physical abuse of the children

in the form of corporal punishment.

In May 2017, following a referral concerning physical abuse of Myra's

oldest child, the Division obtained custody of Noah, Iris, Fay, and Adam. In

2018, Arthur refused services from the Division and shortly after was sentenced

to probation for distribution of illegal substances. The Division provided

services to Myra, and she regained custody of the children in May and June of

2019. The Division, however, maintained care and supervision of the children.

In 2020, Arthur was convicted of several new drug offenses and was found to

have violated his probation, resulting again in his incarceration.

In December 2021, the Division again removed the children from Myra's

care after she was arrested for physically assaulting Noah. That same month,

the family court granted the Division custody of Iris, Fay, Adam, Logan, and

Luna. The Division was also granted care and supervision of Noah, and he

returned to living with his paternal grandmother.

Since December 2021, Logan and Luna have been in the care of Y.G.

(Yara). Adam has various behavioral challenges, and he has been diagnosed

with oppositional defiant disorder and attention-deficit hyperactivity disorder.

He has received care in several treatment homes and, since January 2023, he has

A-2680-23 5 been living with M.F. (Mable), a non-family caregiver. While Noah has been

with Mable, there have been significant improvements in his behavioral

conditions.

Following the children's removal in December 2021, the Division spent

several years providing various services to Myra and Arthur. During that time,

both Myra and Arthur underwent several evaluations, including psychological

evaluations. Myra was given psychiatric and psychotherapy consultation, which

included cognitive and behavioral therapy, parenting skills, and anger

management. She was allowed to visit the children, but during those visits she

exhibited poor parenting skills, resulting in unsafe conditions. Due to Myra's

inability to maintain control of the children, her visits eventually had to be

conducted virtually. After Arthur was released from prison in December 2021,

he entered an intensive outpatient drug treatment program, and the Division

provided him with additional services, including parenting classes and housing

assistance.

By mid-2023, however, the Division believed that neither Myra nor

Arthur had developed the skills to allow them to parent any of their children.

Consequently, the Division filed for guardianship in October 2023.

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Dcpp v. M.M., A.C., III, and L.C., in the Matter of the Guardianship of F.A.C., A.M.C., L.M., and L.M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/dcpp-v-mm-ac-iii-and-lc-in-the-matter-of-the-guardianship-of-njsuperctappdiv-2025.