New Jersey Department of Children & Families v. A.L.

59 A.3d 576, 213 N.J. 1
CourtSupreme Court of New Jersey
DecidedFebruary 6, 2013
StatusPublished
Cited by249 cases

This text of 59 A.3d 576 (New Jersey Department of Children & Families v. A.L.) 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
New Jersey Department of Children & Families v. A.L., 59 A.3d 576, 213 N.J. 1 (N.J. 2013).

Opinion

Chief Justice RABNER

delivered the opinion of the Court.

This is a case of statutory interpretation. The question presented is whether a court can find “abuse” or “neglect” of a child under Title 9 if an expectant mother uses drugs during pregnancy but there is no evidence of actual harm when the baby is born. To determine the answer, we do not start with a clean slate. Instead, we interpret a comprehensive legislative scheme relating to child welfare and look to the language of the relevant statutes.

“Abuse” and “neglect” are carefully defined in the law. N.J.S.A. 9:6-8.21(e). The statute in question addresses harm to a child, not a fetus. If an expectant mother’s drug use causes actual harm to the physical, mental, or emotional condition of a newborn child, a finding of abuse or neglect is appropriate. If there is no evidence of actual harm, though, the statute requires a showing of “imminent danger” or a “substantial risk” of harm before a parent or guardian can be found to have abused or neglected a child. Ibid. (emphases added).

To meet that threshold, the New Jersey Division of Child Protection and Permanency (Division)1 must present sufficient proof of harm at a fact-finding hearing in contested cases. In this [9]*9case, the Division conceded that there was no evidence of actual harm to the newborn. To show risk of harm, the Division presented a series of documents but no testimony. The critical documents revealed that the mother tested positive for cocaine upon admission to the hospital. They also showed the presence of cocaine metabolites in the baby’s meconium, or first stool. The baby’s health was otherwise normal, and he was discharged from the hospital after two days.

We find that the records alone did not prove imminent danger or a substantial risk of harm to the newborn child. The records, without more, revealed little about the degree of future harm posed to the newborn, which is the statute’s critical focus in this case. As a result, the Division did not carry its burden of proof to establish abuse or neglect under Title 9. We therefore reverse the judgment of the Appellate Division, which affirmed the trial court’s finding of abuse or neglect.

In the future, the Division can prevail in Title 9 proceedings if it presents evidence of actual harm or stronger proof of imminent danger to a child, as discussed more fully below. The Legislature has also provided two additional bases to protect children in these circumstances: (1) the Division can offer services to expectant and new mothers under certain circumstances, with their consent, see N.J.S.A. 30:4C-11; and (2) the Division can seek a court order to intervene and require a mother to undergo treatment, or seek other relief, if the best interests of the child so require, see N.J.S.A. 30:4C-12.

I.

A.L. gave birth to a son, A.D., at 2:16 a.m. on September 10, 2007. When she was admitted to the hospital earlier that day, she tested positive for cocaine. The hospital tested A.D.’s urine two hours after birth, and the results were negative for cocaine. A test of A.D.’s meconium, or first stool, later the same day revealed the presence of “cocaine metabolites.”

[10]*10The hospital promptly contacted the Division and reported the mother’s positive drug screen. In response, the Division immediately started an investigation.

We glean the following facts from the exhibits the Division introduced at a fact-finding hearing. At some point on September 10, a Division caseworker spoke with a social worker at the hospital, who reported that on May 16, 2007, A.L. had tested positive for marijuana. The hospital had tested A.L.’s urine while treating her in her fifth month of pregnancy.

Early in the afternoon of September 10, the Division interviewed T.L., A.L.’s son from a different relationship, who was then five years old. At the time, A.L., T.L., and the newborn’s father, T.D., all lived with A.L.’s parents. T.L. did not identify any problems at home. The report notes that he was dressed appropriately and was well-groomed.

The Division then met with A.L. and T.D. at the hospital. A.L. denied ever using drugs. She claimed that two days earlier, she and T.D. had picked up an intoxicated friend from a bar. The friend sat in the back seat of the car. When A.L. saw the friend pull out a plastic bag that appeared to contain cocaine and start to use it, she claims that she tried to grab the bag to get rid of it. According to A.L., the bag exploded, and the cocaine spilled all over her and the car. She claimed that she may have ingested cocaine from the incident.

With regard to the positive marijuana screen four months earlier, A.L. explained that she worked at a pharmacy and had delivered medication to a customer who suffered from cancer and AIDS. A.L. claimed that the customer was smoking marijuana when she made the delivery, and she smelled the marijuana from the doorway. She said the delivery must have been the cause of the positive drug test.

T.D., in a separate interview, also denied using drugs and corroborated A.L.’s story about how she might have ingested cocaine two days before. The Division also met with A.L.’s [11]*11parents, with whom she lived, and conducted a safety assessment at the family home. Among other things, the caseworker reported that the baby “was well groomed and appeared to be well cared for physically” on September 10.

The Division’s Investigation Summary concluded that the allegation of neglect against A.L. was substantiated and that a safety protection plan was required. The report assessed the risk of neglect as “1,” the risk level as “low,” and the risk of abuse as “0.” All parties agreed to a Safety Protection Plan on September 11, 2007, which required A.L.’s parents to supervise her contacts with both of her children.

Meanwhile, the hospital records for the same period describe A.D.’s condition. A “Newborn Physical Exam” reports that his Apgar scores, which measure a baby’s health at birth, were 8 and 9 out of 10. Checks done of sixteen categories — including various organs, neurological reflexes, and the baby’s appearance — were all “normal” after birth, the following day, and again at discharge. The records note that A.D. appeared jaundiced on September 12. He was discharged the same day, two days after birth.

The hospital records also include the results of various tests performed. A.D.’s urine toxicology screen was negative for all substances tested, including cocaine. A.D.’s stool toxicology tested positive for cocaine. That report states the following: “Confirmed POSITIVE by GC/MS for cocaine use by the presence of the following cocaine metabolite(s): Benzoylecgonine = 88 ng/g.” A blood glucose record describes the patient as “jittery,” but it is not clear whether the notation refers to A.L. or A.D. (The trial judge made no findings about the document and did not rely on it.)

On October 9, 2007, the Division filed a verified complaint for care and supervision of A.D. and T.L., pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. The trial court signed an order to show cause on October 15, 2007, which provided certain interim relief. It granted the Division care and supervision of the children, required that A.L. have supervised contact with them, and ordered A.L. to attend a drug and alcohol evaluation and cooper[12]*12ate with random urine screens.

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

Related

Dcpp v. L.E.F., in the Matter of J.J.N.
New Jersey Superior Court App Division, 2025
Dcpp v. M.Q., in the Matter of K.L.
New Jersey Superior Court App Division, 2025

Cite This Page — Counsel Stack

Bluebook (online)
59 A.3d 576, 213 N.J. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-department-of-children-families-v-al-nj-2013.