DCPP VS. A.A.W., T.L. AND B.T., IN THE MATTER OF T.T. AND T.L. (FN-12-0054-15, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

New Jersey Superior Court Appellate Division·Decided June 1, 2021·No. A-0629-19·Unpublished

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-0629-19

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY,

Plaintiff-Respondent,

v. A.A.W., Defendant-Appellant,

and T.L. and B.T.,

Defendants.

IN THE MATTER OF T.T. and T.L., minors,

Submitted November 30, 2020 – Decided June 1, 2021 Before Judges Gooden Brown and DeAlmeida.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FN-12-0054-15.

Joseph E. Krakora, Public Defender, attorney for appellant (Robyn A. Veasey, Deputy Public Defender, of counsel; Patricia Nichols, Assistant Deputy Public Defender, on the briefs).

Gurbir S. Grewal, Attorney General, attorney for respondent (Sookie Bae, Assistant Attorney General, of counsel; Mary L. Harpster, Deputy Attorney General, on the brief).

Joseph E. Krakora, Public Defender, Law Guardian, attorney for minors (Meredith Alexis Pollock, Deputy Public Defender, of counsel; Melissa R. Vance, Assistant Deputy Public Defender, of counsel and on the brief).

PER CURIAM Defendant A.A.W.1 appeals from two orders of the Family Part relating to the custody of her two children, T.T. and T.L.: (1) the November 27, 2018 order combining applications for legal custody of the children by two caregivers with an application for legal custody of the children by plaintiff Division of Child Protection and Permanency (DCPP or the Division); and (2) the August 27, 2019 order transferring physical custody of the children to the caregivers, sharing

1 We identify defendant, her children, and the other parties by initials to protect confidential information in the record. R. 1:38-3(d)(12).

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legal custody between the caregivers and A.A.W., and terminating the Division's action. Incorporated in her appeal is A.A.W.'s challenge to the trial court's May 24, 2019 findings, which were not reduced to an order but served as a predicate to the August 27, 2019 order, that the caregivers are the psychological parents of the children for purposes of determining custody. We affirm.

I.

The following facts are derived from the record. A.A.W. was involved with the Division as a minor until she aged out of eligibility for services. She gave birth to T.T. in 2012 and to T.L. in 2014. 2 Shortly after T.L. was born, DCPP received a referral questioning A.A.W.'s ability to care for her children.

DCPP investigators met with A.A.W. at the hospital. She said she was homeless and residing in a hotel provided by the county board of social services. A.A.W. acknowledged she had been diagnosed with bipolar disorder and schizophrenia, for which she was prescribed medication. She reported, however, that she stopped taking the medication and going to therapy. While A.A.W. conceded she had engaged in self-harm through cutting, she disputes the Division's claim that she admitted to the investigators that she cut herself as recently as a month prior to giving birth to T.L. A.A.W. told investigators T.T.

2 The fathers of the children have not filed an appeal of the trial court's orders.

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had been living with her maternal grandmother in Georgia, but would be returning to New Jersey soon. A few days after T.L. was born, A.A.W. placed him with K.L., his paternal grandfather, with whom he has effectively lived ever since.

On July 21, 2014, DCPP filed a complaint under N.J.S.A. 30:4C-12 seeking care and supervision of T.T. and T.L. (the Title 30 litigation). After a hearing, the court granted the Division temporary custody because of concerns about A.A.W.'s ability to care for the children. Of particular concern was A.A.W.'s failure to comply with mental health recommendations.

On August 12, 2014, after a hearing, the court continued custody and supervision of the children with the Division. T.L. remained in the physical custody of K.L. and, the court ordered T.T. to remain in the physical custody of her maternal grandmother. A.A.W. was awarded "open and liberal" visitation.

At a subsequent hearing, the court returned physical custody of T.L. to A.A.W. By February 2015, however, because of her unstable housing A.A.W. had returned T.L. to the physical custody of K.L. In addition, A.A.W. had, without court approval, traveled to Georgia to pick up T.T. and bring her back to New Jersey. She placed T.T. with M.H., the former girlfriend of A.A.W.'s

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father. The court awarded physical custody of T.L. to K.L. and physical custody of T.T. to M.H. A.A.W. had shared legal custody and unsupervised visitation.

In a series of hearings over the following months, the court monitored A.A.W.'s progress and explored relatives identified by A.A.W. as possible people with whom she could live with the children. Although A.A.W. was sometimes in compliance with court-ordered services, she by and large failed to comply with mental health treatment and her medication regime. She also did not secure suitable housing. The court continued the children in the care and supervision of the Division with physical custody with M.H. and K.L. and legal custody shared with A.A.W., who had liberal visitation rights.

A summary hearing was held on August 18, 2015. A.A.W. requested physical custody of the children so she could move to Georgia to reside with her mother. The fathers of the children objected to them leaving the State. Over A.A.W.'s objection, the court continued jurisdiction because A.A.W. had not established compliance with mental health services and suitable housing.

On September 15, 2015, A.A.W. was arrested and detained on gun and drug charges. Initially, she refused to be evaluated by medical personnel at the jail, which prevented her from obtaining medication. A.A.W.'s placement in solitary confinement as a result of disciplinary infractions further inhibited her

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mental health treatment. Ultimately, A.A.W. was prescribed medication for her mental health conditions. While at the jail, A.A.W. reported a history of sexual abuse, suicidal ideation, self-mutilation, violent thoughts and behaviors, and fire setting. She previously acknowledged having hallucinations and hearing voices when not on her medication.

After an October 2015 hearing, the court continued the custody arrangement, directed the Division to provide services to A.A.W. when she was released from jail, and ordered M.H. and K.L. to arrange for A.A.W. to visit her children at the facility at which she was housed. The court held several hearings during A.A.W.'s incarceration to monitor her progress, and to facilitate her visitation with the children and sibling visitation.

After A.A.W.'s release, the Division requested a best interest hearing to determine the final disposition of the children, as there had been no chan ge in the status of the case, no recent contact with A.A.W., and no compliance with services by A.A.W. A.A.W.'s counsel and the law guardian representing the children consented to the hearing. The trial court determined that it would be appropriate to end the Title 30 litigation, as A.A.W. had not made progress with services and the children had been with their caregivers for years.

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Over a period of more than a year, the court held additional hearings at which it took testimony with respect to the best interest of the children and monitored A.A.W.'s compliance with services. Each time, the court continued the custody arrangement with M.H. and K.L. A.A.W. visited her children infrequently.

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DCPP VS. A.A.W., T.L. AND B.T., IN THE MATTER OF T.T. AND T.L. (FN-12-0054-15, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED), (N.J. Ct. App. 2021).

DCPP VS. A.A.W., T.L. AND B.T., IN THE MATTER OF T.T. AND T.L. (FN-12-0054-15, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (DCPP VS. A.A.W., T.L. AND B.T., IN THE MATTER OF T.T. AND T.L. (FN-12-0054-15, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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