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Thursday, January 15, 2015

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY VS. R.W. IN THE MATTER OF M.W. AND Z.W. A-4545-12T3


NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY VS. R.W. IN THE MATTER OF M.W. AND Z.W.
A-4545-12T3
A mother's admission to a one-time use of marijuana, while accompanied by her infant, is not proof by the preponderance of the evidence that she abused and neglected her child within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b). Furthermore, the manner in which the New Jersey Division of Child Protection and Permanency attempted to prove the conduct——by moving into evidence a document containing a caseworker's summary of an interview with a staff member at the residential placement where the mother had been living——raised critical evidential issues.