RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-1817-19T3 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. D.O.M., Defendant, and D.I., Defendant-Appellant, _______________________________ IN THE MATTER OF THE GUARDIANSHIP OF X.A.I., a minor. _______________________________ Submitted November 18, 2020 – Decided December 16, 2020 Before Judge Sumners and Geiger. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FG-07-0121-19. Joseph E. Krakora, Public Defender, attorney for appellant (Lauren Derasmo, Designated Counsel, on the briefs). Gurbir S. Grewal, Attorney General, attorney for respondent (Sookie Bae, Assistant Attorney General, of counsel; Elizabeth S. Sherwood, Deputy Attorney General, on the brief). Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor (Meredith A. Pollock, Deputy Public Defender, of counsel; Louise M. Cho, Assistant Deputy Public Defender, of counsel and on the brief). PER CURIAM Following a one-day trial on December 17, 2019, the Family Court entered an order that day terminating the parental rights of D.O.M. (Deena)1 and D.I. (Dave) to their almost five-year-old daughter X.A.I. (Xena). Only Dave appeals that order. We affirm substantially for the reasons stated by the trial judge in his thirty-eight-page oral opinion issued with the order. We will not recite in detail the history of the Division's involvement with Dave. We incorporate by reference the factual findings and legal conclusions detailed in the judge's opinion. Thus, a summary will suffice. 1 We use pseudonyms or initials to protect the privacy of the child and parents. R. 1:38-3(d)(12). Using first names for ease of reference, we mean no disrespect. A-1817-19T3 2 On April 20, 2018, two-year-old Xena was at the home of her babysitter, who was being investigated by the Division of Child Protection and Permanency (the Division) regarding an unrelated matter. 2 Since her birth, Xena was cared for by the babysitter while the parents worked long hours. The babysitter only spoke Twi, a Ghanaian dialect, and a second babysitter who was at the house when the Division was there was unable to disclose Xena's name or Xena's mother's name to the Division investigators. Neither Deena nor Dave spoke Twi. Unable to contact the parents, the Division therefore took custody of Xena under a Dodd removal.3 Xena, who has cerebral palsy, showed "no visible signs of abuse or neglect." (Da67; Da206). But the resource parent to whom Xena was taken noted a pungent "odor" emanating from Xena. An exam at St. Barnabas Hospital revealed that an object, which could not be identified, was stuck in her nose, and had caused an odorous infection. The infection was cured with antibiotics. 2 The investigation involved a child who died in the babysitter's care. The cause of the ...
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