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

693 A.2d 941, 301 N.J. Super. 80, 1997 N.J. Super. LEXIS 252
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 25, 1997
StatusPublished
Cited by7 cases

This text of 693 A.2d 941 (Division of Youth & Family Services v. P.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. P.M., 693 A.2d 941, 301 N.J. Super. 80, 1997 N.J. Super. LEXIS 252 (N.J. Ct. App. 1997).

Opinion

FISHER, J.S.C.

I

INTRODUCTION

Eight year old Jose M. found himself at the center of protracted litigation culminating in a lengthy trial. At the end of that trial, this court found that Jose had neither been neglected nor abused by defendants—his mother and stepfather—as had been claimed by the Division of Youth & Family Services (“DYFS”).3

16 witnesses testified over 10 days. The court found in favor of defendants and dismissed the complaint. Now, defendants seek, among other things, an award of counsel fees from DYFS. They rely on this court’s harsh words in dismissing the action4 in support of their argument that DYFS’s “abuse and neglect” complaint was frivolous within the meaning of N.J.S.A 2A:15-59.1 (“the frivolous litigation statute”).

Originally, the moving and opposing papers presupposed DYFS’s vulnerability to attack by way of the frivolous litigation statute. That was logical since an earlier decision had, in fact, said so. See Matter of K.L.F., 275 N.J.Super. 507, 646 A.2d 532 (Ch.Div.1993). Prior to the return date of this motion, however, the parties were invited to brief the question of whether K.L.F. should be followed.

For the reasons expressed below, this court disagrees with K.L.F. and holds that DYFS may not be sanctioned by way of N.J.S.A. 2A:15-59.1. Accordingly, ' the question of whether [83]*83DYFS’s complaint was actually frivolous, or commenced or continued in bad faith, need not be reached.

II

ANALYSIS

A. The Problem

Picture the following scene. DYFS receives a referral from a school that one of their students has claimed to having been physically punished by his parents. A DYFS case worker is dispatched to the child’s home that night. She is greeted by angry parents and tempers flare. The case worker seeks some indication that the child will not be disciplined inappropriately in the future but the parents stubbornly refuse to discuss the matter. None of the case worker’s comments calm the waters or defuse the volatile situation. She calls her supervisor who contacts the local police in order to help restore civility in the home. Nothing works and while the case worker never intended to remove the child from the home, she now feels that the present situation warrants drastic action, particularly since some of the parents’ anger seems directed toward the child. DYFS immediately removes the child from the home and a complaint is filed with the Family Part the next day. Whether the child was ever actually abused or neglected prior to removal remains a mystery as the litigation begins.

DYFS has been given the power to intervene into a scene such as described above, see N.J.S.A. 9:6-8.29(a), in order to “assure that the lives of innocent children are immediately safeguarded from further injury and possible death and that the legal rights of such children are fully protected.” See N.J.S.A. 9:6-8.8. The issue now raised by defendants requires the court to consider whether the Legislature, in empowering DYFS to act swiftly and decisively to protect a potentially endangered child, also requires DYFS to act with deliberation and circumspection—to “stop, [84]*84think, investigate and research”5—as required of private litigants in less exigent circumstances.

In entertaining the conjectures that spring from this case, the court must consider the Legislature’s expressions and intentions against the backdrop of the extraordinarily important goal of the protection of children from abuse and neglect.

B. Did the Legislature Intend to Include DYFS as a Party Against Whom Frivolous Litigation Sanctions Could be Awarded?

In determining how a particular statute should be applied, the ultimate function of a court is to implement the intent of the Legislature. State v. Sutton, 132 N.J. 471, 479, 625 A.2d 1132 (1993). That intent is to be found on the textual face of the statute- in question when it is unambiguous. State v. Butler, 89 N.J. 220, 226, 445 A.2d 399 (1982). Under those circumstances the court’s “sole function” is to enforce the statute “according to its terms.” Sheeran v. Nationwide Mutual Insurance Company, 80 N.J. 548, 556, 404 A.2d 625 (1979). On the other hand, when the statute is ambiguous, or its application to a particular problem is unclear, the Legislature’s intent must be found by applying the rules of construction traditionally applied by the courts.

1. The Legislature’s Words

The Legislature’s desire to exempt DYFS from sanctions and to leave unfettered DYFS’s pursuit of the protection of children can be found on the faces of N.J.S.A. 2A:15-59.1 and N.J.S.A 2A:15-60. N.J.S.A 2A:15-59.1 permits an award of fees in favor of a prevailing party if the court finds that a pleading of the “non-prevailing person” was frivolous. N.J.S.A 2A:15-60 provides that [85]*85“[i]n an action brought by the state ... the defendant ... shall not recover any costs against [the state].”

A close examination of the wording of these statutes compels a finding that the Legislature chose not to include the state, or any of its subdivisions, as a target of frivolous litigation sanctions. While the version of the frivolous litigation statute in existence at the time K.L.F. was decided strongly suggests this result, the amendments that were enacted after K.L.F. dispel any such doubts. The older and newer versions of the statute will be viewed separately.

(a) “Something Old”: the Pre-1994- Version of the Frivolous Litigation Statute

N.J.S.A 2A.T5-60 expressly bars an award of costs against the state “or any person for the use of the state.” The court in K.L.F. acknowledged that this statute ostensibly prohibits an award of counsel fees against DYFS but avoided the effect of that conclusion when it mistakenly ruled that N.J.S.A. 2A: 15-60 was in conflict with (and modified by) N.J.S.A 2A:15-59.1.

Notwithstanding N.J.S.A. 2A:15-60, the phrasing used by the Legislature in the frivolous litigation statute reflects a conscious decision to bar its application to the state or its subdivisions. This can be seen when N.J.S.A. 2A:15-59.1 is momentarily shorn of most of its otherwise relevant verbiage, so that the statute reads that fees may be awarded to

A party who prevails ... against any other party ... [who is a] non-prevailing person, (emphasis added)

It is agreed, as urged by K.L.F., that the word “party” is generally understood to have a broad meaning. See, e.g., Kasharian v. Wilentz, 93 N.J.Super. 479, 482, 226 A.2d 437 (App.Div.1967) (a party is “the person or entity beneficially interested or personally sought to be held liable”); In re Garey’s Estate, 65 N.J.Super.

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Bluebook (online)
693 A.2d 941, 301 N.J. Super. 80, 1997 N.J. Super. LEXIS 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/division-of-youth-family-services-v-pm-njsuperctappdiv-1997.