New Jersey Division of Youth & Family Services v. S.I.

97 A.3d 265, 437 N.J. Super. 142
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 2, 2014
StatusPublished
Cited by29 cases

This text of 97 A.3d 265 (New Jersey Division of Youth & Family Services v. S.I.) 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. S.I., 97 A.3d 265, 437 N.J. Super. 142 (N.J. Ct. App. 2014).

Opinion

The opinion of the court was delivered by

LIHOTZ, J.A.D.

Defendant S.I. appeals from a Family Part order, entered following a fact-finding hearing, which determined she had abused and neglected her minor grandchild for whom she was the legal custodian.2 S.I. refused consent to allow the child to undergo a mental health evaluation because she believed the child was being “manipulative” and merely “acting out.” The Division of Youth and Family Services (the Division) executed an emergency removal and sought a psychiatric evaluation to discern whether the child was suicidal. S.I. challenges the trial judge’s factual findings, as well as her application of the law to the facts. Specifically, S.I. disputes: (1) the single act of withholding her consent for the mental health evaluation demonstrated medical neglect; (2) she failed to exercise a minimum degree of care by withholding her consent for the evaluation; and (3) the child suffered or was at imminent risk of suffering harm because she withheld her consent.

We have considered the arguments advanced by the parties. Although we find no fault with the Division’s initial decision to remove the child to effectuate a mental health evaluation, we conclude the record lacks substantial credible evidence that S.I.’s [147]*147conduct amounted to medical neglect or recklessly created a substantial risk to the child’s mental health or physical safety. N.J. Div. of Youth Family Servs. v. A.L., 213 N.J. 1, 59 A.3d 576 (2013). Accordingly, we reverse the finding of abuse or neglect.

These facts are taken from the April 5, 2012 fact-finding hearing. During the hearing the State presented testimonial evidence from two Division workers and admitted, without objection, documents evidencing the initial referral and the Division’s investigation. S.I. testified in her own behalf.3

A school nurse contacted the Division after a note written by S.l.’s then twelve-year-old grandchild was discovered, which stated: “I want to kill myself. I hate my life.” When confronted, the child explained she wrote the note more than a month earlier, but admitted being depressed. She stated she “ha[d] no plan on how she’s going to hurt herself.” Further, the child expressed fear of S.I., complaining her grandmother hits her in the back “once per week.” The child insisted she did not want to return to S.l.’s care.

A mobile crisis unit was contacted. The record states a response team went to the school, but does not include the results of the child’s evaluation.

The school’s vice principal contacted S.I. asking her to come to the school. S.I. complied. When told of the discovered note, S.I. did not believe the child was suicidal or desired to end her life. The vice principal informed the Division S.I. became “extremely upset” after the child’s comments were disclosed and she “could not be calmed.” S.I. insisted the child was acting out after being punished. She repeatedly denied the child’s allegations of physical abuse, and suggested the child was merely rebelling. S.I. declined the recommendation she take the child to the hospital for a mental health evaluation.

[148]*148The vice principal advised the Division worker when he told S.I. the child feared returning home, S.I. responded “She don’t want me. I don’t want her.” S.I. then left the school without the child. Subsequent calls by the vice principal to S.I. went unanswered. The school called the Division after S.I. left the school.

Division Special Response Unit (SPRU) worker Pedro Cereño responded to the school. He interviewed the child, who said she disliked school because classmates bullied her, called her names and made fun of her appearance. The child complained S.I. yells at her, which causes “feelings of depression” and “she would rather be dead than go through these things.” Although the child did not have a plan to harm herself, she feared returning home as “she d[id] not feel safe.” Finally, the child expressed she had limited contact with her parents.

Following unanswered calls to S.I., Cereño traveled to her home. The child remained in the school building with another SPRU worker.

Cereño spoke to S.I. regarding the note found by school officials and urged her to take the child to the hospital for a psychiatric evaluation. S.I. declined, stating the child was being manipulative as “she ha[d] not gotten her way.” S.I. explained the child was spoiled and accustomed to getting what she wanted; however, S.I. had lost her job and the family could no longer afford to spend money as before. S.I. characterized the child’s conduct as reflective of her rebellion because she had “behavioral issues.” Finally, S.I. remarked she was being treated for depression as a result of her own circumstances.

S.I. vehemently denied the child’s claims of physical abuse and the use of corporal punishment. S.I.’s daughter, who also lived in the home, confirmed the child was not physically abused.

After Cereño again discussed the need to take the child to the hospital, S.I. insisted it was unnecessary and stated she refused to “play into [the child’s] manipulation.” S.I. additionally stated she [149]*149did not want to go to the hospital for fear her own depression might trigger an anxiety attack.

Cereño explained if S.I. continued to refuse, the Division would be required to remove the child to obtain the evaluation. S.I. suggested the Division should “assume custody of the child because she wasn’t taking the child to the hospital.” Cereño also testified S.I. “remained adamant of the fact that if the child didn’t want to be in the home, that she was not going to have her there.” Cereño then offered to provide homemaker services for the household, but S.I. responded: “Hell [n]o.”

S.I. refused to sign the notice of emergency removal. Consequently, the Division effected a Dodd removal and assumed the child’s temporary care, custody, and supervision.4 The child was immediately taken to Jersey City Medical Center for a psychological evaluation, where she “was screened, not deemed a risk and ... released.”

Sarah Overholser, the caseworker who assumed responsibility for the case after the child was removed, also testified. She stated the Division’s investigation revealed the child’s claims of physical abuse by S.I. were “unfounded.”5 The Division also communicat[150]*150ed with the child’s parents, who expressed they maintained regular contact with her.

5.1. testified regarding her meeting with school officials and her interview by the Division. She stated the vice principal declined her requests to talk to the child when she did not want to return home. S.I. asked what she should do and what the school was going to do, but the vice principal just “shrugged”; so she left. She insisted the vice principal never stated the child needed a psychiatric evaluation.

In speaking with Cereño, S.I. related she lost her job and “had gotten very ill with depression” and “had basically a breakdown.” 5.1. explained her depression and anxiety caused her to become “mixed-up,” “overwhelm[ed],” and unable to adequately explain her position or “get [ ] Cereño to understand” her view of the child’s behavioral concerns. S.I. stated the child was “not being abused physically or any other way.” S.I.

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Cite This Page — Counsel Stack

Bluebook (online)
97 A.3d 265, 437 N.J. Super. 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-jersey-division-of-youth-family-services-v-si-njsuperctappdiv-2014.