DIVISION OF YOUTH AND FAMILY SERVICES v. J.H.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3371-05T43371-05T4

DIVISION OF YOUTH AND FAMILY SERVICES,

Plaintiff-Respondent,

v.

J.H.,

Defendant-Appellant,

IN THE MATTER OF THE GUARDIANSHIP OF

N.J.H. AND A.L.H.,

Minors.

________________________________________

 

Submitted November 9, 2006 - Decided December 6, 2006

Before Judges Wefing, Parker and C.S. Fisher.

On appeal from Superior Court of New

Jersey, Chancery Division, Ocean County,

No. FG-15-40-05.

Yvonne Smith Segars, Public Defender,

attorney for appellant (Alison Perrone,

Designated Counsel, on the brief).

Stuart Rabner, Attorney General, attorney

for respondent (Michael Haas, Assistant

Attorney General, of counsel; Scott J.

Kieserman, Deputy Attorney General, on the brief).

Yvonne Smith Segars, Public Defender, Law

Guardian, attorney for minor child-respondents

N.J.H. and A.L.H. (Olivia Belfatto Crisp,

Assistant Deputy Public Defender, of counsel

and on the brief).

PER CURIAM

J.H. appeals from a judgment entered by the trial court on December 16, 2005, terminating her parental rights to her son N.H. and her daughter A.H. That same judgment also terminated the parental rights of her husband; he, however, has not participated in this appeal. After reviewing the record in light of the contentions advanced on appeal, we affirm.

J.H. has five children--four sons and one daughter. The oldest is seventeen. Only two are the subject of this appeal-- N.H., now eight years of age, and A.H., nearly six. None of the children reside with J.H.

The Division of Youth and Family Services (DYFS) has had an extensive involvement with this family dating back to 1993. The two oldest boys were removed in 1995 and reunited with their parents in 1996. Over the course of the years, DYFS has provided extensive services to the family. Those services, however, have not alleviated the underlying conditions. All of the children were removed again in March 2003, an action that finally resulted in DYFS filing a complaint in March 2005 in which it sought the termination of J.H.'s parental rights with respect to N.H. and A.H.

At the time of the March 2003 removal, A.H. was approximately three years old and had not been weaned. She was admitted to the hospital with a diagnosis of failure to thrive; she has subsequently been diagnosed with autism. In August 2003 she required extensive dental surgery because of the advanced deterioration of her teeth. She remained in the hospital for several months and was discharged to the care of a foster family who wish to adopt her. The record is clear that A.H. has made significant progress since this placement and has formed an attachment with her foster family.

N.H. has been in several foster placements since the March 2003 removal. Shortly after that occurred, he was evaluated by Steven Kairys, M.D., who expressed the opinion that he was "a 5 year old with significant neuro-behavioral issues. He has core lack of attachment socialization issues exacerbated by attentional difficulties." He was removed from one foster home after his foster mother observed him engaging in sexually inappropriate behavior.

All of the children suffer from learning disabilities; several suffered from delayed speech due to hearing difficulties attributed to untreated infections. It is clear from the record that while J.H. may sincerely love her children, she is unable to function in a parental role toward them. She has been unable to provide the structure and stability to which all children are entitled. From the time of DYFS's earliest involvement with the family, the family has consistently been described as "chaotic," with J.H. unable to focus on the needs of the children. Dr. William Coffey, a clinical psychologist evaluated J.H. and testified on behalf of DYFS. He said that he found her "extremely disorganized," jumping from one topic to another. He diagnosed her as suffering from generalized anxiety disorder and a "personality disorder with marked disorganization and dependent features."

In her brief on appeal, J.H. stresses her participation in the various programs offered to her by DYFS and the structure and support provided by the church which she has joined. Program participation by itself, however, is insufficient. And, as the trial court correctly observed in its oral opinion, the willingness of J.H.'s fellow church members to provide assistance to her, while laudable, cannot be deemed the equivalent of J.H. parenting these children; rather, it is a recognition that she is in fact unable to do so.

Her efforts and her apparent progress in stabilizing both her economic situation and her relationship with her husband are commendable. It is clear, however, that, for whatever reason, J.H. lacks the psychological and emotional stability to meet the very real psychological and emotional needs of N.H. and A.H.

The judgment under review is affirmed substantially for the reasons expressed by Judge Villano in her oral opinion of December 16, 2005.

 

(continued)

(continued)

5

A-3371-05T4

RECORD IMPOUNDED

December 6, 2006