DCPP VS. N.S. AND D.E., IN THE MATTER OF THE GUARDIANSHIP OF P.E. (FG-12-0064-19, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

CourtNew Jersey Superior Court Appellate Division
DecidedJune 25, 2020
DocketA-4993-18T3
StatusUnpublished

This text of DCPP VS. N.S. AND D.E., IN THE MATTER OF THE GUARDIANSHIP OF P.E. (FG-12-0064-19, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (DCPP VS. N.S. AND D.E., IN THE MATTER OF THE GUARDIANSHIP OF P.E. (FG-12-0064-19, MIDDLESEX 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. N.S. AND D.E., IN THE MATTER OF THE GUARDIANSHIP OF P.E. (FG-12-0064-19, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED), (N.J. Ct. App. 2020).

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-4993-18T3

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY,

Plaintiff-Respondent,

v.

N.S.,

Defendant,

and

D.E.,

Defendant-Appellant. _______________________

IN THE MATTER OF THE GUARDIANSHIP OF P.E.,

a Minor. _______________________

Argued telephonically June 3, 2020 — Decided June 25, 2020

Before Judges Koblitz, Whipple and Mawla. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FG-12-0064-19.

Anastasia P. Winslow, Designated Counsel, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Robyn A. Veasey, Deputy Public Defender, of counsel; Anastasia P. Winslow, on the briefs).

Karen Louise Cavalier, Deputy Attorney General, argued the cause for respondent (Gurbir S. Grewal, Attorney General, attorney; Sookie Bae, Assistant Attorney General, of counsel; Karen Louise Cavalier, on the brief).

Noel Christian Devlin, Assistant Deputy Public Defender, argued the cause for minor (Joseph E. Krakora, Public Defender, Law Guardian, attorney; Meredith Alexis Pollock, Deputy Public Defender, of counsel; Noel Christian Devlin, on the brief).

PER CURIAM

D.E.1, the father of twelve-year-old P.E., appeals from a June 28, 2019

judgment terminating his parental rights following a three-day trial. We affirm.

The Division of Child Protection and Permanency (Division) received its

first referral involving this family in January 2011, just prior to P.E.'s third

birthday, alleging she and another child were spotted walking barefoot on public

streets in North Bergen. The police reported the children's paternal grandfather

1 We utilize initials pursuant to Rule 1:38-3(d)(12). A-4993-18T3 2 arrived on scene and stated he left the children in the care of an adult relative.

In August 2011, the Division received a second referral alleging P.E. was

abused, but determined the allegations were unfounded.

In September 2017, police arrested D.E. and charged him with child

endangerment of his girlfriend's daughter due to drugs found in their car in the

presence of the child. Although P.E. was not involved in the September

incident, the Division learned she was present when D.E. was arrested for

narcotics possession on two separate occasions in 2017.

In October 2017, the Division received a referral from Newark police that

P.E. was found after 1:00 a.m., in the rain, dirty, in urine-soaked clothes with

two women identified as her aunt and an adult cousin, who were arrested on

outstanding warrants and suspected of prostitution. P.E.'s paternal grandmother

arrived at the police station and stated she and P.E. lived in a hotel where she

had cared for P.E. since birth, and that she left P.E. in the care of the two women

that night. Division caseworkers suspected the grandmother was under the

influence due to her behavior and slurred speech. D.E. and N.S., the child's

mother, were incarcerated at the time. As a result, the Division conducted an

emergency removal, and after a one-night temporary placement, P.E. was moved

to her current resource home where she remains to date.

A-4993-18T3 3 Following the removal, the Division interviewed P.E., who stated that

when she was in D.E.'s custody, she received only one meal per day, typically

fast-food meals, which she consumed at 1:00 a.m. P.E. stated she was present

when D.E. used illicit substances. Although P.E. was ten years old at the time

of her removal, she did not know how to write her name and lacked basic

academic skills for a child her age. P.E. stated she was homeschooled and could

not remember the last time she saw a doctor.

The Division provided visitation to D.E. throughout this matter. However,

D.E. insisted on speaking with P.E. in their Romani language, which frustrated

the Division's ability to supervise visitation and made P.E. uncomfortable. Over

time, P.E. began to resist visitation because D.E. would say upsetting things to

her. The adverse effects of P.E.'s contact with her father were manifested in the

resource home, where following visitation she exhibited aggressive behavior

with the family pets and the resource parents.

In June 2018, the Division completed a psychological evaluation of D.E.

recommending he complete a substance abuse assessment upon his release from

incarceration; participate in a neuropsychological evaluation; and secure stable

housing and employment. In September 2018, D.E. was released, and through

drug court, entered into an in-patient drug rehabilitation program.

A-4993-18T3 4 In October 2018, the Division arranged for a neuropsychological

evaluation which recommended D.E.: (1) receive intensive parenting training;

(2) participate in individual or group therapy sessions to address stressors

associated with parenting; (3) participate in a support program or community

care program to help him with adaptive functioning, money-management, and

vocational training; and (4) have substance abuse counseling.

Although the Division continued supervised visitation during D.E.'s in-

patient drug treatment, the visits ceased when the treatment provider informed

the Division that D.E. left treatment prior to completing the program . D.E.'s

whereabouts remained unknown until December 2018, when he called the

Division to report he was in Florida to help a relative run his business.

The Division filed its guardianship complaint in December 2018. 2 The

court entered an order for therapeutic or supervised visitation to begin on a self-

executing basis as P.E.'s therapist recommended. The Division also explored

potential relative resource placements as an alternative to adoption. It assessed

a paternal relative and the paternal grandparents. The Division had difficulty

reaching the relative and when it did, she stated she could not care for P.E. The

paternal grandmother was ruled out because she failed to keep in contact with

2 N.S. executed a voluntary surrender prior to trial. A-4993-18T3 5 the Division and had no stable housing. She provided the names of two oth er

relatives who refused to step forward as caregivers. The paternal grandfather

expressed an interest in caring for the child, but neither followed up, nor

provided the Division with an address to complete its assessment. The Division

also assessed a maternal aunt who changed her mind, and assessed and ruled out

both maternal grandparents.

In December 2018, D.E. was arrested on outstanding warrants, charged

with child endangerment, and incarcerated again. In February 2019, he was

released to a drug treatment facility as a part of drug court. In March 2019, the

Division arranged for comparative bonding evaluations, however its expert

terminated D.E.'s bonding evaluation because D.E. took the opportunity to ask

P.E. inappropriate case-related questions causing the child to end the evaluation

because she was afraid of her father. The Division's expert interviewed the child

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Glenn Hedden v. Kean University
82 A.3d 238 (New Jersey Superior Court App Division, 2013)
In Re Guardianship of RG and F.
382 A.2d 654 (New Jersey Superior Court App Division, 1977)
Division of Youth and Fam. Serv. v. Vj
898 A.2d 1059 (New Jersey Superior Court App Division, 2004)
In Re the Guardianship of J.C.
608 A.2d 1312 (Supreme Court of New Jersey, 1992)
New Jersey Division of Youth & Family Services v. A.W.
512 A.2d 438 (Supreme Court of New Jersey, 1986)
New Jersey Division of Youth & Family Services v. P.P.
852 A.2d 1093 (Supreme Court of New Jersey, 2004)
New Jersey Division of Youth & Family Services v. B.R.
929 A.2d 1034 (Supreme Court of New Jersey, 2007)
State v. Kates
42 A.3d 929 (New Jersey Superior Court App Division, 2012)
In Re the Guardianship of K.H.O.
736 A.2d 1246 (Supreme Court of New Jersey, 1999)
In Re the Guardianship of DMH
736 A.2d 1261 (Supreme Court of New Jersey, 1999)
Matter of Guardianship of JT
634 A.2d 1361 (New Jersey Superior Court App Division, 1993)
State v. Furguson
487 A.2d 730 (New Jersey Superior Court App Division, 1985)
New Jersey Division of Youth & Family Services v. M.M.
914 A.2d 1265 (Supreme Court of New Jersey, 2007)
E.S. v. H.A.
167 A.3d 685 (New Jersey Superior Court App Division, 2017)
New Jersey Division of Youth & Family Services v. A.G.
782 A.2d 458 (New Jersey Superior Court App Division, 2001)
New Jersey Division of Youth & Family Services v. L.J.D.
54 A.3d 293 (New Jersey Superior Court App Division, 2012)
State v. P.Z.
703 A.2d 901 (Supreme Court of New Jersey, 1997)
New Jersey Division of Youth & Family Services v. F.M.
48 A.3d 1075 (Supreme Court of New Jersey, 2012)
N.J. Div. of Child Prot. & Permanency v. R.L.M. (In re R.A.J.)
198 A.3d 934 (Supreme Court of New Jersey, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
DCPP VS. N.S. AND D.E., IN THE MATTER OF THE GUARDIANSHIP OF P.E. (FG-12-0064-19, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED), Counsel Stack Legal Research, https://law.counselstack.com/opinion/dcpp-vs-ns-and-de-in-the-matter-of-the-guardianship-of-pe-njsuperctappdiv-2020.