In Re the Guardianship of J.C.

608 A.2d 1312, 129 N.J. 1, 1992 N.J. LEXIS 396
CourtSupreme Court of New Jersey
DecidedJune 30, 1992
StatusPublished
Cited by335 cases

This text of 608 A.2d 1312 (In Re the Guardianship of J.C.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Guardianship of J.C., 608 A.2d 1312, 129 N.J. 1, 1992 N.J. LEXIS 396 (N.J. 1992).

Opinions

The opinion of the Court was delivered by

HANDLER, J.

The State may seek guardianship of a child placed in foster care if it believes that the child has been abandoned by his or her natural parents or would suffer injury if returned to them. Transferring guardianship to the State terminates all the parental rights of the natural parents and is a prerequisite to having the child adopted by the foster parents or by another family. The Court in this case, as in the companion case, In re K.L.F., 129 N.J. 32, 608 A.2d 1327 (1992), is required to determine whether the parental rights of a natural mother should be terminated based on the need to protect children from potential harm that may result from being separated from foster parents with whom the children may have formed parental bonds.

The mother in this case has three children. Unable to cope with the difficulties of raising them, primarily because of homelessness, domestic abuse, and her own substance abuse, the mother voluntarily placed her children in foster care through the Division of Youth and Family Services. The children remained in foster care from 1986 until today, and although the mother regularly visited with them, the Division eventually determined that she lacked parental fitness and that the children required permanent homes. Acting on what it determined to be in the best interest of the children, the Division brought an action to terminate the mother’s parental rights in order that the children could be adopted.

The trial court held that the mother’s parental rights should be terminated, emphasizing the psychological harm that would result from breaking the bonds that each child had formed with foster caretakers. The Appellate Division affirmed in a per curiam opinion. The Court granted the mother’s petition for certification. 127 N.J. 549, 606 A.2d 362 (1991).

[6]*6I

A.C., who was bom in Colombia and came to this country as a teenager, is the natural mother of three children. Two girls, J.C. and J.M.C., were born in July 1983 and in January 1985, respectively, and J.C., a boy, was born in August 1986. A.C. voluntarily placed her two girls in foster care with the Division of Youth and Family Services (DYFS, Division, or agency) in August 1985. The children were returned to her after three months. Almost a year later, in October 1986, A.C. again placed the two girls, along with her new child, J.C., in foster care, where they have remained for the past five and a half years.

A.C. began unsupervised weekend visits with her children soon after their placement in foster care, seeing them regularly twice a month during the following year. Although DYFS had intended to reunite the family, in November 1987 the agency stopped unsupervised visits out of concern that the children were not being properly cared for. DYFS also came to believe that A.C. was addicted to drugs and was being abused by her husband (who, she claims, was not the father of any of the children). However, bi-monthly visits at the DYFS office continued. In April of the following year, A.C. entered drug treatment. By November 1988 the agency concluded that the children could not be returned successfully and that preparation should be initiated for their permanent placement and adoption. The agency transferred the case to its Adoption Resources Center (A.R.C.), which subsequently terminated visitation.

DYFS filed a petition for guardianship over the three children on July 7, 1989. It sought the termination of A.C.’s parental rights on the grounds that A.C. was unable and unwilling to stop causing the children harm and that to delay permanent placement would add to the harm facing the children.

At the time that DYFS moved for guardianship, the oldest child, J.C., had lived with at least two foster families. She was moved to her current pre-adoptive parents a week later, on July [7]*713, 1989. J.M.C. had been living with her current foster parents since October or November 1988. A.C. has since consented to the adoption of her youngest child, J.C., and his status is not an issue in the case.

The case was initially tried on November 9,1989, and December 15, 1989. Following a remand and additional hearings held in March 1991, the trial court concluded that termination of A.C.’s parental rights was necessary in the best interests of the children. It determined that A.C. had not, as a matter of law, abandoned her children even though she had placed them in foster care and had failed to achieve the requisite fitness to secure their return. However, it did find that the children would suffer serious psychological harm if they were removed from their foster or pre-adoptive homes and returned to A.C., and that the harm in part was attributable to A.C.’s own inability to plan for their future and her failure to rehabilitate herself. The Appellate Division affirmed.

II

Foster care is one of several social services that the Division of Youth and Family Services is empowered to provide to troubled families. A child may come into the custody of the Division and be placed in foster care pursuant to either a voluntary-placement agreement or a court order. In this case, the children were placed voluntarily without the involvement or review of a court. Under the voluntary-placement scheme, the decision to place a child in foster care rests solely with child’s parent or guardian. However, before providing foster care services DYFS must itself determine that a child’s welfare is endangered and that the child’s needs cannot be met either through financial assistance or placement with family or friends. N.J.S.A. 30:4C-11.

The law governing DYFS reflects a strong societal bent in favor of the integrity of the natural family. The law clearly favors keeping children with their natural parents and resolv[8]*8ing care and custody problems within the family. When children are placed in foster care, the law requires diligent efforts by the State to maintain a relationship between children and their parents and to return children home as quickly as possible. Nonetheless, when efforts to reunite families repeatedly fail, permanent plans must be made for children, justifying the termination of parental rights. The latter action requires court approval pursuant to a petition by the agency for guardianship. N.J.S.A. 80:40-15.

DYFS brought its legal action for guardianship over J.C. and J.M.C. under N.J.S.A. 30:40-15 (section 15), which provided for the termination of parental rights either when it is required in “the best interests of [the] child” [subsection c] or the parent “has failed substantially and continuously or repeatedly for a period of more than 1 year to maintain contact with and plan for the future of the child, although physically and financially able to do so.” [subsection d] Ibid. The Division relied on subsection (c) of section 15 as the basis for seeking termination of A.C.’s parental rights. N.J.S.A. 30:4C-20 (section 20) defines the court’s authority to terminate parental rights based on an application by DYFS under section 15. It may do so “[when it] is satisfied that the best interests of [the] child require that he be placed under proper guardianship.”

The Court in New Jersey Division of Youth and Family Services v. A.W., 103 N.J. 591, 512 A.2d 438

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Bluebook (online)
608 A.2d 1312, 129 N.J. 1, 1992 N.J. LEXIS 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-guardianship-of-jc-nj-1992.