Passaic County Board of Social Services ex rel. T.M. v. A.S.

120 A.3d 978, 442 N.J. Super. 59, 2015 N.J. Super. LEXIS 133
CourtNew Jersey Superior Court Appellate Division
DecidedMay 4, 2015
StatusPublished
Cited by3 cases

This text of 120 A.3d 978 (Passaic County Board of Social Services ex rel. T.M. v. A.S.) 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
Passaic County Board of Social Services ex rel. T.M. v. A.S., 120 A.3d 978, 442 N.J. Super. 59, 2015 N.J. Super. LEXIS 133 (N.J. Ct. App. 2015).

Opinion

MOHAMMED, J.S.C.

This matter having come before the court in the presence of the plaintiff, the Passaic County Board of Social Services (Board) on behalf of T.M. (T.M. or mother), and defendant, A.S. (A.S. or father), who is pro se, and the parties having submitted certifications, given testimony, and the arguments of the parties taken into consideration, and with findings of fact and conclusions of law having been made, plaintiffs application for paternity establishment and child support as to one child, A.M., is granted and plaintiffs motion to withdraw its application for paternity establishment and child support as to the other child, B.M., is denied.1

This case arises from the following facts: The Board filed an application on behalf of T.M., seeking to establish paternity and child support from defendant for two female twins. The Board is currently providing public assistance to the mother. DNA tests were ordered and the results indicated that defendant is the father of one, but not the other twin.

This is a case of first impression in New Jersey and only a handful of reported cases exist nationwide. This court had to determine whether to accept DNA paternity test results showing that A.S. is the father of only one and not the other twin, a phenomenon that is widely accepted in the relevant scientific [62]*62communities, even though such results are considered scientifically and statistically rare. After considering all of the proofs, and the analysis, and the arguments presented, the court is satisfied that the general concept of using DNA to establish paternity is widely accepted in the relevant scientific communities and is valid. Furthermore, and more importantly, the court is also satisfied by clear and convincing evidence that the paternity test conducted by Laboratory Corporation of America (Lab Corp) in the present case is accurate and reliable enough to be used in this paternity proceeding even though it is a rare phenomenon to have twins with two different fathers.

Procedural History and Factual Findings

Prior to the birth of the twins, T.M. and A.S. were involved in a romantic relationship. On January 12, 2013, mother gave birth to twins, A.M. and B.M. At the time the current action commenced, the mother identified A.S. as the father of both children. On October 6, 2014, the Board filed a complaint on the mother’s behalf against A.S., seeking to establish paternity and child support for the two children.

On November 18, 2014, the parties appeared before a hearing officer and DNA testing was ordered. After the court received the DNA test results, the matter was listed for January 6, 2015. The DNA test results indicated that A.S. is the father of A.M. by a probability of 99.99%. Furthermore, the test results excluded A.S. as the father of the other twin, B.M. As a result of this unusual split in paternity, the court listed this matter for a plenary hearing on March 25, 2015. Because this matter concerned a potential challenge to one or more state regulations or codes, the Attorney General was notified. It elected not to appear at the hearing.

At the plenary hearing, A.S., T.M., and the Board’s attorney appeared. The Board sought to withdraw its application for establishment of paternity and child support as to B.M., but proceeded in its application with respect to establishment of paternity and child support as to A.M. Dr. Karl-Hanz Wurzinger, a laboratory director of the Identity Testing Division at Lab Corp, [63]*63appeared as an expert witness on behalf of the Board. Wurzinger holds learned credentials in the DNA field. He holds two Bachelor’s of Science degrees in Zoology and Forestry, two Master’s degrees in Zoology and Forestry, and a Ph.D. in Zoology. Wur-zinger has over twenty-five years of professional experience in DNA testing. He has extensive knowledge regarding genetic testing and has been accepted as an expert witness in more than 100 courts in numerous states regarding genetic testing. Based on his academic achievements, professional experience, and extensive knowledge, this court accepted Wurzinger as an expert in the application and interpretation of genetic test results relevant to paternity evaluation. In addition, Marquise Johnson, a local DNA specimen collector for Lab Corp testified on behalf of the Board.

The mother testified that she had sexual intercourse with two men, A.S. and another man, within about a week of each other. The mother subsequently gave birth to twins, A.M. and B.M. However, given that the mother only provided defendant’s name to the Board at the time that the application was filed, DNA tests were only performed with respect to him. The Board relied on the expert testimony of Wurzinger and Johnson and the DNA test results to establish paternity of A.S. as to A.M.

Discussion

The evolution of DNA testing and how it has impacted legal matters, and specifically family court actions, is an important consideration in this court’s analysis of the present ease. Indeed, while no party would seriously argue against the scientific value of DNA testing, when unusual results occur, New Jersey statutes permits any interested party to a paternity action to challenge the reliability and validity of DNA test results. DNA tests, like blood tests, are regulated by the state in the criminal context, but left to private entities in non-criminal contexts. Certainly, an unusual DNA result in the Family Part would lead to a heightened concern and require a court to closely examine factors giving rise to the result before accepting the DNA evidence. This is such a ease.

[64]*64Legal Standard for Accepting Scientific Evidence

The New Jersey Supreme Court has adopted a flexible standard that a scientific technique have sufficient scientific basis to produce uniform and reasonably reliable results and contribute materially to the ascertainment of truth. State v. Cary, 49 N.J. 343, 352, 230 A.2d 384 (1967) (voieeprint). See also Romano v. Kimmelman, 96 N.J. 66, 80, 474 A.2d 1 (1984) (breathalyzer); State v. Kelly, 97 N.J. 178, 210, 478 A.2d 364 (1984) (battered woman syndrome); State v. Cavallo, 88 N.J. 508, 520, 443 A.2d 1020 (1982) (psychiatric testimony as to psychological traits of a rapist); State v. Hurd, 86 N.J. 525, 536, 432 A.2d 86 (1981) (hypnosis).

I. DNA as a Valid Scientific Principle

Several decades ago, scientists realized that genes are comprised of unique components that vary among individuals in a species, a realization that gave rise to the discovery of deoxyribo-nucleic acid (“DNA”). See Andrew B. Dzeguze, The Devil in the Details: A Critique of Ksr’s Unwarranted Reinterpretation of “Person Having Ordinary Skill”, 10 Colum. Sci. & Tech. L.Rev. 1, 52 (2009) (stating that the “[sjequencing [of] DNA, an arduous and highly specialized skill just a few decades ago, is now a standard procedure in every molecular biology laboratory”) (internal quotation marks omitted); see also David C. Szostak, Something More to the Story Moore v. Regents of the Univ. of Ca. Two Decades Later, 31 J. Legal Med.

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Bluebook (online)
120 A.3d 978, 442 N.J. Super. 59, 2015 N.J. Super. LEXIS 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/passaic-county-board-of-social-services-ex-rel-tm-v-as-njsuperctappdiv-2015.