Department of Children & Families v. E.D.-O. (A-109-13; 073916)
N.J.S.A. 9:6-8.21(c)(4)(b) requires a finding that the parent’s conduct presents an imminent risk of harm to the child at the time of the event that triggered the Division’s intervention. In addition, the determination of whether a parent’s conduct is negligent or grossly negligent requires an evaluation of the totality of the circumstances, which can only occur through a hearing. The Division should have referred E.D.-O.’s appeal to the OAL for a hearing.
