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New Jersey Division of Youth and Family Services v. I.C

January 27, 2012

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES, PLAINTIFF-RESPONDENT,
v.
I.C.,
DEFENDANT-APPELLANT. IN THE MATTER OF THE GUARDIANSHIP OF S.A.A.C., MINOR-RESPONDENT.



On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Union County, Docket No. FG-20-54-09.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 14, 2011

Before Judges Fuentes, Graves and Koblitz.

I.C., mother of S.A.A.C. (fictitiously, Stuart), appeals the February 8, 2011 order terminating her parental rights. After reviewing the record in light of the contentions advanced on appeal, we affirm substantially for the reasons stated by Judge James Hely in his written opinion. The findings are "based on clear and convincing evidence supported by the record," and the legal conclusions are sound. N.J. Div. of Youth & Family Servs. v. P.P., 180 N.J. 494, 511 (2004).

I.C. gave birth to Stuart in March 2007.*fn1 The Division of Youth and Family Services (Division) first investigated the family in October 2007, after receiving a report from a caseworker in New York that I.C. was smoking marijuana and breastfeeding Stuart while high. It was also reported that I.C. was prostituting herself and left Stuart in the care of others when doing so. The New York caseworker indicated that I.C. had a history of depression, for which she had been under the care of a psychiatrist, but that she stopped treatment and ceased taking her depression medication when she became pregnant with Stuart.

The New Jersey Division caseworker spoke with I.C. and told her about the allegations, at which time I.C. admitted to her involvement in prostitution.

In the beginning of November 2007, I.C.'s cousin, T.W., informed the Division that I.C. had been arrested for prostitution in New York City. During the same call, T.W. indicated that the Division could rely on her as a resource parent for Stuart.

The Division subsequently contacted I.C. on her cell phone.

I.C. admitted to her arrest. The Division thereafter assisted

I.C. in obtaining residency at the YMCA in Plainfield and the investigation ended.

A few weeks later, I.C. was terminated from the YMCA's emergency housing program for being defiant to staff and refusing to comply with the program's rules and regulations. As a result, the Division performed an emergency removal of Stuart and placed him in a resource home. The ...


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