Wednesday, August 14, 2019

Child’s Need For Safety Trumps Parental Rights

Parents living in a hotel room with their children were charged with abuse and neglect for allowing the father, a Megan’s Law offender, unsupervised contact with the children, failure to immunize the children and failing to provide appropriate sleeping arrangements for the children. In New Jersey Div. of Child Prot. And Permanency v. J.B., the division learned that the mother, J.B., left the children alone with the father, C.R., who was prohibited from staying in a location where a minor was present without approval and subject to community supervision for life for Megan’s Law offenses involving the father’s 7 year old child and the mother’s older children from a prior relationship. The division filed for custody, care and supervision of the children under N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. The referrant advised the division that the mother had recently given birth to a son after she had carried with no prenatal care and that the parents did not want to leave the infant at the hospital for a 48 hour monitoring period after birth, which the doctors believed prudent in light of the fact that the mother had no prenatal care. Also included in the complaint was the fact that the children did not have adequate sleeping accommodations and seeking to provide immunizations to the children. The daughter was 2 years and 9 months old and had been sharing a bed with the parents. The Defendants ultimately stipulated to abuse and neglect after the Superior Court judge granted the division custody but the parents denied the division approval to immunize the children. Once the parents stipulated to abuse, the division moved again to immunize the children over the parents’ objections on religious grounds and the trial court found in favor of the division over the parents. The parents appealed the decision of the Superior Court judge to permit the division to immunize the children in spite of the Defendants’ objections on religious grounds. Although the parents objections to immunization fit squarely into one of two permissible objections, religious or medical, the N.J. Appellate Division cited In re Guardianship of J.C., 129 N.J. 1, 9-10 (1992), acknowledging a parent’s constitutionally protected rights to raise their children, even if those children are in foster care. The N.J. Appellate Division then cited In re Guardianship of K.H.O., 161 N.J. 337, 347 (1999) in holding that the parents rights are superseded by the children’s safety and that the court has the ultimate authority to protect children in the event that they are in danger. The decision below was affirmed. For more information about parenting time, custody or other matters pertaining to parental rights visit DarlingFirm.com or call 973-584-6200 now to schedule a consultation. This blog is for informational purposes only and not intended to replace the advice of an attorney.

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