New Jersey Division of Youth & Family Services v. F.M.

867 A.2d 499, 375 N.J. Super. 235, 2005 N.J. Super. LEXIS 63
CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 22, 2005
StatusPublished
Cited by71 cases

This text of 867 A.2d 499 (New Jersey Division of Youth & Family Services v. F.M.) 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 Youth & Family Services v. F.M., 867 A.2d 499, 375 N.J. Super. 235, 2005 N.J. Super. LEXIS 63 (N.J. Ct. App. 2005).

Opinion

The opinion of the court was delivered by

HOENS, J.A.D.

In this guardianship matter, defendant Florence M.1 appeals from the entry of a judgment terminating her parental rights2 and placing her two children in the care and under the guardianship of plaintiff Division of Youth and Family Services (DYFS). We reverse and remand.

Because of the grounds on which we base our reversal, we recite the facts and the procedural history of this matter at length. On December 13, 2001, Phillipsburg Police Officer Scott Imboden went to the apartment where Florence and Charles M. resided with their two children Ralph M., then aged twenty-eight months, and Elizabeth M. who was eight months old. His purpose was entirely unrelated to any issue involving Florence or Charles. Instead he was there to assist a detective from the Prosecutor’s Office in arresting K.H., a friend of Charles’s, on an outstanding warrant.

[241]*241The apartment was on the second and third floors of a house on Bennett Street in Phillipsburg. While the officers were standing in the doorway on the first floor, Imboden recognized K.H. and arrested him. After making the arrest, K.H. informed Imboden that Charles was not home and he gave Imboden permission to enter the apartment. The officers went upstairs into the parties’ apartment and searched the living room, kitchen, bedrooms and bathroom on the second floor as well as the room on the third floor. The reason for that search is not apparent from the record.

It is undisputed that Florence was at work when the search was conducted. Charles had left the children in the care of Carlos, a young adult, while he went shopping. When the police entered, Carlos was in the living room with Ralph, who was wearing only a diaper. There was a brown bag with vomit leaking through it on the floor a few feet from where Ralph was sitting and the room was littered with overflowing ashtrays and empty beer cans. Imboden then found Elizabeth in a crib in her bedroom. Next to the crib was a couch on which there were dirty diapers, empty beer cans, and cigarette butts. In addition, there was a mattress on the floor and clothes were strewn about the room.

According to Imboden’s investigation report, the “kitchen had food and debris scattered about, there were numerous trash containers filled with empty beer cans, [and] food was scattered about the tops of both the countertops and the stove.” There were also dirty dishes stacked in the sink with food residue on them. Imboden also observed that there “was very little or no edible food” inside the refrigerator and he did not see any baby formula or food for a small child in the kitchen. Imboden then went to the third floor of the apartment, where he found three people sleeping on the floor and another asleep in a bed. Imbo-den also found that there were numerous cases of beer on the third floor.

Imboden noticed that Ralph had red marks over much of his body, which Carlos thought might be flea bites from the family dogs. When Imboden advised his supervisor of his observations, [242]*242the supervisor contacted DYFS and the zoning inspector. The zoning inspector arrived promptly and determined that the premises were fit to live in. As the zoning inspector was leaving, Charles returned home. Imboden informed Charles that the children would need to be taken to the hospital because of Ralph’s rash and the condition of the house. Charles consented and the emergency squad transported both children to the hospital.

At the hospital, the doctor initially diagnosed the red marks on Ralph as scabies and concluded that Ralph must have suffered from that condition for several months. In addition, he noted that the tip of Ralph’s penis was red, possibly due to “very poor” hygiene and his feet were also blackened by dirt. According to the doctor, Elizabeth had a diaper rash and showed signs of poor hygiene. Hospital workers bathed both children and treated them for scabies. Other doctors confirmed Ralph’s diagnosis of scabies two days later and prescribed medication to treat it.

Florence, who at the time was nineteen years old, arrived at the hospital after her work shift ended. By that time, the children had been bathed. She told Imboden that the house was messy because Charles had hosted a party the night before, that she had stayed on the second floor with her children while the party was in progress on the third floor, and that she had told Charles to clean up the mess when she left for work that morning. She was not aware that Charles had not done so or that he had left Carlos in charge of the children. Respecting the children’s health, she told Imboden that she had not taken Ralph to a “certified doctor” for approximately six months.

While medical records revealed that Ralph’s last visit with a doctor was in July 2001, Florence did not tell the officer or DYFS that the children had been seen at the home by a public health nurse who reported on September 17, 2001 that she had found nothing wrong with them. Florence told DYFS caseworker Sharon Walsh that she thought the red marks on Ralph were the result of flea bites, that she had not sought medical attention because the condition “wasn’t that bad” and that she had planned to take him [243]*243to the doctor on her next day off, a few days later. At trial, she disputed Imboden’s assertion that she had no food for the children. She testified that there was baby formula in the house because she got a month’s supply at a time through the WIC program and would “leave it in the bag and put it in the bottom of the closet, in the bottom of the right pantry.” She specifically recalled that she had last gotten a supply on the first or second day of December.

After Walsh informed Florence that it was not safe to return the children to her care because of the condition of her home and Ralph’s untreated scabies, Florence consented to having her children placed outside the home for fifteen days. Florence immediately asked Walsh what she needed to do in order to have her children returned to her. Walsh told her that the residence needed to be cleaned. When Walsh testified at trial, she conceded that she visited the residence the next day and found that it had been cleaned and was in a condition she found to be acceptable. Based on the consent, however, DYFS had already placed Ralph and Elizabeth in foster care.

On January 9, 2002, DYFS filed its complaint and was granted temporary custody of Ralph and Elizabeth. On the same day, the Family Part judge issued an Order to Show Cause and to Appoint a Law Guardian with Temporary Custody. The order stated that “the removal of the children was required due to imminent danger to the children’s life, safety or health” as “both parents failed to have children treated for various medical conditions, notwithstanding they were advised to do so by treating pediatricians.”

Florence requested that DYFS place the children with her parents, F.T. and S.T., but the children could not be immediately placed there because DYFS had an open case involving the maternal grandparents. DYFS later ruled out Florence’s parents as a potential placement because Florence’s mother, S.T., had once tested positive for marijuana and declined to comply with a recommendation that she attend early intervention services. DYFS also considered the children’s maternal great aunt, E.V., as [244]*244a possible placement. DYFS decided not to place Ralph and Elizabeth with E.V.

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

Related

Dcpp v. N.F., in the Matter of the Guardianship of L.J.F.-w.
New Jersey Superior Court App Division, 2025
Dcpp v. K.F.-b. and T.P., in the Matter of J.P.
New Jersey Superior Court App Division, 2025
George Vetter and Deborah Vetter v. Township of Warren
New Jersey Superior Court App Division, 2024
Dcpp v. V.C. and J.B., in the Matter of the Guardianship of C.D.B.
New Jersey Superior Court App Division, 2024
Dcpp v. S.B., in the Matter of the Guardianship of P.A.B.
New Jersey Superior Court App Division, 2024
Dcpp v. E.K. and C.D., in the Matter of the Guardianship of K.L.D.
New Jersey Superior Court App Division, 2024
Dcpp v. A.M.K. and H.B., I/M/O the Guardianship of J.A.B.
New Jersey Superior Court App Division, 2024
C.A.L. v. A.C.
New Jersey Superior Court App Division, 2023

Cite This Page — Counsel Stack

Bluebook (online)
867 A.2d 499, 375 N.J. Super. 235, 2005 N.J. Super. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-division-of-youth-family-services-v-fm-njsuperctappdiv-2005.