New Jersey Division Of Youth And Family Services v. v.M.

974 A.2d 448 (2009)

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Nature of the Case

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Facts

V.M. and B.G. are the biological parents of J.M.G. During her hospitalization in anticipation of J.M.G.'s delivery, V.M. demonstrated combative and erratic behavior including a refusal to consent to a cesarean section. The medical opinion was that the fetus demonstrated signs of distress and that the procedure was necessary to avoid imminent danger to the fetus. V.M. refused. The hospital staff requested an emergency psychiatric evaluation to determine V.M.'s competency. Dr. Devendra Kurani spoke to V.M. for approximately one hour. While Dr. Kurani was there, the anesthesiologist was able to administer an epidural. V.M. informed Dr. Kurani that she had a psychiatric history and had been on medication prior to getting pregnant. When Dr. Mansuria stressed the need for V.M. to consent to a c-section, V.M. stated that she understood the risks, but she did not want the procedure. Dr. Kurani concluded that V.M. was not psychotic and had the capacity for informed consent with regard to the c-section. At no time did anyone seek judicial intervention or the appointment of a special medical guardian. The staff requested a second psychiatric opinion from Dr. Jacob Jacoby. Before Dr. Jacoby's evaluation was completed, V.M. gave birth vaginally to J.M.G. without incident. Dr. Jacoby consulted V.M.'s prior psychiatrist, Dr. Ronnie Lee Seltzer. Dr. Jacoby concluded that V.M.'s and B.G.'s ability to parent the child 'needs to be more fully evaluated by state social services.' J.M.G. was in good medical condition upon her vaginal delivery. No drugs or alcohol were detected in her blood or urine. Caseworker Heather Frommer immediately went to the hospital, interviewed staff, and spoke to V.M. and B.G. Frommer informed V.M. and B.G. that once J.M.G. was medically cleared for discharge, she would not be going home with them. V.M. became upset, started yelling, and called the police. Frommer told B.G. and V.M. that there would be a court hearing on the matter on April 20, 2006. On the morning of April 20, Frommer phoned the parents to remind them again of the hearing. B.G. answered the phone but denied that he was B.G. and denied knowing Frommer. He insisted he did not know what she was talking about with regard to the court proceeding. When Frommer immediately attempted to call back with her supervisor on the line, no one answered the telephone. Neither V.M. nor B.G. appeared at the April 20 hearing. J.M.G. was discharged from the hospital on April 24, 2006, and placed in foster care. Another hearing followed on May 9, 2006. After taking evidence, some very contradictory to the facts, the judge believed that J.M.G. was in imminent danger. he did not base his finding solely on V.M.'s reluctance to consent to a c-section. He commented that V.M. appeared to care about having a healthy baby; nevertheless, he determined that she was 'negligent' in not acceding to the doctors' requests and found that J.M.G. was an abused or neglected child under N.J.S.A. 9:6-8.21(c)(4). The judge rejected B.G. as a custodial parent. Dr. Vivian Chern Shnaidman performed a psychiatric evaluation of V.M. and B.G. for DYFS. The doctor concluded that V.M. suffers from chronic paranoid schizophrenia and that her prognosis for improvement is poor without psychiatric treatment. Dr. Shnaidman stated that B.G. also suffers from psychosis. She described his diagnosis as 'folie a deux,' a rare condition in which one person subscribes to the psychoses and paranoid delusions of another. She explained that V.M. and B.G. function in a very paranoid and secretive way, with each person's paranoia supporting the other's. Dr. Shnaidman concluded that J.M.G. would not be safe in V.M. and B.G.'s care. Dr. Marc Cantillon stated that B.G. was anxious and distraught over DYFS's removal of his daughter, but he had no mental disorder of any kind. He concluded that B.G. would be a fit parent for J.M.G. He also believed that V.M. was a suitable and fit parent. He observed that her bizarre behavior at the hospital could have been caused by oxygen deprivation and that she expressed a willingness to obtain ongoing psychiatric care. He concluded that it would be safe to return J.M.G. to her parents' care immediately. The judge held it was not safe to return J.M.G. The trial judge found that J.M.G. was an abused and neglected child due in part to her parents' failure to cooperate with medical personnel at the time of her birth. The judge approved DYFS's plan for the termination of parental rights and foster family adoption. V.M and B.G. appealed.