New Jersey Division of Child Protection and Permanency v. C.W. in the Matter of I.N.W.

87 A.3d 245, 435 N.J. Super. 130
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 27, 2014
DocketA-0542-12
StatusPublished
Cited by9 cases

This text of 87 A.3d 245 (New Jersey Division of Child Protection and Permanency v. C.W. in the Matter of I.N.W.) 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
New Jersey Division of Child Protection and Permanency v. C.W. in the Matter of I.N.W., 87 A.3d 245, 435 N.J. Super. 130 (N.J. Ct. App. 2014).

Opinion

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0542-12T4

NEW JERSEY DIVISION OF CHILD PROTECTION AND APPROVED FOR PUBLICATION PERMANENCY, March 27, 2014

Plaintiff-Respondent, APPELLATE DIVISION

v.

C.W.,

Defendant-Appellant. _________________________________

IN THE MATTER OF I.N.W., a minor. _________________________________

Submitted February 12, 2014 - Decided March 27, 2014

Before Judges Lihotz, Maven and Hoffman.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Camden County, Docket No. FN-04-339-12.

Joseph E. Krakora, Public Defender, attorney for appellant (Robert H. McGuigan, Designated Counsel, on the brief).

John J. Hoffman, Acting Attorney General, attorney for respondent (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Andrea R. Fonseca-Romen, Deputy Attorney General, on the brief).

Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor I.N.W. (Lisa M. Black, Designated Counsel, on the brief). The opinion of the court was delivered by

LIHOTZ, J.A.D.

We address the requisite procedures Family Part judges must

follow to protect a defendant's due process rights when a

child's testimony is sought in a protective services action. We

hold that in any proceeding filed pursuant to N.J.S.A. 9:6-

8.2(c), when a defendant objects to utilizing an alternative to

the child's in-court testimony, the judge must adhere to the

statutory procedures outlined in N.J.S.A. 2A:84A-32.4, prior to

allowing in camera testimony of a child-witness.

In this matter, defendant C.W. appeals from two Family Part

orders entered in this Title Nine action initiated by plaintiff,

the Division of Youth and Family Services (Division).1 The first

order under review was filed on April 20, 2012, following trial,

and included the judge's findings that C.W.'s daughter, I.N.W.,

was an abused or neglected child pursuant to N.J.S.A. 9:6-

8.21(c), and C.W. "failed to provide a minimum degree of care 2 for the child due to her drinking problem." The second order,

1 On June 29, 2012, the Governor signed into law A-3101, which reorganizes the Department of Children and Families, including the renaming of the Division as the Division of Child Protection and Permanency. L. 2012, c. 16, eff. June 29, 2012 (amending N.J.S.A. 9:3A-10(b)). 2 K.R., C.W.'s boyfriend who resided in the household, was also a named defendant in the litigation. However, because he (continued)

2 A-0542-12T4 filed on August 15, 2012, placed I.N.W. in the custody of her

adult sibling, awarded custody of her younger sibling to a

paternal relative, and concluded the litigation. On appeal,

C.W. challenges the sufficiency of the evidence and argues the

trial judge erred in grounding her factual findings upon then

seventeen-year-old I.N.W.'s in camera interview. Although the

procedure followed in this matter did not conform to the

requirements of N.J.S.A. 2A:84A-32.4, defendant did not object

to the use of the alternate procedure. Further, the evidence of

record, after excluding I.N.W.'s in camera statements, amply

supports the judge's findings of abuse and neglect.

Accordingly, we conclude C.W.'s due process rights were not

impinged and affirm.

At trial, the Division chose to admit documentary evidence,

without objection from defendants or the Law Guardian. This

included six multi-page exhibits containing: prior Division

records beginning in 1996, substantiating incidents of abuse or

neglect by C.W.; Division case notes and reports, redacted by

agreement, recording the Division's investigation of the instant

referral and interviews regarding the alleged assault of I.N.W.

by C.W. and K.R.; and a report prepared by the Gloucester

(continued) has not participated in this appeal, we omit the order's provisions addressing his conduct.

3 A-0542-12T4 Township Police Department (GTPD) documenting the investigation

of the alleged assault by C.W. and K.R., along with photographs

depicting I.N.W.'s injuries. The Division offered no witnesses.

Neither C.W. nor K.R. testified. However, K.R. presented

testimony from his brother and a friend who were present in the

home when the subject altercation occurred. At the close of

evidence, the trial judge spoke to I.N.W. in chambers, while

counsel and the parties listened, as the interview was broadcast

into the courtroom. Prior to the interview, the judge had

requested all parties to submit questions to be posed to the

child.

These facts are found in the exhibits admitted into

evidence. The GTPD contacted the Division on the evening of

December 2, 2011, when sixteen-year-old I.N.W. appeared at the

police station with her adult sibling. I.N.W. reported C.W. and

K.R. had physically assaulted her at a time when the two had

been drinking.

Family Services Specialist Demetrius Briggs and another

Division caseworker responded. The Division's case notes

recited the information obtained from the police station

interviews of I.N.W. and her older sibling. At that time,

Briggs also recorded his observations of I.N.W.'s physical

appearance, stating she had "several scratches" on her face,

4 A-0542-12T4 including "a scratch on the left cheek approximately an inch and

a half [sic] long; a linear abrasion approximately three inches

long on the right side of her neck; an abrasion on the back/left

side of her neck; and bruising on the left jaw area." A police

officer photographed I.N.W.'s injuries.

In her interview with Briggs, I.N.W. stated when she

returned home from school, C.W. and K.R. had been drinking. She

stated "everyday" C.W. and K.R. drink "beer and vodka" before

she and her sibling return home from school and "both become

very angry when they drink[]."

C.W. and her youngest child began joking, but the banter

turned into an argument when C.W. "suddenly became irritated and

started yelling," purportedly because I.N.W. began laughing.

I.N.W. intended to go to the library and may have "called her

mother crazy," as she left the residence. C.W. followed I.N.W.

outside and "began hitting her while her back was turned." C.W.

pushed I.N.W. to the ground and "continued to punch and hit her,

knocking her into the chair on the porch." I.N.W. "reported as

she was on the ground, her mother grabbed her by the throat and

was strangling her." I.N.W "grabbed [C.W.]'s wrists," in an

attempt to try to remove her hands from her neck. When C.W.

released I.N.W., she got up and ran to her friend's home and

never returned. I.N.W. also told Briggs of an earlier incident

5 A-0542-12T4 when K.R. struck her. Ultimately, I.N.W.'s older sibling was

called and drove her to the police station.

That night, Briggs and his co-worker went to the home,

accompanied by the GTPD investigating officers. Briggs removed

I.N.W. and her younger sibling from their parents' care and

placed them in a resource home. N.J.S.A. 9:6-8.21 and N.J.S.A.

30:4C-12. Thereafter, the Family Part granted the Division

custody, care and supervision of both children.

Briggs also recorded the following notes after his December

2, 2011 investigation.

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87 A.3d 245, 435 N.J. Super. 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-division-of-child-protection-and-permanency-v-cw-in-the-njsuperctappdiv-2014.