L.A. v. New Jersey Division of Youth & Family Services

89 A.3d 553, 217 N.J. 311, 2014 WL 1613376, 2014 N.J. LEXIS 458
CourtSupreme Court of New Jersey
DecidedApril 23, 2014
StatusPublished
Cited by19 cases

This text of 89 A.3d 553 (L.A. v. New Jersey Division of Youth & Family Services) 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
L.A. v. New Jersey Division of Youth & Family Services, 89 A.3d 553, 217 N.J. 311, 2014 WL 1613376, 2014 N.J. LEXIS 458 (N.J. 2014).

Opinion

Justice LaVECCHIA

delivered the opinion of the Court.

The question presented in this medical malpractice matter concerns the statutory standard to determine when reporting of suspected child abuse is required. A toddler was brought to a hospital’s emergency room for treatment of what was assessed as accidental cologne ingestion. The child was treated and released from the hospital’s emergency department to the care of her father the same evening. The emergency room physician did not report the matter as an incident of suspected child abuse. However, subsequent events in the life of this child resulted in findings that she was subjected to separate incidents of child abuse, and she was removed from the care and custody of her father and stepmother.

Based on the initial emergency room episode, the child’s adoptive parent and legal guardian filed this malpractice action against the hospital and the emergency room physician who attended to the child. The complaint alleges that the doctor breached the duty imposed by N.J.S.A 9:6-8.10 to report suspected child abuse. The hospital is named in its respondeat superior capacity.

In this medical malpractice action, all parties agree that the standard of care to which the emergency room physician should be held is expressed in N.J.SA 9:6-8.10. N.J.S.A 9:6-8.10 provides the longstanding standard for the reporting of suspected child abuse: “Any person having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse shall report the same immediately” to the State. If reasonable cause exists to believe that child abuse has occurred, a statutory duty to report arises. See N.J.S.A 9:6-8.14 (making violation of duty punishable as disorderly person offense).

We discern in N.J.S.A 9:6-8.10 a legislative intent to impose a universal obligation to report child abuse whenever a person forms a reasonable belief that a child has been subjected to child abuse. The statute’s language and history plainly establish that the enactment was a carefully thought out imposition of a [317]*317general duty, and that great care was taken when choosing “reasonable belief’ as its trigger. We hold that, in light of the statute’s language and history, the “reasonable belief’ threshold requires an objective assessment of whether given all of the facts and circumstances known at the time a person similarly situated would have held a reasonable belief that child abuse had occurred. That interpretation is neither novel nor new and is consistent with other judicial applications of a “reasonable cause” standard.

Application of an objective reasonableness review in this matter compels the conclusion that the trial court correctly determined that, as a matter of law, defendants did not breach the statutory duty imposed by N.J.S.A. 9:6-8.10. The trial court’s grant of summary judgment to those defendants was correct. We therefore reverse the contrary Appellate Division judgment.

I.

A.

The summary judgment record reveals the following. On January 13, 2001, at about 8:00 p.m., two-year-old S.A. was brought to the emergency room of the Jersey Shore University Medical Center (JSMC) by two men who identified themselves as her relatives. They informed the triage nurse that they had been called to S.A.’s home by S.A.’s stepmother because S.A. was vomiting and unable to walk. The nurse noted that S.A. was lethargic and weak, and that she had an unusual odor on her breath.

S.A. was examined by Dr. Daniel Yu, M.D., a board-certified Emergency Medicine specialist who was then an attending physician in JSMC’s Emergency Department. Dr. Yu noted that S.A.’s mouth smelled of “cologne” and “chemical alcohol.” Dr. Yu conducted a full examination of S.A., including checking her breathing, pulse, blood sugar, mucous membranes, neck, heart, lungs, abdomen, extremities, and skin. He also performed a thorough set of diagnostic tests, including a urinalysis, a blood [318]*318test, and chest x-rays, as well as checking for metabolic disorders and internal bleeding. Dr. Yu treated S.A. with an intravenous saline drip to prevent dehydration. The blood test results revealed that S.A. had a blood alcohol concentration of 0.035 percent.

S.A.’s father, K.L., arrived at the hospital around 8:30 p.m. He presented JSMC staff with a bottle of cologne and stayed with S.A. while she was at JSMC. Dr. Yu noted that the cologne had a similar odor to S.A.’s breath. Taking into account the low body weight of this child when assessing the impact of ingesting cologne containing chemical alcohol, Dr. Yu diagnosed S.A. with accidental cologne ingestion. Dr. Yu did not record information about the cologne such as the size of the bottle, how much cologne remained in the bottle, the brand of cologne, or the ingredients of the cologne, although he testified that he understood cologne to have a high ethanol content. Dr. Yu also did not inquire as to how S.A. had come to consume the cologne. While she was at JSMC, S.A. also was assessed by a pediatric resident and several nurses. Neither Dr. Yu nor any of the JSMC staff noted any signs that S.A. had been abused or neglected, and the Division of Youth and Family Services (DYFS)1 was not contacted.

S.A. became more alert and was able to stand by 9:30 p.m. She was discharged to K.L. at 11:20 p.m., at which time she was walking steadily and was able to tolerate fluids.

Subsequent to S.A.’s treatment at JSMC, S.A. received medical treatment at another physician’s office for a chemical burn on her foot. She was seen by that doctor on February 23, February 27, and March 1,2001, and he made no reports to DYFS in connection with the incident. On March 15, 2001, DYFS received a report of suspected child abuse concerning S.A. The caller informed DYFS that S.A. had burn marks over her body and a belt mark on her [319]*319chest, and that she was being beaten by her stepmother. A DYFS case worker examined S.A. and determined that S.A.’s injuries were the result of abuse and neglect. Nevertheless, DYFS did not remove S.A. from the care of K.L. and his wife. On April 5, 2001, DYFS received a report that S.A. had been found hanging from a hook on a door with her hands bound. DYFS’s investigation revealed numerous injuries inflicted on S.A.: multiple burns including ones located on her private parts, numerous bruises on her body, and a welt on her chest. She was removed from K.L.’s care, taken into DYFS’s custody, and ultimately placed with L.A., who adopted her in April 2006.

B.

In April 2007, L.A. filed the instant complaint individually and on behalf of S.A. against several parties, including Dr. Yu and JSMC.2 The complaint alleged that Dr. Yu had committed medical malpractice and had breached the standard of care set forth in N.J.S.A. 9:6-8.10 by failing to notify DYFS after treating S.A. for accidental cologne ingestion. With the exception of Dr. Yu and JSMC, all defendants settled out of court.

Following the exchange of discovery, Dr. Yu and JSMC filed motions for summary judgment. On August 13, 2010, the trial court granted summary judgment in favor of defendants, holding that no reasonable jury could find that Dr. Yu had reasonable cause to believe that child abuse had been committed against S.A.

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

Related

Department of Children and Families v. A.T.
New Jersey Superior Court App Division, 2026
C.H. v. Department of Children and Families
New Jersey Superior Court App Division, 2026
Aa Glass Industries, LLC v. Seaside Ocean Terrace, LLC
New Jersey Superior Court App Division, 2026
State of New Jersey v. Ahjhir K. Jones
New Jersey Superior Court App Division, 2025
L.B. v. S.B.J.
New Jersey Superior Court App Division, 2025
Schibell Mennie & Kentos LLC v. Allied World Insurance Company
New Jersey Superior Court App Division, 2024
Gloria Flores v. Jeanette Page-Hawkins
New Jersey Superior Court App Division, 2024
K.J. v. TOWNSHIP OF GALLOWAY
D. New Jersey, 2023
N.E., as Legal Guardian for Infant J v. v. State of
156 A.3d 44 (New Jersey Superior Court App Division, 2017)
D.V. ex rel. B.V. v. Pennsauken School District
247 F. Supp. 3d 464 (D. New Jersey, 2017)
New Jersey Division of Child Protection and Permanency
153 A.3d 941 (New Jersey Superior Court App Division, 2017)
Department of Children and Families v. D.B. & A.G.
New Jersey Superior Court App Division, 2015

Cite This Page — Counsel Stack

Bluebook (online)
89 A.3d 553, 217 N.J. 311, 2014 WL 1613376, 2014 N.J. LEXIS 458, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-v-new-jersey-division-of-youth-family-services-nj-2014.