02-26-08
In the Matter of the Guardianship of R.W., F.W. and T.H.
New Jersey Division of Youth and Family Services v. T.H. //
In the Matter of the Guardianship of T.H.
A-5756-05T4; A-6485-05T4
DYFS filed an action to terminate parental rights of two
children against mother who abused and abandoned them. A third
child also abused and neglected by the mother died as the result
of abuse by the person to whom mother abandoned her children.
Mother sued DYFS for wrongful death of third child and received
$1 million settlement from the State. Trial court permitted
amendment of guardianship action to include third child and
terminated mother's parental rights to all three children. Held
in these unusual circumstances that parental rights to child
could be terminated posthumously on principle that equity will
not permit wrongdoer to profit by wrongdoing.
