State ex rel. K.O.

744 A.2d 233, 327 N.J. Super. 555, 2000 N.J. Super. LEXIS 45
New Jersey Superior Court Appellate Division·Decided January 31, 2000·Published·Cited by 7 cases

Opinion

The opinion of the court was delivered by

NEWMAN, J.A.D.

J.O. and K.O., the parents of K.O. (hereinafter referred to as “the parents”), appeal from the orders of September 3 and 14, 1999, extending K.O.’s term of probation entered by the Family Court judge arising out of a juvenile delinquency adjudication. The parents also appeal from paragraph three of .the order of August 6, 1999, requiring the parents “to contact Jennifer Smed[559] burg at [Juvenile Evaluation and Treatment Services (JETS) ] to arrange for whatever meetings or counseling is recommended as a first step toward joint counseling sessions and ultimate reunification.” We affirm.

The history leading up to the entry of the orders being appealed from is lengthy, but is necessary to place the issues raised in context. In May 1998, K.O., a fifteen-year-old juvenile, was arrested and charged with possession of heroin. On August 19, 1998, K.O. appeared before Judge Friend and pled guilty to the charge. She was adjudicated delinquent and placed on probation for one year. The following “conditions of disposition” were also ordered: house arrest; obey custodian; attend school daily; obtain part-time employment; no association with co-defendant; driver’s license suspended for six months upon turning seventeen; perform forty hours of community service; pay a $1000 DEDR penalty and a $30 VCCB penalty; and complete JETS evaluation and follow recommendations.

On October 12, 1998, JETS evaluated K.O. and recommended that she continue drug treatment, submit to weekly urinalysis, and that her parents become involved in her treatment.

On February 7, 1999, K.O. attempted to sneak out of her home with the aid of a friend who provided a ladder for K.O. to use. When KO.’s father went to investigate, he found her bedroom door to be locked. According to KO.’s father, when K.O. refused to unlock the door, he forced the door open, and the door struck K.O., giving her a bruise to the eye and a bloody nose. According to K.O., however, her father broke through the locked door and “smashed her head against the wall and floor, causing a blackened eye and [a] bloody nose.”

On February 16,1999, a student counselor at K.O.’s high school noticed the bruise on K.O.’s eye and told K.O. to contact the Department of Youth and Family Services (DYFS). Although DYFS could not substantiate K.O.’s claim of abuse, it found that “the risk of violence in the home between father and [K.O.] is high.” DYFS recommended that K.O. be placed in a shelter “for [560] her own protection” and that she be evaluated by JETS. K.O. did not return home on February 16, 1999, and, with the consent of her mother, spent the following night at a friend’s house. According to DYFS, K.O.’s family refused to allow her back into the home, and K.O. refused to return home.

On February 22, 1999, KO.’s probation officer filed a complaint alleging that K.O. had violated her probation by failing to attend several classes at her vocational school and by remaining away from home on February 16, 1999. K.O. pled not guilty to this alleged violation of probation. The court remanded K.O. to a local shelter and ordered another JETS evaluation. The court also stated that K.O. and her parents were to “cooperate with any and all therapy ordered.”

After evaluating K.O., JETS recommended that K.O. participate in weekly outpatient therapy; that the caregiver with whom K.O. is placed attend counseling with K.O.; that K.O. enter into a home contract with her future caregiver; and that the court address K.O.’s parents’ refusal to provide consent for medical treatment of K.O.

On March 18,1999, a review was conducted before Judge Susan Scott, discussing possible placement for K.O. K.O.’s assigned attorney from the Public Defender’s Office indicated that there were a number of concerns regarding K.O.’s parents; namely, they did not participate in K.O.’s JETS evaluation, they refused to sign consents for emergency medical treatment of K.O. or for K.O. to attend any therapy, and they refused to assume financial responsibility for K.O.

On April 26, 1999, K.O. appeared before Judge Scott and pled guilty to violating her probation by failing to attend several classes at her vocational school and by remaining away from home on February 16, 1999. KO.’s probation was continued, and she was released to the custody of P.A.W., the mother of one of K.O.’s friends. P.A.W. was present in court and ’indicated that she wished to take custody of K.O. She was approved by DYFS, the prosecutor, the court, and K.O. The court ordered that K.O. [561] cooperate with the terms of the home contract prepared by her youth shelter counselor and that she follow the recommendations of JETS.

K.O.’s parents were not present at the hearing despite the fact that they were notified that they had to be present. K.O.’s attorney stated that K.O.’s parents “have basically refused to be involved.” A bench warrant was issued for K.O.’s parents to be executed on April 26 or 27, 1999 or May 5, 1999 and thereafter, and only during court hours.

On May 5, 1999, K.O. and her attorney and K.O.’s mother appeared before Judge Scott. The judge indicated that the reason for the appearance was “there were numerous prior proceedings in which the parents were required to attend and they did not attend; and at the last review, a request was made for an arrest warrant in order to get the parents to appear.” Initially, K.O.’s mother stated that she had not appeared on prior occasions because, although she had received a letter from K.O.’s probation officer, she had never received any “summons” to appear in court. When asked again why she had not “been involved with any of the reviews or the proceedings involving [K.O.,]” K.O.’s mother responded:

Because [K.O. is] looking to get herself out of the house. [K.O. is] running around crazy____ I mean, I just want her to wake up. I don’t want to go through any more therapy. I’ve had therapies [sic], I’ve had psychologists. I’ve had psychiatrists. She needs to have something put in her face that she has to grow up now.

The judge answered that “it’s very hard for juveniles to get back on the right track without parental cooperation.”

Judge Scott told K.O.’s mother that, as natural parents, she and her husband have an “obligation” to be involved. The judge stated further that K.O. “will remain in the custody of [P.A.W.], as long as she consents and as long as that’s working out, unless and until [her parents] make an application” objecting to K.O.’s placement. Judge Scott continued:

[If] you have reason to think [K.O. is] better someplace else, then present the court with whatever information, then we’d have a hearing and review that. But without [562] the parents’ participation and cooperation, the Division of Youth and Family Services and the various other agencies involved make investigations and do what they think is best for the child. It’s without parental input. They have to go with what their investigation suggests.

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State ex rel. K.O., 744 A.2d 233, 327 N.J. Super. 555, 2000 N.J. Super. LEXIS 45 (N.J. Ct. App. 2000).

744 A.2d 233 (State ex rel. K.O.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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