07-16-09 DYFS V. V.M. & B.G. - I/M/O GUARDIANSHIP OF J.M.G.
A-4627-06T4
In this Title 9 appeal, the majority concludes that DYFS
established abuse and neglect. The majority declined to address
the issue of whether in finding abuse and neglect, the trial
judge erred in considering defendant mother's refusal to consent
to a cesarean-section (c-section) as an element of abuse and
neglect. The majority was of the view that there was sufficient
evidence in the record to sustain the finding of abuse and
neglect making it unnecessary to address the c-section issue.
The panel agreed that the appeal was not moot as it reversed the
finding of abuse and neglect as to defendant father
notwithstanding that the parental rights of the parents were
terminated in a subsequent Title 30 proceeding presently under
review by this court.
The concurring opinion concludes that consideration of the
mother's refusal to consent to a c-section was error and should
be addressed. DYFS initially took the position that such
refusal was relevant to the issue of abuse and neglect but later
urged that the refusal was relevant to the issue of credibility
as the mother later indicated that she did not refuse the
procedure.
Richard Sadowski
Assistant Editor
