Division of Youth & Family Services v. M.M.

888 A.2d 512, 382 N.J. Super. 264, 2006 N.J. Super. LEXIS 5
CourtNew Jersey Superior Court Appellate Division
DecidedJanuary 12, 2006
StatusPublished
Cited by7 cases

This text of 888 A.2d 512 (Division of Youth & Family Services v. M.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
Division of Youth & Family Services v. M.M., 888 A.2d 512, 382 N.J. Super. 264, 2006 N.J. Super. LEXIS 5 (N.J. Ct. App. 2006).

Opinion

The opinion of the court was delivered by

KESTIN, P.J.A.D.

In these consolidated appeals, M.M. and C.B. each appeal from a judgment entered by the trial court on May 10, 2005, terminating their parental rights with respect to their son, M.A.M., and awarding guardianship over the child to the Division of Youth and Family Services (DYFS or Division). M.M. and C.B. each argue that the trial court’s respective findings and conclusions were not supported by clear and convincing evidence that all of the four statutory criteria for termination of parental rights had been satisfied. N.J.S.A. 30:4C-15.1a. See Division of Youth and Family Servs. v. A.W., 103 N.J. 591, 604-11, 512 A.2d 438 (1986).

In every instance in which termination of parental rights is sought, a balancing judgment is required between competing factors. The balance implicates fundamental rights and interests of the parents and the children, as well as critical governmental concerns.

The right of parents to enjoy a relationship with their children is of constitutional dimension. In re Guardianship of K.H.O., 161 N.J. 337, 346, 736 A.2d 1246 (1999) (citing Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972)); In re Adoption of Children by G.P.B. Jr., 161 N.J. 396, 404, 736 A.2d 1277 (1999); Adoption of Children by L.A.S., 134 N.J. 127, 631 A.2d 928 (1993); A.W., supra, 103 N.J. 591, 512 A.2d 438. Parents have a fundamental liberty interest in raising their biological children. Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 1394, 71 L.Ed.2d 599, 606 (1982). Both the federal and State constitutions protect the integrity of the family unit. Stanley, supra, 405 U.S. at 651, 92 S.Ct. at 1212-13, 31 L.Ed.2d at 558-59; A.W., supra, 103 N.J. at 599, 512 A.2d 438.

[270]*270The law presumes that parents will act to promote the best interests of their children. See Parham v. J.R., 442 U.S. 584, 602, 99 S.Ct. 2493, 2504, 61 L.Ed.2d 101,118 (1979). However, “experience and reality may rebut what the law accepts as a starting point....” Id. at 602, 99 S.Ct. at 2504, 61 L.Ed.2d at 119. The incidence of child abuse and neglect cases demonstrates that some parents may act in ways that undermine the interests of their children rather than advance them. Ibid.

Government “is not without constitutional control over parental discretion in dealing with children when their physical or mental health is jeopardized.” Id. at 603, 99 S.Ct. at 2504, 61 L.Ed.2d at 119 (citing Wisconsin v. Yoder, 406 U.S. 205, 230, 92 S.Ct. 1526, 1540, 32 L.Ed.2d 15, 33 (1972)). The State as parens patriae may act to protect children from serious physical and emotional harm. This may require partial or complete severance of the parent-child relationship. Yet, “[f]ew forms of state action are both so severe and so irreversible.” Santosky, supra, 455 U.S. at 759,102 S.Ct. at 1398, 71 L.Ed.2d at 610.

When a biological parent resists termination of his or her parental rights, the courts’ function is to decide whether that parent has the capacity to eliminate any harm the child may already have suffered, and whether that parent can raise the child without inflicting any further harm. In re Guardianship of J.C., 129 N.J. 1, 10, 608 A.2d 1312 (1992). The focus of our inquiry is not only whether the parent is fit, but also whether he or she can become fit to assume the parental role within time to meet the child’s needs. Ibid. “The analysis of harm entails strict standards to protect the statutory and constitutional rights” of the biological parents. Ibid. The burden rests on the party seeking to terminate parental rights “to demonstrate by clear and convincing evidence” that the risk of “serious and lasting [future] harm to the child” is sufficiently great as to require severance of parental ties. Ibid.

[271]*271The balance between fundamental parental rights and the State’s parens patriae responsibility is promoted by the law’s best-interests-of-the-child standard. K.H.O., supra, 161 N.J. at 347, 736 A.2d 1246. Under that principle, parental rights may be severed when:

(1) The child’s safety, health or development has been or will continue to be endangered by the parental relationship;
(2) The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm. Such harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or psychological harm to the child;
(3) The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child’s placement outside the home and the court has considered alternatives to termination of parental rights; and
(4) Termination of parental rights will not do more harm than good.
[N.J.S.A 30:4C-15.1a.]

See also A.W., supra, 103 N.J. at 604-11, 512 A.2d 438.

These tests are inter-related and overlapping; they are designed to identify and assess what may be necessary to promote and protect the best interests of the children. K.H.O., supra, 161 N.J. at 348, 736 A.2d 1246. The considerations involved in determining parental unfitness are “extremely fact sensitive” and require particularized evidence that addresses the specific circumstances of the individual case. Ibid, (quoting L.A.S., supra, 134 N.J. at 139, 631 A.2d 928).

In reviewing the factual findings and conclusions of a trial judge, we are obliged to accord deference to the trial court’s credibility determinations and the judge’s “feel of the case” based upon his or her opportunity to see and hear the witnesses. Cesare v. Cesare, 154 N.J. 394, 411-13, 713 A.2d 390 (1998).

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888 A.2d 512, 382 N.J. Super. 264, 2006 N.J. Super. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/division-of-youth-family-services-v-mm-njsuperctappdiv-2006.