Dept. of Children Families v. E.D.-O.

In this appeal, on a morning in early May 2009, a mother left her sleeping nineteen-month-old child unattended for approximately ten minutes in a locked motor vehicle with the motor running in a shopping mall parking lot. The Division of Child Protection and Permanency (Division) substantiated neglect, and the mother filed for an administrative review of that determination. The Division filed a complaint in the Superior Court seeking care and supervision of the unattended child and her siblings. That complaint was resolved by a consent order, and the mother renewed her administrative appeal of the substantiation determination. Years later, the Division determined that no genuine issue of material fact existed and summarily disposed of the matter. The Appellate Division affirmed the final agency decision substantiating neglect. The appellate panel concluded that a hearing in the Office of Administrative Law (OAL) was unnecessary because the mother s actions plainly constituted gross neglect. The mother argued on appeal to the Supreme Court that in a case in which no actual harm befell the child, the Division must evaluate whether her conduct caused an imminent risk of harm to her child at the time of fact-finding, rather than at the time of the event. To do otherwise, she contended, was contrary to the plain meaning and legislative intent of the statute. Furthermore, the mother argues that requiring her name to be listed on the Central Registry for a single lapse in judgment was unreasonable. In addition, the mother argued that the Division erred and the Appellate Division compounded the error by applying a categorical approach to evaluate her actions. The Supreme Court rejected the mother's interpretation of the definition of abuse and neglect found in N.J.S.A. 9:6-8.21(c)(4)(b), that the statute requires a finding that the parent's conduct presented an imminent risk of harm to the child at the time of fact-finding rather than at the time of the event that triggered the Division's intervention. Such an interpretation is not supported by the text of the statute, the legislative history, the Court's long-standing interpretation and application of the statute, or common sense. The Court also held that the Division should have referred the mother's appeal to the OAL for a hearing. "Leaving a child unattended in a car or a house is negligent conduct. However, this Court has emphasized that whether a parent's conduct is negligent or grossly negligent requires an evaluation of the totality of the circumstances. Such an evaluation can only occur through a hearing. The Division not only denied the mother a timely determination of her appeal but also denied her an individualized review of the unique circumstances attendant to the incident involving her child. We therefore reverse and remand this matter for a hearing before the OAL." View "Dept. of Children Families v. E.D.-O." on Justia Law