NEW JERSEY DIVISION OF YOUTH AND FAMILY
SERVICES v. R.M.
A-1843-08T3 02-05-10
This appeal required determination of (1) the criteria for
application of the "suspended judgment" provision of N.J.S.A.
9:6-8.51(a)(1); and (2) whether successful completion of a
period of suspended judgment necessarily leads to the removal of
the underlying finding of abuse or neglect from the central
registry maintained by the Division pursuant to N.J.S.A. 9:6-
8.11.
The opinion concludes that (1) the suspended judgment
provision of N.J.S.A. 9:6-8.51(a)(1) is generally applicable
when a Family Part judge has held a dispositional hearing and is
not prepared to enter a final order returning the child to the
parent or placing the child with the Division, but instead
proposes to give the parent an opportunity to maintain the
family unit based upon adherence to the particular remedial
requirements established pursuant to N.J.S.A. 9:6-8.52(a); and
(2) successful completion of a period of suspended judgment
does not result in expungement of the underlying finding of
abuse or neglect.
Because there is no basis to conclude that the Legislature
intended the suspended judgment provision of N.J.S.A. 9:6-
8.51(a)(1) to provide the equivalent of Pretrial Intervention in
abuse and neglect cases, New Jersey Division of Youth & Family
Services v. C.R., 387 N.J. Super. 363 (Ch. Div. 2006) is
overruled.
