NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.S.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4974-04T44974-04T4

NEW JERSEY DIVISION OF YOUTH

AND FAMILY SERVICES,

Plaintiff-Respondent,

v.

T.S.,

Defendant-Appellant,

IN THE MATTER OF THE GUARDIANSHIP

OF J.K. and J.K., III, Minors.

_________________________________________________

 

Submitted November 14, 2005 - Decided

Before Judges C.S. Fisher and Yannotti.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Hudson County, Docket No. FG-09-165-04.

Yvonne Smith Segars, Public Defender, attorney for appellant (Michele A. Adubato, Designated Counsel, on the brief).

Peter C. Harvey, Attorney General, attorney for respondent (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Kathrine J. Bierwas, Deputy Attorney Gen-eral, on the brief).

Yvonne Smith Segars, Public Defender, attorney for the minors (Nancy E. Scott, Assistant Deputy Public Defender, on the brief).

PER CURIAM

Defendant T.S. is the natural mother of two boys, J.K. and J.K., III, who were born on January 17, 1998 and March 30, 1999 respectively. Following a three-day trial, Judge Bernadette N. DeCastro terminated T.S.'s parental rights to the two children, finding clear and convincing evidence to support all the statutory factors contained in N.J.S.A. 30:4C-15.1. Because there is ample evidence in the record to support the judge's findings, we affirm substantially for the reasons set forth in Judge DeCastro's thorough written decision.

N.J.S.A. 30:4C-15.1 mandates that, in order to obtain the termination of parental rights, the Division of Youth and Family Services (Division) is required to prove, by clear and convincing evidence, that:

(1) The child's health and development have been or will continue to be endangered by the parental relationship;

(2) The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm;

(3) The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child's placement outside the home and the court has considered alternatives to termination of parental rights; and

(4) Termination of parental rights will not do more harm than good.

See also N.J. Div. of Youth & Fam. Serv. v. A.W., 103 N.J. 591, 604-05 (1986).

Judge DeCastro made extensive findings regarding the abuse to which T.S. and the children were subjected by the children's father. Indeed, according to the judge's findings, the father was so abusive that, on one occasion, "he chased the children around the house and put a knife to [T.S.'s] throat and . . . threatened to 'slit their throats.'" The Division informed T.S. that, because of this serious domestic violence, the children would not be able to return to the home should she decide to remain with their father. The caseworker made arrangements to take T.S. to a shelter and later arranged to take T.S. to court for a restraining order against the children's father. However, upon appearing at the courthouse, T.S. advised the Division representative that she had lied about the abusive behavior and that she wished to return home to him. The caseworker advised T.S. that if she did so, the Division would seek to remove the children for their safety. T.S. did return to the home and the Division, on January 27, 2003, obtained legal and physical custody of the children, where they now remain.

According to Judge DeCastro's findings, a later referral by a foster parent disclosed that the children were sexually abused by their father:

A second referral was made to the Division when [J.K.] disclosed to his foster father that [his natural father] used to stick his finger in their "butt." [J.K.] subsequently told the worker that when his father did this, his mother was present but asleep. The matter was referred for a SAVA investigation. [The natural father] admitted to the sexual abuse.

As noted earlier, the natural father voluntarily agreed to the termination of his parental rights. The Division sought the termination of T.S.'s parental rights based on the contention that T.S. failed to take steps to protect the children from the father's physical and sexual abuse and, once he was out of the picture, that T.S. had failed to provide a stable home or otherwise address the needs of the children.

Judge DeCastro found from the evidence, which included expert testimony, that T.S. reads at a second-grade level, has no marketable skills or training that would permit her to obtain employment, and was then and will remain unable to provide a stable residence for the children. In following the requirements of N.J.S.A. 30:4C-15.1, Judge DeCastro made extensive findings and stated, in her written opinion, that the evidence clearly and convincingly demonstrated that the termination of T.S.'s parental rights was required for many reasons. The judge observed, for example, that T.S. had "refus[ed] to follow the advice of the Division in order to extricate herself from her abusive situation [which] clearly caused the children harm," and that, even after the father was arrested, T.S. "did not show any interest in following the Division's recommendation to attend psychotherapy [and had also] failed to devise a viable plan for reunification." This resulted, according to the judge, in emotional harm to the children that T.S. has not been adequately addressed since their removal.

 
These and the other findings made by Judge DeCastro are entitled to our deference because they are supported by the evidence she found credible. Cesare v. Cesare, 154 N.J. 394, 411-12 (1998). The judge's findings fully support the legal conclusions that were drawn and that were necessary to the entry of a judgment terminating T.S. parental rights. We affirm substantially for the reasons set forth at greater length in Judge DeCastro's written decision.

Affirmed.

The father of the two children voluntarily terminated his parental rights on July 14, 2004.

(continued)

(continued)

5

A-4974-04T4

RECORD IMPOUNDED

November 22, 2005