DCPP VS. T.H., IN THE MATTER OF THE GUARDIANSHIP OF I.H. AND P.H., JR. (FG-01-0034-17, ATLANTIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED) ( 2019 )

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NOT FOR PUBLICATION WITHOUT THE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-2077-17T4
NEW JERSEY DIVISION OF
CHILD PROTECTION AND
PERMANENCY,
Plaintiff-Respondent,
v.
T.H.,
Defendant-Appellant.
____________________________
IN THE MATTER OF THE
GUARDIANSHIP OF I.H.
and P.H., JR.,
Minors.
_______________________________
Submitted December 13, 2018 – Decided January 8, 2019
Before Judges Simonelli and O'Connor.
On appeal from Superior Court of New Jersey,
Chancery Division, Family Part, Atlantic County,
Docket No. FG-01-0034-17.
Joseph E. Krakora, Public Defender, attorney for
appellant (Dianne Glenn, Designated Counsel, on the
briefs).
Gurbir S. Grewal, Attorney General, attorney for
respondent (Melissa H. Raksa, Assistant Attorney
General, of counsel; Nicholas Logothetis, Deputy
Attorney General, on the brief).
Joseph E. Krakora, Public Defender, Law Guardian,
attorney for minors (Meredith A. Pollock, Deputy
Public Defender, of counsel; Damen J. Thiel,
Designated Counsel, on the brief).
PER CURIAM
Defendant T.H., the biological mother of I.H., born in October 2014, and
P.H., Jr., born in October 2015, appeals from the December 20, 2017 judgment
of guardianship terminating her parental rights to the children. 1 On appeal,
defendant contends the trial judge erred in finding respondent New Jersey
Division of Child Protection and Permanency (Division) proved all four prongs
of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We affirm.
We will not recite in detail the history of the Division's involvement with
the family. Instead, we incorporate by reference the factual findings set forth in
1
The judgment also terminated the parental rights of the children's biological
father, P.H., Sr., who voluntarily surrendered his parental rights and does not
appeal.
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2
Judge W. Todd Miller's comprehensive written opinion, dated December 20,
2017. We add the following comments.
Defendant has two other children, C.L., born in May 2011, and R.L., born
in May 2012. Defendant became involved with the Division in July 2013, based
on allegations of defendant's abuse of alcohol in the children's presence and poor
conditions in the home. Defendant voluntarily surrendered her parental rights
to C.L. and R.L. and her involvement with the Division continued with respect
to I.H. and P.H., Jr.
From July 2013 until the start of the guardianship trial in October 2017,
defendant's involvement with the Division was marked by her unresolved mental
health problems, substance abuse, lack of employment, instability, domestic
violence with P.H., Sr., failure to protect R.L. from P.H., Sr.'s physical abuse,
criminal activity and incarcerations, sporadic visitation, and non-compliance
with the numerous services the Division offered.
The Division's undisputed expert psychological evidence confirmed
defendant lacked the minimal ability to adequately parent I.H. and P.H., Jr.,
could not safely parent the children, and her prognosis was poor. The Division's
undisputed expert bonding evidence confirmed the children would not suffer
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severe and enduring harm if separated from defendant, but would suffer
enduring harm if separated from their resource parents, who want to adopt them.
Judge Miller reviewed the evidence presented at the trial, made factual
findings as to each prong of N.J.S.A. 30:4C-15.1(a), and thereafter concluded
the Division met by clear and convincing evidence all of the legal requirements
for a judgment of guardianship as to both defendants. The judge's opinion tracks
the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with N.J. Div. of
Youth & Family Servs. v. F.M., 211 N.J. 420 (2012), N.J. Div. of Youth &
Family Servs. v. E.P., 196 N.J. 88 (2008), In re Guardianship of K.H.O., 161
N.J. 337 (1999), In re Guardianship of D.M.H., 161 N.J. 365 (1999), and N.J.
Div. of Youth & Family Servs. v. A.W., 103 N.J. 591 (1986), and is amply
supported by the record. F.M., 211 N.J. at 448-49. We affirm substantially for
the reasons Judge Miller expressed in his cogent written opinion.
Affirmed.
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