DCPP v. P.H. and FATHER OF N.H., AND R.H., IN THE MATTER OF R.H., N.H., and R.H. (FN-07-0278-19, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 1, 2022
DocketA-0162-20
StatusUnpublished

This text of DCPP v. P.H. and FATHER OF N.H., AND R.H., IN THE MATTER OF R.H., N.H., and R.H. (FN-07-0278-19, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (DCPP v. P.H. and FATHER OF N.H., AND R.H., IN THE MATTER OF R.H., N.H., and R.H. (FN-07-0278-19, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)) 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. P.H. and FATHER OF N.H., AND R.H., IN THE MATTER OF R.H., N.H., and R.H. (FN-07-0278-19, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED), (N.J. Ct. App. 2022).

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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 NO. A-0162-20

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY,

Plaintiff-Respondent,

v.

P.H. and FATHER OF N.H., whomsoever he may be,

Defendants,

and

R.H.,

Defendant-Appellant. ____________________________

IN THE MATTER OF R.H., N.H., and R.H., minors. ____________________________

Submitted December 1, 2021 – Decided February 1, 2022

Before Judges Gilson and Gummer. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FN-07-0278-19.

Joseph E. Krakora, Public Defender, attorney for appellant (Kimberly A. Burke, Designated Counsel, on the brief).

Andrew J. Bruck, Acting Attorney General, attorney for respondent (Donna Arons, Assistant Attorney General, of counsel; Julie B. Colonna, Deputy Attorney General, on the brief).

Joseph E. Krakora, Public Defender, Law Guardian, attorney for minors (Meredith Alexis Pollock, Deputy Public Defender, of counsel; Margo Hirsch, Designated Counsel, on the brief).

PER CURIAM

In this Title Nine case, defendant R.H. (Rhys) appeals from an October

24, 2019 order finding he abused or neglected three minor children, R.H.

(Richard), N.H. (Nancy), and R.H. (Rita), and an August 3, 2020 order ending

the case.1 Rhys argues the Family Part judge erred in finding Richard's out-of-

court abuse allegations were corroborated and in not giving sufficient weight to

other evidence. Because Richard's allegations were corroborated and sufficient

credible evidence supported the judge's findings, we affirm.

1 We use initials and fictitious names for the parents and children to protect their privacy and the confidentiality of the record. See R. 1:38-3(d)(12). A-0162-20 2 I.

The facts and evidence are detailed in Judge Nora J. Grimbergen's

comprehensive opinion, which she rendered after a one-day fact-finding

hearing. We summarize the relevant facts from the record. Co-defendant P.H.

(Pam) is the biological mother of Richard, Nancy, and Rita, who, respectively,

were thirteen-years, three-years, and eleven-months old, at the time of the April

9, 2019 incident at issue in this case. Judge Grimbergen found Pam had not

abused or neglected her children. She has not participated in this appeal. Rhys

is the biological father of Richard and Rita.

As the judge found, Rhys and Pam "have a lengthy violent history." The

Division of Child Protection and Permanency (the Division) became involved

with the family on February 12, 2019, when Pam's sister reported concern for

the children based on Rhys's physical abuse of Pam. In a meeting with Division

investigator Manuel Figueroa, Pam denied her sister's allegation of recent

domestic violence but acknowledged Rhys had been violent with her in the past,

including holding her hostage at gunpoint in 2008. According to Pam, Rhys was

imprisoned for two years for that crime. Pam stated Rhys did not live with them

but visited only on the weekends to see Richard. Pam claimed Rhys suffered

A-0162-20 3 from paranoia due to post-traumatic stress disorder (PTSD). Rhys confirmed

with Figueroa he had been diagnosed with PTSD and bipolar disorder.

While the Division's investigation of that referral was ongoing, it received

a report on March 27, 2019, from the Essex County Family Court Domestic

Violence Unit, advising Pam had been granted a temporary restraining order

(TRO) against Rhys based on allegations that on March 24, 2019, he had

threatened to shoot her and the children. The Unit also informed the Division

Pam was seeking a final restraining order (FRO), asserting, among other things,

Rhys had threatened to kill the children in 2018. Figueroa again met with Pam.

She described the March 24 incident to him, stating Rhys had threatened to kill

her and the children. Figueroa also spoke with Richard, who confirmed Rhys

had threatened to kill everyone in the home.

Rhys was arrested and jailed because of the March 24 incident and

subsequently released on March 26. A final hearing on Pam's FRO application

was scheduled to take place on April 11.

On April 11, 2019, Pam filed an incident report with the Newark Police

Department, alleging that on April 9, 2019, Rhys attempted to stab Richard.

Pam was interviewed by Police Officer Duane Martinez. The police reported

the incident to the Division. On April 12, 2019, Figueroa interviewed Pam and

A-0162-20 4 Richard. Pam recounted the incident she had described to the police. After Pam

had accepted a call from Rhys, met him outside the home, and permitted him to

enter the home, contrary to the TRO, Rhys questioned her about her whereabouts

on his birthday, grabbed a kitchen knife, went into the room where Richard was

sleeping, and questioned him about Pam's whereabouts. After Richard

answered, Rhys attempted to stab him multiple times. Richard was able to move

out of the way to avoid being stabbed, resulting in Rhys stabbing the mattress

instead. When Pam attempted to intercede, Rhys punched her, dragged her

across the floor, and kicked her multiple times. Rhys gathered everyone in

Pam's bedroom and asked Richard why he had removed pictures of Rhys from

his Instagram account. After Richard responded, Rhys punched his face,

punched Nancy in the face, and pushed her against the closet door. Pam was not

able to call the police during the incident because Rhys had taken her and

Richard's cell phones. After about two hours, Rhys left the house.

Richard told Figueroa he was napping when Rhys woke him up, asking

about Pam's whereabouts on his birthday. Rhys then "jumped at him and tried

to stab him multiple times," but Richard "lunged backwards and avoided the

knife." Pam "jumped on [Rhys] while he was stabbing the bed which led to

[Rhys] hitting her on the head with the butt of the knife, dragging her by her hair

A-0162-20 5 and kicking her." Richard confirmed Rhys had punched him after questioning

him about his Instagram account and had punched Nancy. He also stated Rhys

had taken their phones, would not let them leave, and made multiple threats to

kill Pam if she called the police.

On April 16, 2019, the Division filed an order to show cause, asking the

family court to place the children in the Division's care and supervision. Judge

Grimbergen granted the application, finding the Division had made a prima facie

showing of abuse and neglect. The judge cited Rhys's "significant mental health

issues," defendants' "long-standing history of domestic violence," the April 9

incident, and the Division's concern about Pam's ability to protect the children .

On May 6, 2019, Pam and Rhys appeared in court for the FRO hearing.

Figueroa was present at the hearing. The family court granted Pam's application

and issued the FRO. On September 24, 2019, Pam dismissed the FRO because

"I no longer feel like I'm in danger," "he is my children's' father," and "I'm

basically just over this whole case."

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DCPP v. P.H. and FATHER OF N.H., AND R.H., IN THE MATTER OF R.H., N.H., and R.H. (FN-07-0278-19, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED), Counsel Stack Legal Research, https://law.counselstack.com/opinion/dcpp-v-ph-and-father-of-nh-and-rh-in-the-matter-of-rh-nh-and-njsuperctappdiv-2022.