NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.N.J.

 

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-5962-04T45962-04T4

NEW JERSEY DIVISION OF YOUTH AND

FAMILY SERVICES,

Plaintiff-Respondent,

v.

S.N.J.,

Defendant-Appellant.

IN THE MATTER OF THE GUARDIANSHIP

OF J.A.H.,

A Minor.

_____________________________________

 

Submitted May 1, 2006 - Decided May 25, 2006

Before Judges Lintner and Holston, Jr.

On appeal from the Superior Court of

New Jersey, Law Division, Camden County,

FG-04-88-05.

Yvonne Smith Segars, Public Defender, attorney for appellant (Carol A. Weil, Designated Counsel, of counsel and on the brief).

Zulima V. Farber, Attorney General, attorney for respondent Division of Youth and Family Services (Jean Reilly, Deputy Attorney General, of counsel; Angela N. Domen, Deputy Attorney General, on the brief).

Yvonne Smith Segars, Public Defender, attorney for minor (Christopher A. Huling, Assistant Deputy Public Defender, on the brief).

PER CURIAM

S.N.J. appeals from a judgment entered by Judge Page terminating her parental rights to her youngest son, J.A.H., born August 24, 2003. J.A.H.'s biological father is unknown. S.N.J.'s other son, B.N., lives with his father, and is not part of this appeal. The May 18, 2005, judgment was entered following a three-day trial held on May 12, 13, and 17. We affirm.

The Division of Youth and Family Services (DYFS) became involved with S.N.J. when it received a referral from Our Lady of Lourdes Hospital in Camden at the time of J.A.H.'s birth that S.N.J. and J.A.H. tested positive for cocaine. On September 3, 2003, S.N.J. signed a voluntary placement agreement authorizing DYFS to place J.A.H. in an approved foster home.

J.A.H. has been with his current foster home since his release from the hospital on August 29, 2003. He has several medical conditions, including asthma, eczema, and a variety of respiratory difficulties that increase his propensity to develop pneumonia. He has been hospitalized six to eight times due to his respiratory problems and requires special medical care. The foster parent has taken instructional courses on asthma and the use of a nebulizer. DYFS's caseworker testified that J.A.H. is very happy, carefree, and engaging with his foster parent and that the foster parent would adequately address J.A.H.'s needs. The foster parent has expressed interest in adopting J.A.H. The Child Placement Review Board has reviewed the matter and is in agreement with DYFS's plan for the current foster parent to adopt J.A.H.

On December 8, 2003, DYFS ruled out S.N.J.'s mother due to an open case with DYFS. Almost a year later, R.B., a family friend, was ruled out due to her confidential history. Other family friends were ruled out due to a confidential history of an adult relative living in the home and reservations concerning S.N.J. residing in their homes.

On March 15, 2004, S.N.J. tested positive for cocaine at a court appearance. DYFS referred S.N.J. to the Seabrook House, which provides parenting skills counseling, drug counseling, and group and individual counseling. She was admitted to the program on May 14, 2005.

S.N.J. had visits with J.A.H. on August 11 and August 27, 2004, for two hours each at the Seabrook House. The visits were without incident. On September 23, 2004, J.A.H. had his first one-night overnight visit with S.N.J. at Seabrook, which was also successful. S.N.J. was then given a four-day overnight visit with J.A.H. from September 29, 2004, to October 1, 2004. S.N.J. was informed about J.A.H.'s condition and how to medicate and nebulize the child. When the caseworker picked J.A.H. up from his visit, she noted that his face was dirty and he was not wearing a hat, although it was sunny. According to the caseworker, she had previously informed S.N.J. that the child needed to wear a hat to protect his skin from the sun, which irritates his eczema. Additionally, J.A.H.'s diaper was saturated with urine. S.N.J. informed the caseworker that there were not enough diapers, however, the caseworker found nine diapers in the diaper bag. She also noted that J.A.H.'s stomach was very bloated and his foster mother later reported that after she gave him water he had four bowel movements.

J.A.H. had a weeklong overnight visit with S.N.J. from October 13 to 20, 2004. When the caseworker returned to pick up J.A.H., J.A.H. was having a severe eczema outbreak on his face. S.N.J. reported that the eczema outbreak was caused by the nebulizer mask and that she had applied the appropriate cream. It was reported, however, that after the foster mother applied J.A.H.'s cream, the eczema cleared up quickly and that the foster mother could tell that he was not nebulized properly.

On November 10, 2004, Dr. Robert Bottinelli, a consulting psychologist at Seabrook, wrote to the court indicating support for the reunification of S.N.J. and J.A.H., but indicating that because of J.A.H.'s medical problems, it could not occur at Seabrook.

After successfully completing the program at Seabrook House, S.N.J. was referred to the Cooper House outpatient program for substance abuse. She lived at the Volunteers of America (VOA) shelter from November 22, 2004 until December 18, 2004. She was terminated from the shelter, however, because she missed her curfew. She was also no longer eligible for monetary assistance after December 23, 2004, and thus not eligible to reside at VOA after that date. The report from the Cooper House Recovery Program indicated that S.N.J.'s participation was sporadic and she was only present for eight days in December. A January 31, 2005, progress note from Cooper House indicated that she became rude and disrespectful after arriving late for a community meeting, and was therefore discharged from the program.

S.N.J. missed her April 13, 2005, visitation with J.A.H. without notifying DYFS. She also failed to attend her scheduled visit with J.A.H. on April 27, 2005, because she overslept. During the visits that did take place, J.A.H. would cry initially and calm down after a short while. S.N.J. would hold him on her lap and attempt to engage him with toys.

Testimony was elicited from three psychologists, Dr. Ronald Gruen, Dr. Chester Sigafoos, and Dr. Robert Bottinelli. S.N.J. was referred by DYFS to Dr. Gruen, a licensed psychologist, for a psychological evaluation in order to assess whether she is capable of parenting J.A.H. In his December 6, 2004, report Dr. Gruen opined that even with additional training and parenting skills, S.N.J. is unlikely to be able to satisfactorily parent J.A.H. independently and that J.A.H. would be at risk if placed in her care. Specifically, he cited her difficulty in making appropriate judgments and decisions and that she "puts an inaccurate spin on the child's behaviors." Dr. Gruen noted that S.N.J. is defensive about her parenting knowledge and experience. He testified that this could impact her ability to meet J.A.H.'s special medical needs. Dr. Gruen predicted that if S.N.J. was unable to understand a doctor's instructions regarding J.A.H.'s at-home medical care, she would not seek further help or explanation and instead "do what she wants to do which is obviously not going to be in [the child's] best interest." He further found that she has done little to meet her financial needs and has instead relied on others. She stated that she was not employed or seeking employment because her family supports her.

Dr. Gruen observed that S.N.J.'s intellectual functioning appeared significantly below average and that test scores placed her in the "educable mentally retarded range." Dr. Gruen also noted that S.N.J. exhibited an appreciation for the importance of remaining alcohol and drug free in order to parent J.A.H. Overall, Dr. Gruen predicted that S.N.J. would have a "difficult time parenting a special needs child."

Dr. Gruen also conducted a bonding evaluation with the mother and child on March 7, 2005. Dr. Gruen observed that J.A.H. was not familiar with S.N.J. and opined that there was no significant psychological bond between the two. He also reported that S.N.J. held J.A.H. in her lap, hugged, and kissed him frequently, read to him from a book, engaged him with a toy, fed him baby food, and gave him a drink. S.N.J. forgot the necessary spoon and fed the child with her finger. Dr. Gruen opined, with "a reasonable degree of psychological certainty, that [J.A.H.] will not suffer significant emotional harm should his relationship with his birth mother be permanently severed."

Dr. Gruen also conducted a bonding evaluation with J.A.H. and his foster mother. Dr. Gruen's assessment of the relationship between the two and the foster mother's ability to care for him was very positive. He concluded that J.A.H. would suffer significant emotional harm if the bond between J.A.H. and his foster mother was severed.

Dr. Sigafoos, a clinical psychologist, also evaluated S.N.J. for DYFS. In his March 12, 2005, report he outlined her history, including a childhood with two alcoholic and drug addicted parents who frequently beat her. S.N.J. reported leaving high school in the tenth grade due to her first pregnancy and expressed a desire to obtain her General Equivalency Diploma. She also reported being hospitalized twice as a teenager for taking pills in an attempt to commit suicide. Tests administered by Dr. Sigafoos resulted in scores placing S.N.J. in the mildly mentally retarded range of intellectual functioning, which he believed impacted her ability to administer medicine properly and make parental decisions. He also diagnosed S.N.J. with a multitude of disorders, including: learning disorder, not otherwise specified; physical abuse of child (victim); posttraumatic stress disorder, chronic; alcohol dependence, in remission; cocaine dependence, in remission; adult anti-social behavior; dysthymic disorder; neglect of child (perpetrator); mild mental retardation; paranoid personality disorder; narcissistic personality disorder; obsessive compulsive personality traits; schizoid personality features; problems with primary support group; academic problems; vocational problems and housing problems. Dr. Sigafoos found that S.N.J. had numerous psychopathological disorders and conditions that would interfere with her ability to effectively parent her child, posing a significant risk of harm to the child if untreated. He recommended that S.N.J. and J.A.H. not be reunited.

Dr. Sigafoos also conducted a bonding evaluation between J.A.H. and S.N.J. His findings were similar to those of Dr. Gruen. He found that J.A.H. was distressed and showed an aversion to S.N.J. Dr. Sigafoos also conducted a bonding evaluation between J.A.H. and his foster mother, reaching similar positive conclusions as Dr. Gruen.

Dr. Bottinelli, a licensed psychologist who consults at the Seabrook House, also conducted a psychological evaluation on March 15, 2005. According to Dr. Bottinelli, formal testing indicated that S.N.J. functions in the extremely low range of intelligence, but is not mentally retarded or intellectually deficient. Dr. Bottinelli recommended that S.N.J. be reunited with J.A.H. He noted that the care for J.A.H. will be demanding and challenging for S.N.J., but opined that she is capable of being an effective caregiver if provided with "DYFS funded wrap around services." He also recommended "supportive in home care to guide [S.N.J.] while she is rediscovering her son and learning to meet his needs." Dr. Bottinelli also testified at trial that he declined to conduct a bonding evaluation because S.N.J. and J.A.H. have had no opportunity to bond and any such evaluation would have been an artificial measure. With regard to the impact of separating J.A.H. from his foster family, Dr. Bottinelli testified that J.A.H. will go through an adjustment period and that the change would be a traumatic event. However, Dr. Bottinelli pointed out that his life would be negatively impacted if he were deprived of either his birth mother or his foster mother.

On May 18, 2005, Judge Page entered his opinion. While he took all of the expert witnesses' reports into account, he found Dr. Gruen to be the most credible. Based on the expert reports and testimony, Judge Page found that S.N.J. is not fit to parent J.A.H. and that there was no reasonable expectation that she would be able to parent in the foreseeable future due to her developmental delays and retardation. He determined that J.A.H. was psychologically bonded to his foster parent and that removing him from that home would cause serious and enduring harm to J.A.H.

Judge Page found that S.N.J. was unable to provide a safe and stable home for J.A.H. This finding was based upon J.A.H.'s special needs and S.N.J.'s past drug use and her failure to properly administer necessary medical treatments to J.A.H. during visits. He also found that J.A.H. was harmed by the prolonged period that S.N.J. has been unable to provide for him.

Judge Page determined that S.N.J. was unable to eliminate the harm. He relied on Dr. Gruen's testimony that, while she may want to, S.N.J. had been unable to eliminate the harms when given multiple opportunities. Judge Page further found that a delay in the permanent placement of the child would be harmful. He also found that the foster mother has supported J.A.H. throughout his hospitalizations and that, based on the testimony, removing him from his foster mother would cause serious and enduring harm. Judge Page pointed out that the psychological evaluations indicate that S.N.J. is limited in her judgment and decision-making, concluding that she would be unable to eliminate the resulting harm because she is not able to recognize J.A.H.'s serious physical needs.

Judge Page also concluded that despite DYFS's reasonable efforts to provide services to correct the circumstances that lead to J.A.H.'s placement in a foster home and the beneficial effects of the three different treatment programs, reunification was unable to be accomplished. He also noted the unsuccessful attempts to provide alternative caregivers.

Finally, Judge Page found that termination of parental rights will not do more harm than good. He pointed to the love and care that J.A.H. has received from his foster mother and her willingness to continue. He also noted that J.A.H. is bewildered during visits with S.N.J. and that all experts agreed that J.A.H. would suffer substantial emotional harm if the relationship with the foster mother were severed.

On appeal, S.N.J. raises the following points:

POINT I

THE FIRST PRONG OF THE BEST INTERESTS TEST WAS NOT SATISFIED BECAUSE THE TRIAL COURT MADE FINDINGS OF FACT NOT SUPPORTED BY THE RECORD, AND BECAUSE THERE WAS NO PROOF OF HARM CAUSED BY THE PARENTAL RELATIONSHIP AND NO FINDING OF ABUSE AND NEGLECT.

POINT II

THE ORDER TERMINATING THE DEFENDANT'S PARENTAL RIGHTS MUST BE REVERSED BECAUSE THE NJ DIVISION OF YOUTH AND FAMILY SERVICES NEVER MADE REASONABLE EFFORTS TO REUNITE THE CHILD WITH HIS MOTHER.

POINT III

THE ORDER TERMINATING THE DEFENDANT'S PARENTAL RIGHTS MUST BE REVERSED BECAUSE THE DIVISION FAILED TO [PROVE] THAT TERMINATION OF PARENTAL RIGHTS WOULD NOT DO MORE HARM THAN GOOD.

We reject S.N.J.'s contentions. Our thorough review of the record, including consideration of the arguments presented on S.N.J.'s behalf, convinces us that the provisions of N.J.S.A. 30:4C-15.1a and New Jersey Division of Youth and Family Services v. A.W., 103 N.J. 591, 604-12 (1986) were satisfied. Judge Page's opinion comprehensively outlines the history of the matter, as well as the testimony of the various witnesses, including the experts. There was sufficient evidence on the record to support the judge's findings and conclusions. Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474, 484 (1974). We affirm substantially for the reasons expressed by Judge Page in his thorough and comprehensive forty-seven-page opinion delivered from the bench on May 18, 2005.

Affirmed.

 

Presumably, the implication is that S.N.J. had not properly hydrated the child, causing constipation.

One VOA document indicates that she missed curfew on December 2, 2004, and did not return to the shelter that night. Another letter in plaintiff's appendix from Charisse Franklin, of WFNJ (Women's Fund of New Jersey), cites that S.N.J. missed curfew at VOA on three different dates.

The psychologists' reports were also placed into evidence without objection.

S.N.J. reported that J.A.H. cries when he sees her and interpreted this as an expression that he wants her.

(continued)

(continued)

13

A-5962-04T4

May 25, 2006