N.J. Div. of Child Prot. & Permanency v. T.D. (In re M.G.)

185 A.3d 909, 454 N.J. Super. 353
CourtNew Jersey Superior Court Appellate Division
DecidedMay 3, 2018
DocketDOCKET NO. A–4918–15T1; A–4923–15T1
StatusPublished
Cited by35 cases

This text of 185 A.3d 909 (N.J. Div. of Child Prot. & Permanency v. T.D. (In re M.G.)) 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
N.J. Div. of Child Prot. & Permanency v. T.D. (In re M.G.), 185 A.3d 909, 454 N.J. Super. 353 (N.J. Ct. App. 2018).

Opinion

The opinion of the court was delivered by KOBLITZ, J.A.D.

KOBLITZ, J.A.D.

*913*361The New Jersey Division Of Child Protection and Permanency (Division),3 and the Law Guardian on behalf of the two young children, appeal from the Family Part's June 30, 2016 order denying termination of parental rights following an extended eighteen-month trial at which twelve witnesses testified and hundreds of exhibits were admitted into evidence.4 The trial judge *362found that the Division did not provide reasonable services to the mother, who used a wheelchair. Considering our standard of review of a decision not to terminate parental rights, we affirm. See N.J. Div. of Youth & Family Servs. v. R.G., 217 N.J. 527, 553, 90 A.3d 1258 (2014).5

This appeal involves the termination of parental rights of T.D., a mother suffering from multiple sclerosis (MS) and R.C., the father of her two youngest children, B.C. (Belle) and A.G. (Alice), born in 2012 and 2014, and removed from the care of their parents shortly after birth.6 The trial judge found the Division failed to establish any of the four prongs required to terminate parental rights. N.J.S.A. 30:4C-15.1(a).

Although the trial judge may have erred in his analysis of the first two prongs of the four-prong best-interests-of-the-child test, the trial judge did not mistakenly conclude that the Division failed to establish, by clear and convincing evidence, the third and fourth prongs.

I.

Although no medical records were ever placed into evidence, T.D. was evidently diagnosed with MS in 2007 or 2008, when she was in her early thirties. She was confined to a wheelchair. We must set forth the Division's involvement with this family in some detail to fully explain our *914decision. We include some of the history involving Mary, an older daughter not involved in this appeal, because it sheds light on the Division's failure to provide handicap-accessible services to T.D. *363A.

The Division first became involved with T.D. in October 2008, just after her daughter Mary turned six. A Division investigation found Mary to be well-groomed and the family home, a three bedroom apartment, to be clean with working utilities. T.D. reported that she had a "nurse" come every day to assist with cooking and household tasks. The Division's assessment noted that T.D. had MS and "limited mobility" but that she was "caring for her children to the best of her ability," and it concluded that the allegation of neglect was unfounded.

A year later, Mary's paternal aunt called the Division to report concerns that Mary was not being cared for properly. The Division concluded that the allegations of neglect were unfounded, but noted T.D. "is wheelchair bound and relies on homemakers to do the house cleaning and cooking," and that she "cannot enforce the house rules and does not appear to have a strong hold on her children's behavior."7

Two months later, in January 2010, the paternal aunt again called the Division with concerns. The caseworker observed that the apartment had a bad odor, broken furniture, trash and dog feces on the floor, roaches on the kitchen counter top, and no food in the refrigerator. The Division worker saw an "empty whiskey bottle in the living room underneath a chair by the front window," which T.D. said belonged to her father. T.D. confirmed that a "home aide service provider" came daily.

The Division performed a Dodd removal,8 placing Mary with her paternal aunt. The Division stated it would "[c]ontact the home *364health aide to verify their involvement with the family." A Division worker acknowledged at trial that the deplorable condition of the home showed that the home health aide was not doing her job, but the Division did not address the issue or replace the provider with one of the other services used by the Division.

T.D. stipulated that her home had been in a deplorable condition rendering it unsafe and unfit for children to occupy. The court ordered her to (1) undergo psychological and substance abuse evaluations, (2) attend parenting skills training at Community Access, and (3) cooperate with homemaker services. The sole reason for ordering the substance abuse evaluation was the presence of the empty whiskey bottle in the apartment during the Division's visit.

At a later hearing in March 2010, Judge Spatola directed the Division to confirm that Community Access either had the ability to transport T.D., who used a wheelchair, to its office or to provide services in T.D.'s home. The judge stressed that handicap accessibility "is important." Judge Spatola noted that providing a "teaching homemaker" two days a week in addition to the existing daily home health aides "would be a good idea" because such a person would offer a different service than the existing caregivers and "might be able to assist [T.D.] in learning techniques *915to help her." The Division did not follow up on this judicial suggestion.

Briana Cox, Psy.D., evaluated T.D. in April 2010. Dr. Cox noted that T.D. "may be caring for her children to the best of her ability, but that does not necessarily mean that she is meeting their needs." In particular, Dr. Cox raised concerns that T.D. (1) "demonstrated a tendency to deny or minimize" problems, (2) was "uncooperative with testing demands," (3) "appear[ed] to have little control of the children," (4) reported taking medication, including oxycodone, that could interfere with her ability to be alert and focused, and (5) had a serious medical condition that required her to have assistance with her own needs and made it "unlikely that she can meet the needs of her children."

*365Dr. Cox concluded: "At this time, it does not appear that [T.D.] is capable of parenting independently." She made the following recommendations:

1. It is recommended that [the Division] obtain [T.D.]'s medical records and consult with her treating physician about her physical limitations and what she can be expected to do on her own.
2. It is recommended that a medical professional review her medications and advise [the Division] about the side effect of drugs such as oxycodone and the expected limitations on functioning as a result of using that, or other drugs.
3. It is recommended that [T.D.] have a substance abuse evaluation. It is recommended that her use of prescribed medication be investigated.

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

Related

Dcpp v. M.M. and P.D., in the Matter of the Guardianship of L.S.D.
New Jersey Superior Court App Division, 2026
Dcpp v. L.J., in the Matter of J.D.
New Jersey Superior Court App Division, 2026
Dcpp v. F.K., in the Matter of the Guardianship of K.L.
New Jersey Superior Court App Division, 2026
Dcpp v. L.C.R., in the Matter of the Guardianship of M.I.R.
New Jersey Superior Court App Division, 2025
Dcpp v. A.I.C., in the Matter of the Guardianship of T.C.
New Jersey Superior Court App Division, 2025
Dcpp v. N.F., in the Matter of the Guardianship of L.J.F.-w.
New Jersey Superior Court App Division, 2025
Dcpp v. T.N.G., in the Matter of the Guardianship of L.P.G.
New Jersey Superior Court App Division, 2025
Dcpp v. R.H., in the Matter of the Guardianship of L.H.
New Jersey Superior Court App Division, 2025
Dcpp v. T.K., in the Matter of the Guardianship of K.I.L.
New Jersey Superior Court App Division, 2025
Dcpp v. J.S. and D.J., in the Matter of the Guardianship of N.S.
New Jersey Superior Court App Division, 2025
Dcpp v. E.A. and G.A., in the Matter of the Guardianship of K.A.
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
Angela M. Carrillo-Mendoza v. Laurie S. Kurs
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. R.S., in the Matter of A.A., C.A., and B.A.
New Jersey Superior Court App Division, 2024
Dcpp v. N.D.
New Jersey Superior Court App Division, 2024

Cite This Page — Counsel Stack

Bluebook (online)
185 A.3d 909, 454 N.J. Super. 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nj-div-of-child-prot-permanency-v-td-in-re-mg-njsuperctappdiv-2018.