Important Abuse Cases

In re Cope, 106 N.J.Super. 336 (App.Div.1969) – establishes the conditions required in order to admit hearsay evidence through caseworker testimony in a DYFS proceeding.

Matter of Yaccarino, 117 N.J. 175, 196 (1989) – bare conclusions/opinions as to a parent’s alleged propensity to commit acts of abuse or neglect are impermissible as “net opinions”.

G.S. v. Department of Human Services, 157 N.J. 161 (1999) – establishes the negligence standard for DYFS proceedings.  Simple negligence is not enough.  “A gross negligence standard should be employed in determining whether the parent or guardian has failed to exercise a ‘minimum degree of care’”.

New Jersey Department of Youth and Family Services v. J.L., Appellate Docket Number A-1103-08T2 – reiterates the G.S. negligence standard and provides that the Division must prove the parent’s WILLFUL and WANTON disregard or creation of a KNOWN risk.

In re D.T., 229 N.J.Super. 509 (App.Div.1988) – Proof of the injuries sustained by the child or of the condition of the child of such a nature as would ordinarily not be sustained or exist except by reason of the acts or omissions of the parent are prima facie evidence that the child is an abused or neglected child.  The parents then must prove themselves non-culpable for the abuse.

New Jersey Div. of Youth and Family Services v. R.G. 397 N.J.Super. 439 (Apop.Div.2008) – if the non-accused parent is available and willing to take the child, the Division should place the child with that parent without the need for a lengthy investigation

New Jersey Div. of Youth and Family Services v. G.M., 398 N.J.Super. 21 (App.Div.2008) – at the conclusion of the Division’s case, if the accused parent has been found not to have committed the alleged acts, or has addressed the issues prompting DYFS involvement, the parent is entitled to a hearing to determine whether custody should remain with the non-accused parent or should revert to the exonerated parent.

One thought on “Important Abuse Cases

  1. I was present at one of your lectures in Atlantic City. I was fascinated by your knowledge of this law. Absolutely loved your lecture.

    Let me know when you will be speaking or giving a seminar again. Thank you
    Anamaria Bercik amberciklaw@hotmail.com

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