NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS.
S.N.W.
IN THE MATTER OF A.W. AND E.W.
A-0504-11T4
The mere fact that a parent appeared inebriated is not
necessarily determinative of whether that parent was providing a
minimum degree of care. As a result, the court vacated an order
based solely on a determination that the parent had abused or
neglected her twenty-month old and five-month old children by
appearing inebriated. The court concluded that the trial judge
failed to determine the parent's degree of culpability,
particularly in light of uncertainty about whether the parent
had exceeded the prescribed amount of Xanax she was then taking
and whether that circumstance prevented her from being able to
provide a minimum degree of care. 10-02-12
