DCPP VS. C.T. IN THE MATTER OF E.H.(FN-02-0277-15, BERGEN COUNTY AND STATEWIDE)(RECORD IMPOUNDED) ( 2017 )


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  •                              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    NOT FOR PUBLICATION WITHOUT THE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-5188-15T1
    NEW JERSEY DIVISION OF
    CHILD PROTECTION AND
    PERMANENCY,
    Plaintiff-Respondent,
    v.
    C.T.,
    Defendant-Appellant.
    _________________________________
    IN THE MATTER OF E.H.,
    A minor.
    _________________________________
    Submitted September 26, 2017 – Decided October 24, 2017
    Before Judges Sumners and Moynihan.
    On appeal from Superior Court of New Jersey,
    Chancery Division, Family Part, Bergen County,
    Docket No. FN-02-0277-15.
    Joseph E. Krakora, Public Defender, attorney
    for appellant (Robert W. Ratish, Designated
    counsel, on the brief).
    Christopher S. Porrino, Attorney General,
    attorney for respondent (Andrea M. Silkowitz,
    Assistant Attorney General, of counsel; Mehnaz
    Rahim, Deputy Attorney General, on the brief).
    Joseph E. Krakora, Public Defender, attorney
    for minor (Noel C. Devlin, Assistant Deputy
    Public Defender, of counsel and on the brief).
    PER CURIAM
    The Division of Child Protection and Permanency filed this
    action charging defendant with emotional abuse and neglect of her
    then twelve-year-old daughter E.H., as a result of defendant's
    alcohol abuse, threat to attempt suicide while E.H. was present,
    and inappropriate parenting behavior.              Following a fact-finding
    hearing, Judge Jane Gallina-Mecca issued an order on March 10,
    2016, determining that defendant's conduct constituted abuse and
    neglect under N.J.S.A. 9:6-8.21(c)(4)(b).
    On appeal, defendant argues the judge failed to consider
    evidence   of   E.H.'s   behavioral       issues   and   defendant's    mental
    illness.     Defendant also contends the judge erred in relying on
    contested testimony and did not consider the reasons defendant
    terminated E.H.'s relationship with defendant's allegedly abusive
    ex-boyfriend, who was a father figure to E.H. We find insufficient
    merit in these arguments to warrant discussion in a written
    opinion.   R. 2:11-3(e)(1)(E).
    We affirm substantially for the reasons stated by Judge
    Gallina-Mecca    in   her   thorough,       well-reasoned    oral   decision
    covering sixty transcript pages.             Her findings were based on
    2                                A-5188-15T1
    substantial evidence she found credible and, for that reason, we
    must defer to those findings.    Cesare v. Cesare, 
    154 N.J. 394
    ,
    411-13 (1974); N.J. Div. of Youth & Family Servs. v. H.B., 
    375 N.J. Super. 148
    , 172 (App. Div. 2005).     Finding no principled
    reason for second-guessing the judge's findings or the conclusions
    drawn from those findings, we reject defendant's arguments.
    Affirmed.
    3                          A-5188-15T1
    

Document Info

Docket Number: A-5188-15T1

Filed Date: 10/24/2017

Precedential Status: Non-Precedential

Modified Date: 4/18/2021