DCPP VS. D.T., C.M. AND S.C. IN THE MATTER OF L.C., N.T. AND A.T. (FN-04-574-14, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) ( 2017 )

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NOT FOR PUBLICATION WITHOUT THE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-1365-15T3
NEW JERSEY DIVISION OF CHILD
PROTECTION AND PERMANENCY,
Plaintiff-Respondent,
v.
D.T.,1
Defendant-Appellant,
and
C.M. and S.C.,
Defendants.
_________________________________
IN THE MATTER OF L.C., N.T.,
and A.T.,
Minors.
_________________________________
Submitted April 26, 2017 – Decided September 11, 2017
Before Judges Fuentes and Gooden Brown.
On appeal from Superior Court of New Jersey,
Chancery Division, Family Part, Camden County,
Docket No. FN-04-574-14.
1
Pursuant to Rule 1:38-3(d)(12), we use initials and pseudonyms
to protect the confidentiality of the parties in these proceedings.
Joseph E. Krakora, Public Defender, attorney
for appellant (Kimmo Z. H. Abbasi, Designated
Counsel, on the brief).
Christopher S. Porrino, Attorney General,
attorney for respondent (Melissa H. Raksa,
Assistant Attorney General, of counsel; Laura
A. Dwyer, Deputy Attorney General, on the
brief).
Joseph E. Krakora, Public Defender, Law
Guardian, attorney for minors (Margo E.K.
Hirsch, Designated counsel, on the brief).
PER CURIAM
Defendant D.T. is the biological father of ten-year-old A.T.
(Albert), and eight-year-old N.T., (Nancy). Defendant is also the
"guardian"2 of fifteen-year-old L.C. (Linda), a girl defendant
raised since she was two years old. At all times relevant to this
case, defendant and the children resided with C.M. (Carin), who
is the biological mother of all three children. Defendant appeals
from the October 1, 2014 order entered by Judge Francine I. Axelrad
finding he abused and neglected these children under N.J.S.A. 9:6-
8.21c(4)(a). Defendant also appeals from the October 19, 2015
order entered by Judge Donald J. Stein terminating the Title 9
litigation because a complaint to terminate defendant's parental
rights under Title 30 had been filed. We affirm.
2
Under N.J.S.A. 9:6-8.21a, the Legislature defined "guardian" to
include the "paramour of a parent, or any person, who has assumed
responsibility for the care, custody, or control of a child[.]"
2 A-1365-15T3
I
At approximately 1:35 a.m. on March 30, 2014, the Division
of Child Protection and Permanency (Division) received a referral
of child abuse concerning these three children from Investigator
Dillon Deacon of the Camden County Prosecutor's Office. According
to the report filed by Division caseworker Jillian Mulhern, Carin,
the children's mother, "showed up to the Chesilhurst Police
Department, by banging on the windows, with no shoes on and
possibly intoxicated." Carin reported to the police that she was
"not comfortable living in her home with her boyfriend" and feared
he would call the police to make allegations against her.
Division caseworker Mulhern was also told that Carin claimed
defendant "was holding her against her will and forcing her to
prostitute." Mulhern thereafter confirmed that defendant had in
fact called the Chesilhurst Police Department "and alleged that
[Carin] sexually assaulted her daughters a few weeks ago."
Investigator Deacon told caseworker Mulhern that he had
interviewed the oldest daughter Linda, who was then eleven years
old, in the police station. Linda "disclosed that her mom touched
her breasts and private part between her legs however could not
give any time frames." Deacon also told Mulhern that Linda
"seemed delayed or perhaps uneducated."
3 A-1365-15T3
Although defendant was the first adult in the family to call
law enforcement, he was not cooperating and had "fled" with his
two "biological kids." Mulhern and fellow Division caseworker
Tracie Simpson continued to investigate this chaotic and highly
fluid situation. They eventually were able to interview Linda.
The caseworkers wrote that the child "appeared dirty; her clothes
looked dirty and worn with stains on them. [She] smelled badly
and her hair was not done and matted." Linda told the caseworkers
that she lived with her mother, defendant and her two younger
siblings. Linda said her mother had "meetings" with men who would
come to her house. She did not know these men; she and her
siblings were told to stay in their room when these men would come
to the house.
The Division caseworkers also spoke with Nancy, who was then
four years old. This child's clothes were also dirty and exhibited
signs of poor personal hygiene. Nancy told the caseworkers the
police officers had brought her to the station because "her mom
ran out of the house." She did not know why her "mommy runned
[sic] out of the house." Nancy claimed that both her parents
"pluck us like this real hard and beat me with an extension cord."
She also said her mother "touched her 'here' and pointed between
her legs." The caseworkers noted that Nancy "appears behind for
her age with speech development and cognitive abilities."
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The caseworkers also interviewed Albert at the Chesilhurst
Police Station. The boy was then six years old; his hair was
"matted" and he was "very dirty and his clothes were also dirty."
He was wearing sneakers without socks and "smelled very badly."
He said he was brought to the police station because his mother
"ran out." He did not know why. Albert did not know his birthdate
and could not spell his name. He did not go to school. According
to the caseworker, when she asked him about "meetings in the
house," he said: "I gotta [sic] meditate to help me think." The
child then "closed his eyes, crossed his legs and raised his hands
up as though to meditate. He then spoke with workers and said his
dad does not work and that's why they have meetings because they
pay him." He did not know the people who came to these "meetings."
He also said defendant told him not to tell anyone about the
meetings "because he doesn't want anybody to know their business."
The caseworkers also interviewed the children's mother,
Carin, who was then thirty-one years old. When asked about
defendant, Carin told them "basically, he's been prostituting me."
Carin also claimed defendant was physically abusive in his
discipline of her oldest child, Linda, because she was not his
biological daughter. Carin told the caseworkers that the sex
originally started "as sex with females and then it got into gay
acts with [defendant] joining in. [I]t didn't start with the paid
5 A-1365-15T3
part but then [defendant] put this on Craig's list for people to
pay her." She alleged defendant would beat her and lock her up
in her room to force her "to participate all the time." According
to Carin, this has been going on since 2007.
When asked about the children, Carin claimed defendant did
not allow the children to attend school. She had Linda "in an on-
line school but she hasn't been doing it." They live in an
abandoned house. Defendant "smokes a lot of weed" and drinks a
"lot of alcohol." When the caseworker asked Carin what caused her
to seek help from the police this day, she said she seized the
opportunity to flee when defendant left the door open while he was
engaged in a sexual act with a man who had responded to Craig's
list. She took Linda because she knew defendant would not hurt
his own biological children. Carin also claimed that defendant
told her that if she ever left, he would kill her.
At some point in the early morning hours of March 30, 2014,
defendant called the Chesilhurst Police Department. The Division
reports note that "Officer Seymour attempted to get him to come
into the Police Department." Officer Seymour claimed defendant
"wanted the cops to know he can read minds and he will know what
they are thinking." Defendant did not agree to voluntarily come
to the police station. After consulting with her Supervisor, the
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caseworkers decided to execute an emergency DODD removal 3 of the
children. Division records indicate that Carin was arrested and
charged with two counts of second degree sexual assault, N.J.S.A.
2C:14-2(b), and two counts of second degree endangering the welfare
of a child, N.J.S.A. 2C:24-4(a)(2).
Carin was interrogated by investigators from the Camden
County Prosecutor's Office. The appellate record includes a copy
of this investigation report. Carin told the investigators that
she lived with defendant and the children in an abandoned building
that did not have running water, heat, or a functioning toilet.
A person using the toilet was expected to fill a bucket with water
from a well in the basement, carry the bucket filled with water
to the bathroom, and pour the water into the toilet. They used a
space heater to warm the water to wash. Because the water was not
suitable for drinking, they filled bottles with water they took
from defendant's mother's house.
3
"A 'Dodd removal' refers to the emergency removal of a child
from the home without a court order, pursuant to the Dodd Act,
which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. The
Act was authored by former Senate President Frank J. 'Pat' Dodd
in 1974." See N.J. Div. of Youth & Family Servs. v. P.W.R., 205
N.J. 17, 26 n.11 (2011) (quoting N.J. Div. of Youth & Family Servs.
v. N.S., 412 N.J. Super. 593, 609 n.2 (App. Div. 2010)).
7 A-1365-15T3
Law enforcement investigators executed a search warrant of
the abandoned building where defendant, Carin, and the children
resided. The report of the search corroborated Carin's description
of her living conditions. The dwelling was dirty, had a bad smell,
did not have running water, and the floor was littered with trash.
The toilet did not have water in the tank; the refrigerator had
rotting food.4 The investigators also retrieved two postings under
the "Personal Encounters section" of Craigslist.com, with the
entry dates March 6, 2014 and March 29, 2014. These postings
contained explicit language describing sexual acts and requesting
those interested to send photographs and other information.
The prosecutor's investigators also interrogated defendant.
He told them he had had a "guest" in the home that evening who
brought $100 to buy alcoholic beverages. Defendant also admitted
to having posted the Craigslist sexual encounter postings, but
claimed no one responded. Defendant also admitted that the
children were home when the people responding to the Craigslist
postings came to the house. Defendant claimed the children were
told to stay in their room. Defendant admitted to Division
caseworker Nicole Curtis that he and Carin were "swingers" who
looked for like-minded people on Craigslist. He also admitted to
4
The appellate record includes numerous photographs depicting the
dilapidated conditions these three children were forced to endure.
8 A-1365-15T3
using marijuana and ecstasy. With respect to the children,
defendant admitted they were not going to school, but claimed he
was not against them attending school.
The Division arranged for the children to be physically
evaluated by Dr. Martin Finkle of Rowan University CARES
Institute.5 The older child, Linda, reported being hit with a
belt "a lot" by both Carin and defendant. Albert "had a number
of linear marks on his back and buttocks that could easily be the
result of the use of an object, such as a belt or a cord[.]"
Nancy also reported being hit with a belt and cord and to seeing
her parents engaged in physical fighting. With respect to their
cognitive and emotional development, Linda was found to have verbal
and nonverbal scores that fell significantly below her age level.
She reported having suicidal thoughts and symptoms consistent with
post-traumatic stress disorder. Albert was enrolled in
kindergarten. His verbal and nonverbal skills were extremely low.
Nancy had speech difficulties and was recommended for a child team
evaluation.
5
"The CARES Institute provides an array of medical and mental
health services developed to meet the diagnostic and therapeutic
needs of children through an individualized plan for the specific
circumstances of each child and family." See
http://www.caresinstitute.org (Last visited on August 29, 2017.)
9 A-1365-15T3
Judge Axelrad conducted a fact-finding hearing over three
non-sequential days on August 12, 2014, September 29, 2014, and
October 1, 2014. The Division presented the testimony of Detective
Deacon, and caseworkers Mulhern and Curtis. These witnesses
described the events that led to the Division's involvement and
described the children's living conditions and the concomitant
harm they suffered as a result. Defendant called his mother and
testified on his own behalf. Their testimony corroborated the
accounts of defendant's behavior revealed in the course of the
Division's investigation. On September 28, 2014, Carin entered
into a stipulation admitting that she abused and neglected her
children by failing to send them to school for seven months.
In her oral opinion delivered from the bench on October 1,
2014, Judge Axelrad found the testimony of the witnesses called
by the Division credible. Conversely, she found defendant's
testimony was not credible. Judge Axelrad found defendant shifted
the blame to Carin and absolved himself of all responsibility for
the squalor and depravity that surrounded these children. In
Judge Axelrad's words: "Basically what happens is he doesn't take
responsibility for things when he knows it's not in his best
interest to take responsibility."
Judge Axelrad found the Division proved, by a preponderance
of the credible evidence, that defendant educationally abused
10 A-1365-15T3
Linda and Albert by keeping them out of school from September 2013
through March 30, 2014. Defendant's actions constituted "reckless
disregard of their welfare" pursuant to N.J.S.A. 9:6-21(c)(4)(a).
Judge Axelrad also found the Division proved, by a preponderance
of the credible evidence, that defendant abused and neglected
these three children by failing to provide them with food,
clothing, and shelter, despite being financially able to do so.
Ibid.
The judge also found the Division established "by clear and
convincing evidence" that defendant provided inadequate
supervision and placed the children in substantial risk of harm
"by advertising on Craigslist and inviting strangers to the house
for the purposes of sex and drugs with the children on the property
in the . . . adjoining room." The judge found "completely
incredible the statement by [defendant] that the only time that
the children were there was the time he got caught, which was the
weekend of his birthday[.]" Applying the standard established by
the Court in G.S. v. Department of Youth and Family Services, 157
N.J. 161, 178 (1999), Judge Axelrad found defendant failed to
exercise a minimum degree of care, despite being aware of the
dangers inherent in the situation. The judge concluded the
children were not harmed by these strangers only because they were
11 A-1365-15T3
"smart enough to stay in the room, and keep the door closed, and
if necessary barricade the door."
We are bound to uphold the factual findings of the Family
Part predicated on the credibility of a witness' testimony because
the judge "has the opportunity to make first-hand credibility
judgments about the witnesses who appear on the stand; it has a
'feel of the case' that can never be realized by a review of the
cold record." Division of Youth & Family Servs. v. E.P., 196 N.J.
88, 104 (2008). "We also recognize the special expertise of those
judges assigned to the Family Part." New Jersey Div. of Youth &
Family Services v. N.S., 412 N.J. Super. 593, 616 (App. Div. 2010),
(citing Cesare v. Cesare, 154 N.J. 394, 412-13 (1998)).
Guided by these standards, we discern no legal basis to
interfere with Judge Axelrad's factual findings and ultimate
determination finding defendant abused and neglected these
children under N.J.S.A. 9:6-21(c)(4)(a). The record is replete
with evidence establishing that defendant abused and neglected
these children in almost every way imaginable. He failed to
provide them with the most rudimentary aspects of living, food,
shelter and deprived them of an emotionally nurturing environment.
The academic neglect of the two older children may prove to
be the most irreparable of all the harms defendant inflicted on
these children. The early childhood years constitute a critical,
12 A-1365-15T3
yet fleeing opportunity for a child to develop a healthy emotional
persona and lead an intellectually stimulating life. The evidence
presented by the Division shows these children are developmentally
delayed and have yet to acquire the cognitive skills commensurate
to their age group. Defendant's attempt to absolve himself of
responsibility for causing this harm also supports Judge Stein's
decision to terminate the Title 9 litigation to allow the Division
to move forward with its action to terminate defendant's parental
rights under Title 30.
Affirmed.
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