IMPORTANT ABUSE/NEGLECT CASES TO KNOW

 

G.S. v. N.J. Division of Youth & Family Services, 157 N.J. 161 (1999): The “minimum degree of care” standard articulated in N.J.S.A. 9:6-8.21(c)(4)(b) refers to conduct that is grossly or wantonly negligent, but not necessarily intentional.

 

Dept. of Children & Family v. T.B., 207 N.J. 294 (2011): Title 9 requires gross negligence or recklessness.

 

In re Guardianship of D.M.H., 161 N.J. 365, 383 (1999): The mere lack of actual harm to the child is irrelevant, as "[c]ourts need not wait to act until a child is actually irreparably impaired by parental inattention or neglect."

 

G.S. v. Dept. of Human Services, 157 N.J. 161 (1999): In a Title 9 abuse and neglect case, it is irrelevant that the parent or guardian did not intend to cause the harm. 

 

New Jersey Division of Youth & Family Services v. S.S., 372 N.J. Super. 13 (App. Div. 2004): Harm to a child from exposure to domestic violence cannot be presumed in the absence of its evidence or potential.  

 

DYFS v. G.M, 198 N.J. 382 (2009): Title 9 requires a "dispositional hearing" where the relevant issue is safety of the child to return to the home from which child was removed, not best interest or child's wishes.  

 

DYFS v. F.M., 211 N.J. 420 (2012): Challenge to DYFS care or custody and demand for trial on those issues must be made prior to the Division filing TPR case. 

 

Dept. of Children & Family v. K.A., 413  N.J. Super. 504 (App. Div. 2010), certif granted & appeal dismissed, 208 N.J. 355 (2011): Corporal punishment, even resulting in bruises, is not abuse. 

 

DYFS v. A.L., 213 N.J. 1 (2013): Evidence of a mother's drug use during pregnancy and test results showing cocaine in a new born baby's system, without more, cannot support a finding of child abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b).

 

DYFS v. A.S., 214 N.J. 8 (2013):  Trial court did not have authority under Title 9 to enter order continuing care, supervision and custody of child absent a finding of abuse or neglect, but could do so order under N.J.S.A. 30:4C-12 where child has needs parent could not meet.