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Division of Child Protection & Permanency v. J.S.

Superior Court of New Jersey, Appellate Division

June 27, 2013

DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent,
v.
J.S., Defendant-Respondent, and T.S., Defendant-Appellant. IN THE MATTER OF A.S. and D.S., Minors.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 29, 2013.

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FN-02-120-11.

Ryan T. Clark, Designated Counsel, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Mr. Clark, on the brief).

Jody A. Carbone, Deputy Attorney General, argued the cause for respondent Division of Child Protection and Permanency (Jeffrey S. Chiesa, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Carbone, on the brief).

Olivia Belfatto Crisp, Assistant Deputy Public Defender, argued the cause for minors (Joseph E. Krakora, Public Defender, Law Guardian, attorney; Ms. Crisp, on the brief).

J.S., respondent pro se.

Before Judges Yannotti and Hoffman.

PER CURIAM

T.S. appeals from an order entered by the Family Part on March 22, 2012, which terminated this action brought by the Division of Child Protection and Permanency (Division)[1] for the care and supervision of two minor children, A.S. and D.S. We affirm.

A.S. was born in July 1995, and D.S. was born in October 1998. T.S. is the children's mother, and J.S. is their father. In January 2010, the Division learned that T.S. had been arrested on November 9, 2009, after the police received a report that T.S. was driving while intoxicated (DWI) with A.S. and another minor in the car. T.S. was charged with DWI and endangering the welfare of the children.

At the time the Division received the report, A.S. and D.S. were living with their parents. A caseworker investigated the matter and learned that T.S. had a history of alcohol abuse, had been diagnosed as clinically depressed, and suffered from an eating disorder. The caseworker also learned that T.S. was undergoing treatment for her alcohol abuse and the eating disorder.

In February 2010, J.S. contacted the caseworker and advised that T.S. was still in treatment but was calling home and harassing him and the children. He said that T.S. was scheduled to be discharged from a treatment facility and the children were frightened that T.S. would return home.

The Division's caseworker met with T.S. on February 2, 2010. T.S. acknowledged that she had a "serious problem" with alcohol. She entered treatment in December 2009 and claimed she did not consume alcohol for a year. T.S. admitted that on November 9, 2009, she drove her car while under the influence of alcohol with A.S. and another minor in the car. She said she consumed alcohol two or three times a week, and at times drank to the point of intoxication in the children's presence.

The Division determined that the allegations of neglect had been substantiated. T.S. informed the Division she was going to be released from treatment shortly. She said that she wanted to return home to care for the children. She signed a case plan in which she agreed to provide the ...


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