New Jersey Department of Children & Families v. I.S.

66 A.3d 1271, 214 N.J. 8
CourtSupreme Court of New Jersey
DecidedJune 12, 2013
StatusPublished
Cited by44 cases

This text of 66 A.3d 1271 (New Jersey Department of Children & Families v. I.S.) 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. I.S., 66 A.3d 1271, 214 N.J. 8 (N.J. 2013).

Opinion

Justice LaVECCHIA

delivered the opinion of the Court.

In this appeal, we address the actions that courts may authorize under Title 9 and Title 30, and the services that the Division of Youth and Family Services1 (the Division) may offer to families in [14]*14need under N.J.S.A. 30:40-12. Specifically, we address how the Legislature intended to authorize the Division to secure services for children in need when services are clearly needed, and a parent is unable to provide for the children’s health and safety but does not consent to turning over care, custody, or supervision to the Division. Further complicating this matter, the Family Part was unable to make a finding on this record that the children were abused or neglected as defined under Title 9. Family courts are expected to address many difficult situations, such as the one this case presented. We use this matter to address the proper application of the integrated and comprehensive means provided by the Legislature to the Division and the courts when confronting such challenging circumstances.

The Legislature has provided a variety of avenues in Title 9 and Title 30 by which the Division may intervene in a family to assist children and families in need. Title 9 allows the Division to become involved against the wishes of a parent when a child is abused or neglected. N.J.S.A. 9:6-8.21. The State’s child-protection policy interest lies in authorizing immediate care, custody, and supervision of the child harmed or at risk of imminent harm. In this matter, we clarify that when there is no finding of abuse or neglect, N.J.S.A. 9:6 — 8.50(c) does not permit the continued, indefinite exercise of jurisdiction by the family court. The Title 9 action must be dismissed. However, when the Division brings its complaint also under the authority granted to it under Title 30, the court’s jurisdiction may continue.

Legislative authorization to the Division under Title 30 enables the provision of services to children in need. There are two means provided: N.J.S.A. 30:40-11 and -12. N.J.S.A. 30:40-11 (Section 11) applies when the parent or parents voluntarily consent to the Division’s assistance. See N.J. Dep’t of Children & Families v. A.L., 213 N.J. 1, 31-32, 59 A.3d 576 (2013). N.J.S.A. 30:40-12 (Section 12) applies when there is no voluntary parental consent to Division care and supervision.

[15]*15This matter involves an action that the Division brought, in the alternative to Title 9, under authority conferred by N.J.S.A. 30:4C-12. In this opinion, we elaborate on what the Division must demonstrate to proceed with an action under Section 12 and the standard of proof required in these cases, which results in a diminution of parental autonomy. Without doubt, the Legislature intended N.J.S.A. 30:4C-12 to authorize the Division to intervene when children need services and a parent cannot provide that help for no fault-based reason. Section 12 authorizes the court to award care, supervision, and even custody to the Division for the provision of needed services, subject to the court’s periodic review. At bottom, the statute permits the Division — rather than parents — to determine what services the child or children will receive. However, Section 12 cannot be viewed fairly as providing free rein to the Division to inquire into the personal lives of families. This opinion highlights the legislative design that balances those interests through Section 12’s requirements.

In our review of the proceedings that took place here, we find no error in the court’s substantive determinations regarding the provision of services to the twin girls who were the subject of the Division’s action. Nor do we find that the court’s practical response to the custody circumstances presented at the conclusion of the residential services to each girl resulted in any deprivation of process to respondent, I.S. For the reasons expressed, although we reverse the Title 9 portion of the judgment that continued the court’s jurisdiction under that statutory scheme, we nonetheless affirm the judgment under the court’s Title 30 jurisdiction, as modified for the reasons expressed herein.

I.

A.

The complaint filed by the Division in this matter sought to obtain care and custody of nine-year-old twin girls under Title 9 and N.J.S.A. 30:4C-12. I.S. and E.S. are the biological mother [16]*16and father of N.S. and S.S., who were born on October 3, 1997. 1.5. and E.S. later divorced and have litigated custody, visitation, and child support in the Camden vicinage Family Part almost continuously until the twins were removed from I.S.’s custody through the intercession of the Division in 2007.

The Division first became involved with the family on January 22, 2003, when it received a referral indicating that the twins claimed they were sexually assaulted by their paternal grandmother during a weekend visit with E.S. After investigation, the Division declared the allegations unsubstantiated. Between 2003 and 2007, the Division received fourteen additional referrals concerning the children and their family members; all were deemed unfounded.

On September 7, 2007, the children’s in-home therapist reported to the Division that I.S. claimed N.S. was wielding a knife in the home. The therapist was concerned that the twins were a danger to themselves and to others in the home. The Division investigated and learned from I.S. that the twins hit, bit, and kicked her, each other, and their grandparents, who lived with the family and eared for the girls in I.S.’s absence. I.S. informed the Division that the twins suffered from pervasive developmental disorder, obsessive compulsive disorder, anxiety, and possibly a bipolar disorder. Notwithstanding her love for her daughters, I.S. believed that the girls would benefit from a residential placement where they could receive medical supervision and intensive counseling.

While conducting its investigation, the Division received three more referrals concerning the family. On September 12, 2007, the Division learned that the twins were wandering the neighborhood unsupervised. On September 16, 2007, hospital staff in the Virtua Health System contacted the Division after I.S. brought the girls to the hospital’s emergency room on the recommendation of a representative of the State Division of Developmental Disabilities. 1.5. told hospital personnel that she was overwhelmed, could not manage the twins’ care, and wanted to have the girls placed in a [17]*17residential facility. Three days later, on September 19, 2007, a school employee contacted the Division after learning from N.S. that S.S. was absent from school because S.S. had pulled I.S.’s hair and pointed a knife at l.S.

The Division interviewed S.S. regarding that last incident. S.S. disclosed that she disliked being home without I.S., who worked late into the evenings at the hospital where she was employed and, at times, would sleep overnight. S.S. also claimed that her grandfather hit her when the girls were left in his care at their home. When l.S. was interviewed, she admitted she was overwhelmed, wanted help with the girls, and acknowledged that they needed placement in a residential facility. However, she denied that the children’s grandfather hit them.

The Division effectuated an emergency removal of the girls from I.S.’s home on September 20, 2007.

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66 A.3d 1271, 214 N.J. 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-department-of-children-families-v-is-nj-2013.