RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court."
Although it is posted on the internet, this opinion is binding only on the
parties in the case and its use in other cases is limited. R.1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-3559-15T2
NEW JERSEY DIVISION OF CHILD
PROTECTION AND PERMANENCY,
Plaintiff-Respondent,
v.
M.G.,
Defendant-Appellant,
and
K.P.,
Defendant.
_____________________________
IN THE MATTER OF S.G.,
a minor.
______________________________
Argued March 13, 2017 – Decided April 18, 2017
Before Judges Haas and Currier.
On appeal from the Superior Court of New
Jersey, Chancery Division, Family Part,
Middlesex County, Docket No. FN-12-0129-16.
Ryan T. Clark, Designated Counsel, argued the
cause for appellant (Joseph E. Krakora, Public
Defender, attorney; Mr. Clark, on the briefs).
Michael A. Thompson, Deputy Attorney General,
argued the cause for respondent (Christopher
S. Porrino, Attorney General, attorney;
Melissa Dutton Schaffer, Assistant Attorney
General, of counsel; Mr. Thompson, on the
brief).
David Valentin, Assistant Deputy Public
Defender, argued the cause for minor (Joseph
E. Krakora, Public Defender, Law Guardian,
attorney; Mr. Valentin, on the brief).
PER CURIAM
Defendant M.G.1 appeals from a March 15, 2016 order,
contending that the Family Part judge erred in finding that he
abused or neglected his five-month-old daughter, S.G. (Sage), by
driving with the child in a motor vehicle after consuming marijuana
and alcohol. In light of the record and applicable principles of
law, we affirm.
On September 26, 2015, defendant brought Sage to a friend's
house at 7 p.m. after taking Sage's mother, K.P., to work.
Defendant left the infant in the care of a female friend whose
name he could not recall, went to a different part of the home,
and proceeded to consume two to three beers and two "hits" of a
marijuana cigarette. At 7:50 p.m., defendant drove with Sage to
a nearby Burger King, where he parked and ate his food while his
1 We use initials and pseudonyms for the purposes of
confidentiality.
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daughter slept in her car seat. A concerned citizen noticed
defendant sitting in his car for an extended period and called the
police. The officer who responded found defendant and Sage sitting
in the parked car; he observed a partially smoked marijuana
cigarette and a small quantity of raw marijuana in the vehicle.
Defendant was arrested and charged with possession of marijuana,
N.J.S.A. 2C:35-10(a)(4), and endangering the welfare of a child,
N.J.S.A. 9:6-3.
Plaintiff, the Division of Child Protection and Permanency
(Division), received a referral and visited defendant's home on
two occasions. The caseworkers noted that the home was "neat and
clean and well furnished," and Sage was "well dressed neat and
clean." Defendant confirmed to the caseworker that he drank at
least two beers and took two "hits" of a joint before driving with
the infant that evening. Defendant further admitted to smoking
marijuana regularly when he lived in California, but indicated
that he had not smoked since moving to New Jersey two years
earlier.
The Division created a Safety Protection Plan with the family,
requiring all of defendant's interactions with his daughter to be
supervised and prohibiting him from driving with her in a vehicle.
The Division filed a verified complaint for the care and
supervision of Sage under both N.J.S.A. 9:6-8.21 and N.J.S.A.
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30:4C-12, which was granted by Judge Barbara C. Stolte, with the
consent of the parties. The judge ordered defendant to complete
a substance abuse program and continue supervised contact with
Sage, acknowledging that defendant had begun complying with the
Division's services prior to the hearing.
Following a fact-finding hearing, the judge rendered an oral
decision on March 15, 2016, finding that defendant "failed to
exercise a minimum degree of care and placed [Sage] at substantial
risk of injury by using marijuana and drinking alcohol then
proceeding to drive with the minor child in a motor vehicle."
Judge Stolte observed that Sage "is a very vulnerable child who
is reliant on her father for her every need."
The judge noted that in the absence of actual harm to the
child, the Division must prove by the preponderance of the evidence
that the child faced an imminent danger of impairment and a
substantial risk of harm due to defendant's conduct. See N.J.S.A.
9:6-8.21(c)(4). In support of her decision, the judge relied on
defendant's admission to the Division that he took Sage to the
home of a "friend's friend" and left his daughter with a woman who
he did not know well. The judge further cited defendant's
admission that he had a previous marijuana addiction and noted
that a partially smoked marijuana cigarette along with raw
marijuana were confiscated from his car. The judge also noted
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that the officer who arrested defendant observed the odor of burnt
marijuana emanating from the vehicle and she concluded:
This to me is an absolute clear case by the
preponderance of the evidence, of imminent
risk. He's driving after smoking marijuana
and drinking two to three beers on the road
with his infant child in the backseat.
Absolutely a risk to this child . . . . [T]he
Court will make a finding by the preponderance
of the evidence that . . . that failure to
exercise a minimum degree of care did in fact
pose a risk of substantial injury to the
child.
Under the totality of the circumstances, the judge determined that
defendant's "failure to exercise a minimum degree of care" amounted
to gross negligence and warranted a finding that defendant abused
or neglected his daughter.
Following a dispositional hearing, the judge determined there
was no longer a need for continuing litigation and dismissed the
matter.
On appeal, defendant contends that the record lacks
substantial credible evidence to support a finding of abuse and
neglect.2
On review, we accord deference to the family court's fact-
findings and will uphold a determination of abuse and neglect if
it is supported by adequate, substantial and credible evidence in
2 The Law Guardian joins the Division in opposing the appeal.
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the record. N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J.
261, 279 (2007). The trial judge must articulate, with
particularity, the facts upon which a determination of abuse or
neglect is made. N.J. Div. of Youth & Family Servs. v. J.Y., 352
N.J. Super. 245, 262 (App. Div. 2002).
Defendant asserts that the risk of harm to Sage was
speculative, and there was no correlation between his actions that
evening and the alleged risk of harm to Sage. We disagree.
Judge Stolte made detailed factual findings based on
defendant's admissions to the Division and the information from
the arresting police officers in her consideration of whether
defendant abused or neglected his child. We have previously
considered a similar situation in New Jersey Div. of Child
Protection and Permanency v. J.A., 436 N.J. Super. 61 (App. Div.
2014) and determined a parent is held to what "an ordinary
reasonable person would understand" in considering whether a
situation "poses dangerous risks" and whether the parent acted
"without regard for the potentially serious consequences." Id.
at 68-69.
Here, defendant admitted to consuming two or three beers and
using marijuana in a fifty-minute timespan and then proceeded to
drive with his daughter in the car. We are satisfied that the
judge considered the totality of the circumstances and applied the
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correct legal standard in issuing a well-reasoned decision.
Accordingly, we find that the judge's decision was supported by
substantial credible evidence in the record, and therefore, affirm
substantially for the reasons expressed in her oral opinion.
Affirmed.
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