New Jersey Division Of Youth And Family Services v. P.W.R.

11 A.3d 844 (2011)

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Nature of the Case

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Facts

Alice was born on May 17, 1991. From 1993 to 2001, Alice's paternal grandfather had custody of her while her father, Charlie, pursued substance abuse treatment and rehabilitation. Alice returned to live with Charlie about 2001. Charlie married Pam sometime thereafter. The grandfather remained involved in Alice's life, but eventually, a strained father-son relationship caused Charlie to strictly limit Alice's contact with her grandfather. Alice was sixteen. The grandfather called DYFS after Alice told him that she planned to run away because Charlie and Pam were taking the earnings from her part-time job, and Pam was slapping her around. Charlie admitted to DYFS that Pam had slapped Alice two years earlier because she had skipped school and that Pam applied some of Alice's earnings to the cable bill. Alice was required to contribute $50 per month for cable and phone, but claimed that Alice's other earnings were 'banked.' Alice ran away. DYFS escorted Alice home, and Pam and Charlie repeated their concerns about Alice's lying, sexual activity, and immaturity. The DYFS worker noticed that the home was cold and messy. DYFS effected Alice's removal from Pam and Charlie's home because of the lack of heat and because Alice was fearful of returning home. Charlie and Pam informed DYFS that the home was cold because their oil tank was in need of repair. Both Charlie and Pam were unemployed, and they were using space heaters in critical rooms. DFYS filed a complaint for custody and an Order to Show Cause. DFYS told the court that the physical abuse allegations were unfounded, and the hits did not rise to the level of abuse. The court found the removal appropriate due to the lack of central heating, history of beatings, and Alice's fear of returning home. Pam appealed.