DCPP VS. Y.S., IN THE MATTER OF THE GUARDIANSHIP OF F.S. (FG-02-0063-17, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)


RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0981-18T2 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. Y.S., Defendant-Appellant. ___________________________ IN THE MATTER OF THE GUARDIANSHIP OF F.S., a Minor. ___________________________ Submitted October 3, 2019 – Decided October 23, 2019 Before Judges Fuentes, Mayer and Enright. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Bergen County, Docket No. FG-02-0063-17. Joseph E. Krakora, Public Defender, attorney for appellant (Anastasia P. Winslow, Designated Counsel, on the brief). Gurbir S. Grewal, Attorney General, attorney for respondent (Donna Sue Arons, Assistant Attorney General, of counsel; Peter Damian Alvino, Deputy Attorney General, on the brief). Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor (Linda Vele Alexander, Designated Counsel, on the brief). PER CURIAM Defendant Y.S. appeals from a September 11, 2018 order terminating her parental rights to her son, F.S. (Flynn).1 Defendant contends that the Division of Child Protection and Permanency (Division) failed to prove each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We affirm, substantially for the reasons set forth in Judge William R. DeLorenzo's comprehensive and thoughtful decision. We will not recite in detail the history of the Division's involvement with Flynn and his mother. Instead, we incorporate by reference the factual findings and legal conclusions contained in Judge DeLorenzo's decision. We add the following comments. 1 We refer to the defendant by initials and to the child by a fictitious name, to protect their privacy. R. 1:38-3(d)(12). A-0981-18T2 2 The Division became involved with Y.S. in April 2016, after receiving a referral from a resident at a shelter where Y.S. was staying. Flynn was thirteen days old at the time. The shelter resident complained that Y.S. was not feeding or bathing the baby properly. A Division worker met with Y.S. and Flynn after the referral. The record reflects that during the meeting, the worker saw Y.S. holding Flynn awkwardly, thus constricting his breathing. Additionally, the worker noticed Y.S. did not support Flynn's head while he was nursing. Still, the Division determined Flynn was safe and left the case open for services. Shortly after the initial referral, the Division received another call from staff at the same shelter, raising additional concerns. The caller reported Y.S. was not feeding Flynn properly, sleeping in the same bed as Flynn, even though she had been told this placed the baby at risk, and improperly dressing the infant, despite cold temperatures in the early spring. The Division placed a homemaker at the shelter three days a week to assist Y.S. and also recommended that she submit to a psychological evaluation with Dr. Ada Liberant, a Russian-speaking therapist. After Dr. Liberant observed Y.S. with ...

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