DCPP VS. E.E., T.B., SR., AND J.E., IN THE MATTER OF T.B., JR., L.B., P.B., AND P.O.P.L. (FN-03-0017-17, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

CourtNew Jersey Superior Court Appellate Division
DecidedDecember 13, 2019
DocketA-5467-17T3
StatusUnpublished

This text of DCPP VS. E.E., T.B., SR., AND J.E., IN THE MATTER OF T.B., JR., L.B., P.B., AND P.O.P.L. (FN-03-0017-17, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (DCPP VS. E.E., T.B., SR., AND J.E., IN THE MATTER OF T.B., JR., L.B., P.B., AND P.O.P.L. (FN-03-0017-17, BURLINGTON 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 VS. E.E., T.B., SR., AND J.E., IN THE MATTER OF T.B., JR., L.B., P.B., AND P.O.P.L. (FN-03-0017-17, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED), (N.J. Ct. App. 2019).

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-5467-17T3

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY,

Plaintiff-Respondent,

v.

E.E.,

Defendant-Appellant,

and

T.B., SR., and J.E.,

Defendants. _____________________________

IN THE MATTER OF T.B., JR., L.B., P.B., and P.O.P.L.,

Minors. _____________________________

Submitted October 28, 2019 – Decided December 13, 2019

Before Judges Sabatino and Natali. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Burlington County, Docket No. FN-03-0017-17.

Joseph E. Krakora, Public Defender, attorney for appellant (David Anthony Gies, Designated Counsel, on the brief).

Gurbir S. Grewal, Attorney General, attorney for respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; Elizabeth Helms Wallace, Deputy Attorney General, on the brief).

Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor (David Ben Valentin, Assistant Deputy Public Defender, on the brief).

PER CURIAM

Defendant E.E. (Erica), 1 the mother of four children, appeals an October

20, 2016 Family Part order finding she abused or neglected her three oldest

children, T.B. Jr. (Brian), L.B. (Dennis), and P.B. (Margaret), contrary to

N.J.S.A. 9:6-8.21(c)(2) and (c)(4), and a June 18, 2018 order terminating the

litigation. The court concluded Erica committed educational abuse or neglect

against all three children and medical abuse or neglect against Dennis and

Margaret. We affirm in part and reverse in part.

1 We employ initials and pseudonyms to protect the privacy of the parties and children. R. 1:38-3(d)(12).

A-5467-17T3 2 We affirm the court's order as to its educational neglect finding with

respect to Brian and Dennis under N.J.S.A. 9:6-8.21(c)(4) because there was

substantial credible evidence in the record supporting the court's finding that

Erica failed to exercise the requisite minimum degree of care in supplying Brian

and Dennis with an adequate education. However, we reverse the portion of the

order finding educational neglect regarding Margaret, as the record contains

insufficient substantial credible evidence to support such a finding.

Further, we reverse the portions of the order finding Erica medically

neglected Dennis and Margaret in violation of N.J.S.A. 9:6-21(c)(2) because

the record lacks substantial credible evidence to support the court's finding that

the children were currently experiencing or at risk of "protracted disfigurement

. . . or protracted loss or impairment . . . of any bodily organ." We also reverse

the portion of the order finding medical neglect under N.J.S.A. 9:6-8.21(c)(4)

as the record does not contain evidence that Erica had the ability to pay for

dental care, that it was available to her, or that the Division of Child Protection

and Permanency (Division) offered her such assistance, as required by that

statutory provision.

I.

In September 2014, Erica moved from Texas to New Jersey with Brian,

A-5467-17T3 3 Dennis, and Margaret. The facts underlying the court's abuse and neglect

findings stem from an incident on July 11, 2016 in which Erica and the children

were at a Walmart in New Brunswick, and Erica became sick and began

experiencing pain in her legs and feet. After an employee contacted an

ambulance and the police, emergency medical staff responded and transported

the family to St. Peter's University Hospital (St. Peter's) in New Brunswick. At

the time, the family was residing in a motel in Maple Shade. Brian was ten years

old, Dennis was nine years old, Margaret was five years old, and Erica was

thirty-six weeks pregnant with P.O.P.L. (Carl).

At St. Peter's, Erica was diagnosed with edema and informed by medical

staff that it would be "very dangerous" for her to leave the hospital in her

condition, but she nevertheless insisted on leaving. Neither Erica nor Margaret

were wearing shoes when they arrived. Further, medical staff at the hospital had

concerns about Erica's mental health after she refused to answer questions about

herself and the children. Accordingly, a staff psychiatrist contacted the police.

When a New Brunswick Police Department officer arrived shortly

thereafter, he made the first of two referrals regarding Erica that the Division

received that day. The second referral came from medical staff at St. Peter's

who reported that Erica refused to disclose her children's information, provide

A-5467-17T3 4 contact information for herself or her regular physicians, and was "not making

any sense when she [spoke]."

The first Division worker to respond was from Middlesex County, where

St. Peter's is located. Shortly thereafter, Jessica Payne, a Division worker from

Burlington County, arrived at the hospital.2 At the fact-finding hearing on

October 20, 2016, Payne testified that Erica "indicated that her children had

received no formal education and . . . since they've been in New Jersey[,] . . .

they had not received pediatric or dental care." After Erica stated that the

Division "would not be able to speak to her children" and "show[ed] signs that

she was . . . not going to cooperate" with its investigation, the Division executed

a Dodd removal of Brian, Dennis, and Margaret. 3

When they left the hospital, Payne interviewed the children and noticed

that they all "had significant speech impediments," which made it "difficult to

2 Payne explained at the October 20, 2016 fact-finding hearing that she became the primary caseworker because "the county is assigned based on the permanent residence of the mother." Because Erica's "license indicated that she was living in . . . Maple Shade," the Division's central screening office assigned her case to Burlington County. 3 "A 'Dodd removal' refers to the emergency removal of a child from the home without a court order, pursuant to the Dodd Act," N.J.S.A. 9:6-8.21 to -8.82. N.J. Div. of Youth & Family Servs. v. N.S., 412 N.J. Super. 593, 609 n.2 (App. Div. 2010). A-5467-17T3 5 communicate with them." The following day, Dennis and Brian "articulated to

[Payne] that they did not know how to read and write" and were unable to spell

the sentence "walk the dog." Dennis, "unsolicited," told Payne that he was going

to "pull [a] tooth out of his mouth himself[,] and that he had done that in the

past." Further, Payne testified that an initial physical examination of the

children by Jayiddah Thomas-Brown and Jessica Shafer, nurses employed by

Rutgers University and working with the Division, revealed that Dennis and

Margaret had "visible significant . . . [t]ooth decay."

At the fact-finding hearing, Thomas-Brown testified that she examined

Dennis and was concerned about his hygiene and dental health. Specifically,

she stated that he had body odor, uncombed hair, dirty clothes, missing teeth, a

chipped tooth and "[h]oles in some of [his] teeth," and "reported that he pulled

out his teeth when they hurt." Thomas-Brown also noted that although Dennis

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DCPP VS. E.E., T.B., SR., AND J.E., IN THE MATTER OF T.B., JR., L.B., P.B., AND P.O.P.L. (FN-03-0017-17, BURLINGTON COUNTY AND STATEWIDE) (RECORD IMPOUNDED), Counsel Stack Legal Research, https://law.counselstack.com/opinion/dcpp-vs-ee-tb-sr-and-je-in-the-matter-of-tb-jr-lb-pb-njsuperctappdiv-2019.