05-10-11 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS. A.R., J.R., W.B., AND J.H.
IN THE MATTER OF N.R., I.R., AND J.H. A-3161-10T4
The undisputed facts revealed that defendant left his ten- month child to sleep on a twin bed without railings, while a ten-year old child also slept in the bed, near an operating radiator; the ten-month old child was found the next morning on the floor suffering severe burns from the hot radiator. The trial court found defendant was merely negligent and the child neither abused nor neglected within the meaning of N.J.S.A. 9:6- 8.21(c). The court granted leave to appeal and reversed, concluding in its application of the statutory standard, as interpreted in G.S. v. Dep't of Human Servs., 157 N.J. 161 (1991), that defendant was grossly negligent because "an ordinary reasonable person" would understand the situation posed dangerous risks and defendant acted without regard for the potential serious consequences.
