05/05/14
NEW JERSEY DIVISION OF CHILD
PROTECTION AND
PERMANENCY VS. M.C
A-2398-12T2
On a father's appeal of a judgment
entered against him a fact-finding hearing in an abuse or neglect action
commenced pursuant to N.J.S.A. 9:6-8.21 to -8.73 and
N.J.S.A. 30:4C-12, we reverse.
Construing N.J.S.A. 9:6-8.21(c)(4)(b), we conclude that
in a case, such as this, where there is no finding of actual harm, N.J.S.A.
9:6-8.21(c)(4) requires a court to
consider competent evidence establishing that the conditions that posed a risk
of harm have been successfully remediated between the time that the Division of
Child Protection and Permanency intervened and the time of the fact-finding
hearing. We further conclude that if evidence of successful remediation by the
time of the fact-finding hearing is undisputed and if there is no evidence
establishing, or permitting a reasonable inference of, likely repetition of the conduct or
circumstances that warranted intervention, the evidence is insufficient to
support a determination that the child "is in imminent danger of becoming
impaired."
