NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS.
C.H. AND M.B. IN THE MATTER OF J.B.
A-5642-09T2
The trial judge sua sponte dismissed a DYFS abuse or
neglect complaint in the interim between the close of its
presentation of evidence and the scheduled return date for
defense witness testimony, without notice to the parties or an
opportunity to be heard. The case arose out of the ingestion of
about thirty prescription pills by a toddler while he was solely
supervised by his mother C.H., resulting in a severe medication
overdose, hospitalization, and, fortunately, full recovery.
DYFS and Law Guardian argue the sua sponte dismissal
deprived them of due process rights, was based on an improper
legal analysis, and was erroneous, as DYFS had established a
prima facie case. We agree that the court erred procedurally
and substantively with respect to C.H., and reverse and remand
for continuation of the fact-finding hearing. We affirm
dismissal of the complaint against the father as it was entered
following an oral motion and argument by counsel.
We also hold the court did not properly consider the policy
considerations of G.S. v. Dept of Human Services and its progeny
and focus on the risks posed, the harm to the child, and whether
the harm could have been prevented by a cautionary act on C.H.'s
part. The court also failed to apply the correct standard for
involuntary dismissal under Rule 4:37-2(b), and improperly
concluded that DYFS failed to present a prima facie case of
abuse and neglect as to C.H.
08-23-12
