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Sunday, February 28, 2016

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY VS. K.M. I/M/O G.G. A-3662-13T3

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY VS. K.M. I/M/O G.G.
A-3662-13T3
The biological mother of an infant born showing signs of withdrawal from opioid addiction appeals from the Family Part’s
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finding that she neglected her child under N.J.S.A. 9:6- 8.21(c)(4)(a). We affirm. Defendant was addicted to opioid- based pain medication and illicitly obtained the opioid analog Suboxone to treat her withdrawal symptoms during her pregnancy. She waited three days after she gave birth to disclose this to the neonatal staff monitoring the infant. This delayed the treatment that could have alleviated the child’s suffering.
We hold defendant's conduct was grossly negligent under G.S. v. Dep't of Human Servs., 157 N.J. 161 (1999). Defendant neglected her infant son when she failed to disclose key medical information in a timely manner to the neonatal staff after the child was born. These facts are distinguishable from the approach endorsed by the Court in New Jersey Division of Child Protection & Permanency v. Y.N., 220 N.J. 165 (2014).