NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.B.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4780-04T44780-04T4

NEW JERSEY DIVISION OF YOUTH

AND FAMILY SERVICES,

Plaintiff-Respondent,

v.

L.B.,

Defendant-Appellant.

__________________________________

IN THE MATTER OF THE GUARDIANSHIP

OF D.B. AND P.B.,

Minors.

________________________________________________________________

 

Submitted January 17, 2006 - Decided February 2, 2006

Before Judges Parker and Yannotti.

On appeal from the Superior Court of New

Jersey, Chancery Division, Family Part,

Cumberland County, FG-06-06-05.

Yvonne Smith Segars, Public Defender,

attorney for appellant (Mark Tabakman,

Designated Counsel, on the brief).

Peter C. Harvey, Attorney General of New

Jersey, 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 for minors (Nancy E. Scott, Assistant

Deputy Public Defender, on the brief).

PER CURIAM

Defendant L.B. appeals from a judgment entered on April 28, 2005 terminating her parental rights to two of her sons: D.B. and P.B. We affirm.

We summarize the facts relevant to this appeal. L.B. is the biological mother of P.B., born May 19, 2002, and D.B., born January 13, 2001. The case focused on evidence that in August 2002, P.B., then age two months, was treated for severe head trauma consistent with shaken baby syndrome. The child has been in a vegetative state, on life support, in a residential facility since that time. D.B. was placed in a foster home for two years and was moved to a new foster home when the first foster mother became terminally ill and could no longer care for the child. D.B.'s current foster family wishes to adopt him.

L.B. is the biological mother of two other children, neither of whom are in her custody. Her first child, born on April 11, 1994, was thrown against a wall by her step-father. She was removed from L.B.'s custody and placed with her maternal grandmother. The maternal grandmother subsequently reported that the child had been sexually abused by the step-father. The Division of Youth and Family Services (DYFS) established that L.B. knew that the child had been abused but failed to report it. The step-father was subsequently arrested and prosecuted for sexual abuse of the child. When he was released from prison, L.B. allowed him to return to her home. L.B.'s fourth child was four months old at the time of trial and had been removed from her custody.

In August 2002, when P.B. was injured, L.B. claimed that their dog had jumped on the infant. Subsequent investigation revealed that the mother had delayed medical treatment for three days after the child was injured, causing more extensive brain damage. The child was in critical condition when he was flown to The Children's Hospital of Philadelphia: he was semi-responsive, suffering from seizures and swelling of the head. The hospital reported that

[P.B.] is a four-month-old who was admitted to The Children's Hospital of Philadelphia on August 11, 2002 with a brain injury. He has suffered bilateral subdural hemorrhages, which were drained by neurosurgery. As a result of his brain injury, [P.B.] cannot feed by mouth. He is fed by gastrostomy tube.

The evidence indicated that L.B. asked her friend to lie about the way in which the child had been injured and to corroborate her story that the dog had jumped on the child.

When she was examined by Dr. Linda Jeffery, a DYFS psychologist, L.B. indicated that she was not certain why P.B. had been hospitalized and denied any involvement in injuring the child. In tests administered by Dr. Jeffery, L.B. demonstrated a low average intelligence, lack of insight, rigidity, narcissistic tendencies and a desire to appear publicly acceptable. She resisted revealing personal information and tried to present herself in a socially desirable manner. She has significant personality issues and anger control problems. Dr. Jeffery concluded that L.B. is unable to provide even minimal parenting to her children because "her mental health status significantly decreases her parenting capacity and the children would be at high risk if placed in her care." Dr. Jeffery further testified that D.B. had bonded with the foster family and viewed them as his "psychological parents."

After hearing all of the testimony, Judge Julio L. Mendez rendered a written decision in which he carefully reviewed all of the evidence, made findings of fact and concluded that DYFS had proven each of the four prongs of N.J.S.A. 30:4C-15.1(a), which sets forth standards for the termination of parental rights, by clear and convincing evidence. In re Guardianship of K.H.O., 161 N.J. 337, 349-55 (1999); New Jersey Div. of Youth & Family Servs. v. A.W., 103 N.J. 591, 604-610 (1986).

We have carefully reviewed the extensive record and considered defendant's arguments in light of the applicable law. We are satisfied that there is insufficient merit in defendant's arguments to warrant discussion in a lengthy written decision. R. 2:11-3(e)(1)(A) and (E). We affirm essentially for the reasons stated by Judge Mendez in his comprehensive, well-reasoned decision dated April 28, 2005.

 
Affirmed.

(continued)

(continued)

5

A-4780-04T4

RECORD IMPOUNDED

February 2, 2006