DCPP VS. A.C. AND O.P., SR., IN THE MATTER OF THE GUARDIANSHIP OF O.P., JR. AND E.P. (FG-09-0245-15, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) ( 2018 )

RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-4827-16T4
NEW JERSEY DIVISION OF CHILD
PROTECTION AND PERMANENCY,
Plaintiff-Respondent,
v.
A.C.,
Defendant-Appellant,
and
O.P., Sr.,
Defendant.
______________________________________
IN THE MATTER OF THE GUARDIANSHIP
OF O.P., Jr., and E.P.,
Minors.
_______________________________________
Submitted October 15, 2018 – Decided October 22, 2018
Before Judges Haas, Sumners and Mitterhoff.
On appeal from Superior Court of New Jersey,
Chancery Division, Family Part, Hudson County,
Docket No. FG-09-0245-15.
Joseph E. Krakora, Public Defender, attorney for
appellant (Andrew R. Burroughs, Designated Counsel,
on the briefs).
Gurbir S. Grewal, Attorney General, attorney for
respondent (Jason W. Rockwell, Assistant Attorney
General, of counsel; Jessica M. Steinglass, Deputy
Attorney General, on the brief).
Joseph E. Krakora, Public Defender, Law Guardian,
attorney for minors (Lisa M. Black, Designated
Counsel, on the brief).
PER CURIAM
Defendant A.C.1 appeals from the Family Part's June 28, 2017 judgment
of guardianship terminating her parental rights to her son, O.P., Jr. (Ollie), born
in July 2013, and her daughter, E.P. (Erin), born in December 2014. 2 Defendant
contends that the Division of Child Protection and Permanency (Division) failed
to prove each prong of N.J.S.A. 30:4C-15-1(a) by clear and convincing
1
We refer to the adult parties by initials, and to the children by fictitious names,
to protect their privacy. R. 1:38-3(d)(12).
2
The judgment also terminated the parental rights of the children's father, O.P.,
Sr., who has not filed an appeal from that determination.
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evidence. The Law Guardian supports the termination on appeal as it did before
the trial court.
Based on our review of the record and applicable law, we are satisfied that
the evidence in favor of the guardianship petition overwhelmingly supports the
decision to terminate defendant's parental rights. Accordingly, we affirm
substantially for the reasons set forth in Judge Lourdes I. Santiago's thorough
and thoughtful, fifty-six-page written decision rendered on June 28, 2017.
We will not recite in detail the history of the Division's involvement with
defendant. Instead, we incorporate by reference the factual findings and legal
conclusions contained in Judge Santiago's decision. We add only the following
comments.
We are satisfied that commencing with the Division's first contact with
defendant in January 2014, the Division provided multiple opportunities for her
to reunify with her children and address her long-standing mental health issues.
The Division assumed custody of Ollie, a child with special needs, when he was
six months old because defendant was not taking him to his medical
appointments. When Erin was born just eleven months later, the Division was
granted custody of the baby because defendant was homeless and unable to care
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for her. Both children were placed with the same resource family in March
2015, where they have thrived. 3
Although defendant was cooperative with the Division and participated in
the services it provided to her in the years that followed, the unanimous opinion
of the mental health experts who testified at trial was that defendant had not,
and could not in the foreseeable future, overcome the cognitive deficits that
prevented her from safely parenting the children. One of the Division's two
expert psychologists, Dr. Karen Wells, diagnosed defendant with post-traumatic
stress disorder (PTSD) and mixed personality disorder with dependent and
borderline personality characteristics. Dr. Wells opined that defendant was
unable to parent both children independently. The other expert psychologist,
Dr. Charles Daly, provided a similar diagnosis, and also opined that defendant
"was not able to serve as a custodial parent in a safe and caring way for her
children." The opinions expressed by the Division's experts were confirmed by
Dr. Elizabeth Smith, an expert psychologist, presented by the Law Guardian.
Dr. Smith determined "it would not be safe to reunify the children with"
3
The foster parents are committed to adopting the children.
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defendant, and that the children "would be at risk of harm" due to her ongoing
mental health issues. 4
All three psychologists conducted bonding evaluations between defendant
and the two children, and between the children and the foster parents. Each
opined that, at best, the children had only "an insecure bond" with defendant,
and would not suffer any lasting harm if that bond were terminated. On the
other hand, all three experts testified that the children were firmly bonded to the
foster parents, and viewed them as their psychological parents. The experts also
agreed that the children would suffer enduring and permanent harm if their
relationship with the foster parents was severed.
Defendant did not testify at trial and did not offer any expert testimony
contradicting the opinions expressed by Dr. Wells, Dr. Daly, and Dr. Smith.
In her opinion, Judge Santiago reviewed the evidence presented and
concluded that (1) the Division had proven all four prongs of the best interests
test by clear and convincing evidence, N.J.S.A. 30:4C-15.1(a); and (2)
termination of defendant's parental rights was in the children's best interests. In
this appeal, our review of the trial judge's decision is limited. We defer to her
4
The Division also provided the testimony of a psychiatrist, who offered a
similar diagnosis of defendant, but this expert did not conduct a bonding
analysis.
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expertise as a Family Part judge, Cesare v. Cesare, 154 N.J. 394, 413 (1998),
and we are bound by her factual findings so long as they are supported by
sufficient credible evidence. N.J. Div. of Youth & Family Servs. v. M.M., 189
N.J. 261, 279 (2007) (citing In re Guardianship of J.T., 269 N.J. Super. 172, 188
(App. Div. 1993)).
After reviewing the record, we conclude that Judge Santiago's factual
findings are fully supported by the record and, in light of those facts, her legal
conclusions are unassailable. We therefore affirm substantially for the reasons
that the judge expressed in her well-reasoned opinion.
In so ruling, we note, as did Judge Santiago, that defendant made some
progress in her personal life prior to the trial, especially in terms of securing
housing through a government program, and by maintaining employment.
However, as amply demonstrated by the unrebutted expert testimony, defendant
still suffered from a mental illness which prevented reunification. As the judge
explained, although defendant
engaged in recommended services and treatment, it
became clear that [defendant] suffered from poor
judgment not only in the selection of romantic partners,
but was also exhibiting an inability to manage and
handle stressful situations and meeting the demands of
child care and daily living. Reports from treatment
providers and programs reported that despite her
compliance in attending treatment sessions such as
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individual and domestic violence counseling and
therapeutic visitation, that she had underlying cognitive
issues which were prohibiting her from executing on
what she was learning.
After a lengthy period of time engaging in
treatment, it became apparent that [defendant]'s
underlying issues would require long term treatment in
cognitive behavioral therapy, that if successful "may"
help her learn and implement what she has learned. The
[c]ourt has considered uncontroverted psychological
and psychiatric evaluations from several credible
experts that opine that she cannot safely parent these
children at this time. It is unclear whether continued
treatment with [cognitive behavioral therapy] will
assist [defendant] in remediating these major issues and
how much time would be needed before she could
engage in unsupervised and safe parenting. These two
children have already been in [and] out of home
placement for three years and permanency for [Ollie]
and [Erin] cannot be further delayed.
We discern no basis for disturbing Judge Santiago's reasoned
determination on this point. Children are entitled to a permanent, safe and
secure home. We acknowledge "the need for permanency of placements by
placing limits on the time for a birth parent to correct conditions in a nticipation
of reuniting with the child." N.J. Div. of Youth & Family Servs. v. C.S., 367
N.J. Super. 76, 111 (App. Div. 2004). As public policy increasingly focuses on
a child's need for permanency, the emphasis has "shifted from protracted efforts
for reunification with a birth parent to an expeditious, permanent placement to
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promote the child's well being." Ibid. (citing N.J.S.A. 30:4C-11.1). That is
because "[a] child cannot be held prisoner of the rights of others, even those of
his or her parents. Children have their own rights, including the right to a
permanent, safe and stable placement." Ibid.The question then is "whether the parent can become fit in time to meet
the needs of the children." N.J. Div. of Youth & Family Servs. v. F.M., 375 N.J.
Super. 235, 263 (App. Div. 2005); see also N.J. Div. of Youth & Family Servs.
v. P.P., 180 N.J. 494, 512 (2004) (indicating that even if a parent is trying to
change, a child cannot wait indefinitely). After carefully considering the
testimony of the mental health professionals who evaluated defendant, Judge
Santiago reasonably determined that, despite defendant's progress in some areas,
she was still unable to parent the two children, and would not be able to do so
for the foreseeable future. Under those circumstances, we agree with the judge
that any further delay of permanent placement would not be in the best interests
of the children.
Affirmed.
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