Opinion
DOCKET NO. A-1772-14T3
02-02-2016
NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. R.J., Defendant-Appellant. IN THE MATTER OF J.J., Minor.
Joseph E. Krakora, Public Defender, attorney for appellant (Kimmo Z.H. Abbasi, Designated Counsel, on the brief). John J. Hoffman, Acting Attorney General, attorney for respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; Alichia Washington, Deputy Attorney General, on the brief). Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor (Lisa M. Black, Designated Counsel, on the brief).
RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Before Judges Reisner and Hoffman. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FN-12-260-13. Joseph E. Krakora, Public Defender, attorney for appellant (Kimmo Z.H. Abbasi, Designated Counsel, on the brief). John J. Hoffman, Acting Attorney General, attorney for respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; Alichia Washington, Deputy Attorney General, on the brief). Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor (Lisa M. Black, Designated Counsel, on the brief). PER CURIAM
Defendant R.J. appeals from a May 27, 2014 fact finding order determining that she abused or neglected her infant son, J.J. See N.J.S.A. 9:6-8.21(c)(4)(b). We affirm substantially for the reasons stated by Judge Anna Viscomi in her written opinion filed with the May 27 order.
We briefly recount the most pertinent facts, which the Division of Child Protection and Permanency (Division) established through legally competent evidence. On December 13, 2012, defendant ingested non-prescribed Xanax while her five-month-old son was in her care. She then got into an argument with her boyfriend and threw a chair at him. The baby was lying on a bed between defendant and the boyfriend. Fortunately, the chair did not hit the baby. Defendant then drove off in her car with the child sitting unrestrained on her lap. The police stopped defendant's car and she was taken to the hospital, where a Division investigator interviewed her. The investigator observed that defendant was disheveled, had slurred speech, and appeared to be having difficulty staying awake. The hospital's records reflected a diagnosis of overdose on benzodiazepine (Xanax).
Defendant contends that "there was insufficient evidence before the court to prove that J.J. was an abused or neglected child." On this record, we cannot agree. The evidence demonstrated by a preponderance that defendant was grossly negligent and placed the child at risk of serious harm. See N.J. Div. of Child Prot. & Permanency v. E.D.-O., 223 N.J. 166, 178-79 (2015); N.J. Div. of Child Prot. & Permanency v. J.A., 436 N.J. Super. 61, 69-70 (App. Div. 2014). Defendant's appellate contentions are without sufficient merit to warrant further discussion. R. 2:11-3(e)(1)(E).
Affirmed. I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION