DCPP VS. S.M.J. AND H.M.B., IN THE MATTER OF THE GUARDIANSHIP OF K.I.J.B.M. AND S.J. (FG-07-0137-17, 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NOT FOR PUBLICATION WITHOUT THE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-4897-16T2
NEW JERSEY DIVISION OF
CHILD PROTECTION AND
PERMANENCY,
Plaintiff-Respondent,
v.
S.M.J.,
Defendant-Appellant,
and
H.M.B.,
Defendant.
________________________________________
IN THE MATTER OF THE GUARDIANSHIP
OF K.I.J.B.M. and S.J., Minors.
________________________________________
Submitted October 11, 2018 – Decided October 31, 2018
Before Judges Simonelli and DeAlmeida.
On appeal from Superior Court of New Jersey,
Chancery Division, Family Part, Essex County, Docket
No. FG-07-0137-17.
Joseph E. Krakora, Public Defender, attorney for
appellant (Mary K. Potter, Designated Counsel, on the
brief).
Gurbir S. Grewal, Attorney General, attorney for
respondent (Jason W. Rockwell, Assistant Attorney
General, of counsel; Peter R. Van Brunt, Deputy
Attorney General, on the brief).
Joseph E. Krakora, Public Defender, Law Guardian,
attorney for minors (Melissa R. Vance, Assistant
Deputy Public Defender, on the brief).
PER CURIAM
Defendant S.M.J. appeals from the June 30, 2017 judgment of the
Chancery Division terminating her parental rights to K.I.J.B.M. and S.J. , and
placing those children in the custody of the Division of Child Protection and
Permanency (the Division) for adoption. We affirm substantially for the reasons
stated in Judge Nora J. Grimbergen's comprehensive written opinion issued on
June 30, 2017.1
The evidence is detailed in Judge Grimbergen's opinion and can be
summarized briefly here. The Division received two referrals about S.M.J. in
1
Defendant H.M.B. is the father of both children. He did not appeal the trial
court's June 30, 2017 judgment terminating his parental rights.
A-4897-16T2
2
June 2015. At the time, S.M.J. had one child, K.I.J.B.M. It was reported to the
Division that S.M.J., while pregnant with her second child, S.J., attempted
suicide. According to the report, S.M.J. sought to terminate her pregnancy, and
when informed that she was too far into her pregnancy for a termination, she
intentionally stepped into traffic. S.M.J. denied having attempted suicide,
claiming that she was upset, had tears in her eyes, and did not see the oncoming
traffic when she entered the roadway. During her hospitalization for this
incident, S.M.J. tested positive for Xanax and opiates.
After S.M.J. gave birth to S.J., the Division removed both children from
S.M.J.'s custody, and placed them in the care of a resource parent. The Division
referred S.M.J. to services for mental health issues. Despite her lengthy history
of psychiatric ailments, including trauma-related symptoms, intrusive thoughts,
nightmares, mood swings, daily panic attacks, and a hospitalization for an
intentional overdose of sleeping pills, S.M.J. denies having mental health issues
and refused treatment.
During an evaluation by a psychiatrist, S.M.J. admitted to using
Suboxone, which is often prescribed to treat opiate addiction, and Xanax. When
asked if she had a prescription for Xanax, S.M.J. stated that she no longer used
the drug because she took medication during a recent incarceration that allowed
A-4897-16T2
3
her to "kick" her Xanax habit. The expert testified that S.M.J.'s report of having
been successfully treated for Xanax abuse was not credible and, if true, was
dangerous because Xanax withdrawal must be effectuated over a long period
with gradual reductions in the use of the drug. During the examination, S.M.J.
displayed rapid and unstable mood shifts, uncontrolled crying at inappropriate
moments, and an unorganized thought process. The expert diagnosed her with
bipolar disorder, and substance abuse disorder. Although referred to both
mental health and substance abuse treatment programs, S.M.J. was non-
compliant. S.M.J. appeared at one therapy session having taken psychotropic
medication.
S.M.J. also failed to take advantage of the Division's attempts to arrange
for visitation with her children. Although S.M.J. had a few successful visits,
she did not appear for most of the scheduled visits. She testified that her use of
Xanax interfered with her visitation because the drug, when ingested, "took her
somewhere else." At one program, S.M.J. failed to show up for three scheduled
in-take sessions, resulting in her missing five months of visitation. She also
failed to notify the Division of her release from incarceration, and of a change
in her address, frustrating attempts to schedule visitation.
A-4897-16T2
4
The Division assessed several relatives for possible placement of the
children. For various reasons, each of the relatives was determined not to be
appropriate. A bonding evaluation revealed that the children were happy,
relaxed, and spontaneous with their resource parent, who was, in turn, soothing,
affectionate, and encouraging to the children. The resource parent would like
to adopt the children. An expert opined that the children considered their
resource parent to be their psychological parent, and would suffer significant
and enduring harm if their relationship with their resource parent was severed.
Based on her evaluation of the trial evidence, including witness
credibility, Judge Grimbergen concluded that the Division had satisfied the four
prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), by clear and convincing
evidence. The judge specifically found S.M.J. continues to endanger the health,
safety, and development of the children through her untreated mental illness,
substance abuse, and inconsistent presence as a parental figure in their lives. In
addition, the court found that the Division's adequate efforts to provide services
to S.M.J. to address these issues were frustrated by S.M.J.'s lack of participation.
Finally, the court held that the Division established that the termination of
parental rights would not do more harm than good to the children.
A-4897-16T2
5
Based on our review of the record and the applicable legal standards, we
conclude that Judge Grimbergen's factual findings are supported by substantial
credible evidence, and her legal conclusions are unassailable in light of those
findings. See N.J. Div. of Youth & Family Servs. v. R.G., 217 N.J. 527, 552
(2014). S.M.J.'s arguments, including her claim that a language barrier hinders
the relationship between the children and their resource parent, are not supported
by the record. Her contentions are without sufficient merit to warrant further
discussion in a written opinion. R. 2:11-3(e)(1)(E).
Affirmed.
A-4897-16T2
6