DCPP VS. D.H., T.W., J.K., JR., AND K.M., IN THE MATTER OF THE GUARDIANSHIP OF D.H., T.G., AND J.W. (FG-16-0048-19, PASSAIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED) (A-1774-19/A-1857-20)
The court holds that a parent's status as a recreational marijuana user cannot suffice as the sole or primary reason to terminate that parent's rights under Title 30, unless the Division of Child Protection and Permanency proves with competent, case-specific evidence that the marijuana usage endangers the child or children.
This approach aligns with existing Title 30 case law, the recently adopted constitutional amendment partially decriminalizing non-medicinal marijuana usage, N.J. Const. art. IV, § 7, ¶ 13, and related implementing statutes, as well as child welfare cases from other states.
In this case, the parents each admitted they had used marijuana on several occasions while caring for their preschool child, and the Division presented unrebutted expert testimony explaining the risks of harm associated with that conduct. Beyond that, the trial judge had substantial other evidence to further support his finding that all four prongs for termination under N.J.S.A. 30:4C-15.1(a) had been proven by clear and convincing evidence. Hence, the judgment is affirmed.
