DCPP VS. L.G. (IN THE MATTER OF THE GUARDIANSHIP OF A.L.G.(FG-07-0182-16, ESSEX COUNTY AND STATEWIDE)(RECORD IMPOUNDED)

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NOT FOR PUBLICATION WITHOUT THE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-1328-16T2
NEW JERSEY DIVISION OF CHILD
PROTECTION AND PERMANENCY,
Plaintiff-Respondent,
v.
L.G.,
Defendant-Appellant.
_________________________________
IN THE MATTER OF THE GUARDIANSHIP
OF A.L.G., a minor.
_________________________________
Submitted October 4, 2017 — Decided October 24, 2017
Before Judges Koblitz, Manahan and Suter.
On appeal from Superior Court of New Jersey,
Chancery Division, Family Part, Essex County,
Docket No. FG-07-0182-16.
Joseph E. Krakora, Public Defender, attorney
for appellant (Daniel DiLella, Designated
Counsel, on the briefs).
Christopher S. Porrino, Attorney General,
attorney for respondent (Andrea M. Silkowitz,
Assistant Attorney General, of counsel; Alan
R. Blankstein, Deputy Attorney General, on the
brief).
Joseph E. Krakora, Public Defender, Law
Guardian, attorney for minor (Linda Vele
Alexander, Designated Counsel, on the brief).
PER CURIAM
Defendant L.G. appeals from a Family Part order dated November
15, 2016, terminating her parental rights to her daughter A.L.G.
(Ann)1, who was six years old at the time of the guardianship
trial.2 We affirm, substantially for the reasons stated by Judge
David Katz in his written opinion issued with the order.
The evidence is outlined in detail in the judge's opinion.
A summary will suffice here. Ann was born in 2010. She was
removed from defendant in May 2015 due to defendant's inability
to care for her child due to her drug involvement. Defendant
admitted at that time that she had relapsed and was again using
heroin. Ann was immediately placed with her current resource
parent, who wishes to adopt her. According to the Division's
expert psychologist, Ann is bonded to her resource parent and
wishes to be adopted by her. The Law Guardian agrees with the
Division that termination of parental rights is in Ann's best
interests.
1
Pursuant to Rule 1:38-3(d)(12), we use initials and fictitious
names to protect the privacy of the family.
2
The child's father did not present himself as a placement nor
cooperate with the Division of Child Protection and Permanency
(Division). He defaulted, his parental rights were terminated,
and he does not appeal.
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Defendant had three older children. One died, another child
was an adult at the time of trial, and defendant's parental rights
to a third child had been involuntarily terminated and the child
adopted. The Division was relieved from the obligation to make
reasonable efforts to provide services to defendant, pursuant to
N.J.S.A. 30:4C-11.2, based on this prior involuntary termination
of parental rights. Nonetheless, the Division did offer defendant
various evaluations and opportunities for drug and psychiatric
treatment. The Division also evaluated individuals known to
defendant for placement who were ruled out. Defendant refused to
cooperate with a bonding evaluation and had not visited Ann for
more than six months at the time of trial. When she did participate
in visits, she was frequently not engaged with her daughter. She
had slurred speech and great difficulty staying awake during some
visits. Although recommended for in-patient treatment, defendant
was not willing to avail herself of that option. She tested
positive for both prescription drugs not prescribed to her, as
well as illegal substances, dozens of times after Ann was removed
from her custody.
In his comprehensive opinion, Judge Katz found that the
Division had proven by clear and convincing evidence all four
prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), and
that termination of defendant's parental rights was in the child's
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best interests. On this appeal, our review of the trial judge's
decision is limited. We defer to his expertise as a Family Part
judge, Cesare v. Cesare, 154 N.J. 394, 412 (1998), and we are
bound by his 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 the trial judge's factual findings
are fully supported by the record and, in light of those facts,
his legal conclusions are unassailable.
Defendant contends that the trial judge erred in his findings
with regard to all four prongs of the best interests test and
admitted evidence improperly. Those arguments are without
sufficient merit to warrant discussion in a written opinion. R.
2:11-3(e)(1)(E).
Affirmed.
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