### RECORD IMPOUNDED

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO . A

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NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaint iff

- Respondent,

v. S.A., Defendant

- Appellant,
and C.W., Defendant.

__________________________ IN THE MATTER OF THE GUARDIANSHIP OF An.A and Al.A., Minors.

__________________________

Submitted February 3, 2020

– Decided March 3, 2020 Befo re Judges Messano, Ostrer and Vernoia.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not " constitute precedent or be binding upon any court.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 i s binding only on the parties in the case and its use in other cases is limited. R. 1:36

- 3.2 A

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- 18T3 On appeal from the Superior Court of New Jersey, Chancery Division, Family Part , Hudson County, Docket No. FG

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- 0 230

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. Joseph E. Krakora, Public Defender, attorney for appellant S.A. (Robyn A. Veasey, Deputy Publ ic Defender, of counsel ; Louis W. Skinner, Designated Counsel, on the brief s ). Gurbir S. Grewal, Attorney General, attorney for respondent (Donna Sue Arons, Assistant Attorney General, of counsel; Ellen L. Buckwalter, Deputy Attorney General, on the brief ). Joseph E. Krakora, Public Defender, Law Guardian, attorney for minors (Margo E. K. Hirsch, Des ignated Counsel, on the brief).
PER CURIAM Defendant S.A. (Sarah) 1 appeals from a Family Part order terminating her parental rights to her two daughters, An .A . (Andrea), born in August 2013, and Al.A. (Amy), born in March 2015. The children ' s biological father, C.W., executed an identified surrender of his parental rights to his mother, D.C., who has served as the children ' s resource parent since their March 2 017 removal from Sarah ' s care and who intends to adopt the children.

1 We employ initials and pseudonyms to protect the privacy of the children and for ease of reference. R. 1:38

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Sarah contends the New Jersey Division of Child Protection and Permanency (Division) failed to present sufficient evidence clearly and convincingly establishing the four prongs of the b es t interests of the child standard. See N.J.S.A. 30:4C

- 15.1(a). We have reviewed the record , agree with the Division and Law Guardian there is substantial credible evidence supporting
the court ' s determination that termination of Sarah ' s parental rights i s in the children ' s best interest s , and affirm substantially for the reasons set forth in
Ju dge Radames Velazquez, Jr. ' s thorough written opinion. During the guardianship trial, the Division presented evidence and testimony from D.C.; Division caseworker , Jasmine Soto; Dr. Elizabeth Stillwell, Psy.D., who was qualified as an expert in forensic ps ychology; and
Dr. Samiris Sostre, M.D., who was qualified as an expert in forensic psychiatry. Sarah did not attend the trial or present any witnesses or evidenc e. Judge Velazquez made detailed factual findings, addressed each element of the best intere st s standard set forth in N.J.S.A. 30:4C

- 15.1(a), and concluded the Division sustained its burden by presenting clear and convincing evidence it was in the children ' s best interests to terminate Sarah ' s parental rights. We find sufficient support for, and presume the parties ' familiarity with, Judge
V ela zquez ' s findings, which we briefly summarize.4 A

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Judge Velazquez found the Division " presented substantial and persua si ve evidence that the children ' s he alth and development ha s been and w ill continue to be endangered " by the parental relationship with Sarah, due to her " untreated

severe mental illness, parental neglect, and housing instability, " and that the children h ad suffered, and would continue to s uffer harm , as a result of Sarah ' s inability to parent and her lack of stable housing. The court noted Dr

. Stillwell ' s and Dr

. Sostre ' s unrebutted testimony Sarah suffered from schizoaffective disorder, bipolar type, and h er refusal to comply with recommen dations for treatment and prescriptions for medication rendered her unable to safely parent the children. The court also found Sarah suffered from cognitive impairments that rendered her unable " to understand how her

ac ti ons demonstrated poor judgment and parenting skills , " and her lack of insight into her mental health issues posed additional risks of harm to the children because " she [ does not ] understand why she should be concerned " about the treatment of her mental h ea lth issues. The judge determined Sarah ' s failure to comply with treatment and refusal to take medications prescribed to ameliorate the effects of her significant mental health i ssues placed the children
at " substantial risk of harm " and " ensures that [s he ] will be increasingly unable to p rovide a stable and healthy home for her children in the future. " The court5 A

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relied on Dr. Sostre ' s testimony that, without medication, there was a 100 percent chance Sarah would experience additional psychotic episodes th at " will increase in severity and frequency. " Judge Velazquez further found the Division presented clear and convincing evidence Sarah is unable and unwilling to address the harm to the children. Relying on the unrebutted expert testimony, the judge fou nd Sarah 's parenting deficits " are inextricably connected to her chronic mental illness, and her refusal to treat her schizoaffective disorder through psychotropic medication " and her " inability to understand and appreciate her symptoms[,] cause[] her to l ac k the mot ivation needed to address and treat her mental illness. " Relying on Dr. Stillwell ' s testimony, Judge Vela z quez further determined that the children have a strong and secure bond with D.C., and they will suffer
additional harm if the permanency th at adopti on by D.C. will provide is further delayed. The judge also detailed the services the Division offered and provided Sarah to assist her in addressing the circumstances leading to the children ' s removal and placement with D.C., and he considered t he reasona bleness of the Division ' s efforts to provide services " in the context of [Sarah ' s] un willingness
to address her mental illness , which was a necessary step towards stabilization6 A

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and reunification. " Judge Vela z quez noted the Division made referral s for Sara h to a parent mentor program, parenting skills classes, homemaker services, individual therapy, and for psychological, psychiatric, and intellectual assessments and evaluations. The Division further provided housing assistance to facilitate Sara h' s transi tion from shelters and health care facilities to her own apartment, and it offered services " focused on stabilizing [her] mental health and addressing her parenting skills. " As noted by the court, at times Sarah utilized the services and appeared t o mak e progress toward s addressing the issues preventing her from providing the children with a safe and secure home. However, Sarah ' s consistent inability and unwillingness to comply with services and address her mental health issues through treatment an d tak ing prescribed medications rendered her unable to parent her children. The court also found termination of Sarah ' s parental rights would not do more harm than good based on Dr. Stillwell ' s unrebutted psychological and bonding evaluations and testimo ny ; S arah ' s unwillingness to address her mental health issues ; and D.C. ' s willingness to provide permanency through adoption. Without contradiction, Dr. Stillwell testified that a break in the bond between the children and D.C. " would pose a far greater p ot ent ial for harm than a break7 A

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from " Sarah and would cause " significant and enduring harm " to the children's emotional and behavioral development. The court accepted Dr. Stillwell ' s testimony that the children share a positive, but inconsistent and insecu re , bond with Sarah, and they enjoy a positive, secure, and strong bond with D.C., who the children view as their psychological parent and who provides nurture and guidance. The court also found S arah ' s mental health issues, and her unwillingness and inab il ity to effectively address them, make it unlikely she will be able to safely parent the children at any time in the foreseeable future. Following the court ' s entry of the October 31, 2018 judgmen t of guardianship, Sarah appealed. She offers the followin g arguments for our consideration:

[ POINT I ] THE [TRIAL] COURT ERRED IN ITS CONCLUSION THAT TERMINATION OF PARENTAL RIGHTS IS IN THE BEST INTERESTS OF THE CHILDREN UNDER N.J.S.A. 30:4C

15.1[(a)].
I. THE COURT . . . ERRED IN CONCLUDING THAT ANDREA AND AM Y WERE HARMED BY [ SARAH ][.] II. THE COURT

. . . ERRED IN CONCLUDING THAT [ SARAH ] IS UNWILLING OR UNABLE TO ELIMINATE THE ALLEGED HARM FACING8 A

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. ] III. THE COURT

. . . ERRED IN CONCLUDING THAT [THE DIVIS IO N] EXERCISED REASONABLE EFFORTS TO PROVIDE SERVICES TO HELP [ SARAH ] TO CORRECT THE CIRCUMSTANCES THAT LED TO PLACEMENT OUTSIDE THE HOME [

. ] IV. THE COURT ' S CONCLUSION THAT TERMINATION OF PA RENTAL RIGHTS WILL NOT DO MORE HARM THAN GOOD IS ERRONEOUS [

. ] Ou r review of a trial court order terminating parental rights is limited. N.J. Div. of Youth & Family Servs. v. G.L. , 191 N.J. 596, 605 (2007). " A Family Part ' s decision to terminate parent al rights will not be disturbed when there is substantial credible ev idence in the record to support the court ' s findings. " N.J. Div. of Child Prot. & Permanency v. K.T.D. , 439 N.J. Super. 363, 368 (App. Div. 2015) (citing N.J. Div. of Youth & Family Serv s. v. F.M. , 211 N.J. 420, 448 (2012)). " We accord deference to fac tf indings of the family court because it has the superior ability to gauge the credibility of the witnesses who testify before it and because it possesses special expertise in matters relat ed to the family. " F.M. , 211 N.J. at 448 (citing Cesare v. Cesare , 1 54 N.J. 394, 413 (1998)). This enhanced deference is particularly appropriate where the court ' s findings are founded upon the credibility of the witnesses ' testimony. N.J. Div.9 A

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of Youth & Family Servs. v. H.B. , 375 N.J. Super. 148, 172 (App. Div. 2005) ( citing Rova Farms Resort, Inc. v. Inv ' rs Ins. Co. of Am. , 65 N.J. 474, 484 (1974)).

" Only when the trial court ' s conclusions are so ' clearly mistaken ' or ' wide of the ma rk ' should an appellate court intervene and make its own findings to
ensure that ther e is not a denial of justice. " N.J. Div. of Youth & Family Servs.
v. E.P. , 196 N.J. 88, 104 (2008) (quoting G.L. , 191 N.J. at 605). No deference is given to the trial co urt ' s " interpretation of the law, " which we review de novo.
D.W. v. R.W. , 212 N.J. 2 32 , 245

- 46 (2012). A parent has a constitutionally protected right " to enjoy a relationship with his or her child. " In re Guardianship of K.H.O. , 161 N.J. 337, 346 (1999 ). That right, however, " is not absolute " and is limited " by the State ' s parens patri ae responsibility to protect children whose vulnerable lives or psychological well

being may have been harmed or may be seriously endangered by a neglectful or abusive pa rent. " F.M. , 211 N.J. at 447 (citing E.P. , 196 N.J. at 102). A parent ' s interest mus t, at times, yield to the State ' s obligation to protect children from harm. See N.J. Div. of Youth & Family Servs. v. G.M. , 198 N.J. 382, 397 (2009).10 A

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When terminating p arental rights, the court must consider the " best interests of the child[ren]. " K.H.O. , 161 N.J. at 347. The Division ' s petition to terminate parental rights may only be granted if the following four prongs enumerated in N.J.S.A. 30:4C

- 15.1(a) are establ ished by clear and convincing evidence: (1) The child ' s safety, health, or development ha s

been or will continue to be endangered by the parental relationship; (2) The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent plac em ent will add to the harm. Such harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or ps ychological harm to the child; (3) The division has made reasonable efforts to provide s er vices to help the parent correct the circumstances which led to the child ' s placement outside the home and the court has considered alternatives to termination of pa rental rights; and (4) Termination of parental rights will not do more harm than good. [N .J.S.A. 30:4C

- 15.1(a).]

" The four criteria enumerated in the best interests standard are not discrete and separate; they relate to and overlap with one another to p rovide a11 A

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comprehensive standard that identifies a child ' s best interests. " K.H.O. , 161 N .J

. at 348. " [T]he cornerstone of the inquiry [under N.J.S.A. 30:4C

- 15.1(a)] is not whether the biological parents are fit but whether they can cease causing their ch ild harm. " In re Guardianship of J.C. , 129 N.J. 1, 10 (1992) (citing N.J. Div. of Youth & Family Servs. v. A.W. , 103 N.J. 591, 607 (1986)). Sarah argues the court erred by terminating her parental rights because the Division failed to present sufficient evidence clearly and convincingly establishing each prong of the best i nterests standard. W e disagree. Judge Velazquez conducted the required fact

- sensitive analysis of the statutory factors,

see K.H.O. , 161 N.J. at 348, and the record support s his determination that Sarah ' s unwillingness and inability to address her significant and debilitat in g mental health issues

— by failing to comply with treatment recommendations and take prescribed medications

— renders her incapable of parenting Andrea and Amy ; caring for them ; addressing their needs ; and providing for their safety, health, and development

. The court accepted the expert testimony Sarah lacked both the ability and willingness to address the issues that rendered her unable to safely parent h er children, and the testimony was unchallenged by any competent evidence. We defer to Judge Velazquez ' s findings because they are supported by substantial12 A

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credible evidence, and his factual findings amply support his conclusion the Division satisfied eac h prong of the best interests standard with clear and convincing evidence. See E.P. , 196 N.J. at 104 ( " W e will not disturb the family
court ' s decision to terminate parental rights when there is substantial credible evidence in the record to support the co urt ' s findings. " ). We add only the following brief comments.
W e reject Sarah ' s claim the evidence was in sufficient to support the court ' s finding the children suffered harm or were at risk of harm under prongs one and two of the best interests standar d. " Serious and lasting emotional or psychological harm to children as the result of the action or inactio n of their biological parents can constitute injury sufficient to authorize the termination of parental rights. " In re Guardianship of K.L.F. , 129 N .J. 32, 44 (1992). The evidence established Sarah failed and refused to participate in treatment and take t he prescribed medications required to address her mental health issues, and the concomitant delays in her ability to parent Andrea and Amy and prov ide them with a safe and secure home caused the children emotional and psychological harm and placed them at ri sk of future harm. That evidence support s the court ' s findings under the first and second prongs of the best interests standard. See , e.g. , F.M

. , 211 N.J. at 450

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mental illness that threatens harm to a child may disqualify a pa rent from raising the child); K.H.O. , 161 N.J. at 353 (stating " the second prong may be met by indications of parental dereliction and irresponsibility, such as the parent ' s continued or recurrent drug abuse, the inability to provide a stable and protect iv e home, [and] the withholding of parental attention and care " ).
W e are not persuaded by Sarah ' s claim the court erred by finding the
Di vision provided reasonable services. " The diligence of [the Division ' s] efforts on behalf of a parent is not measured by their success, " In re Guardianship of
DMH , 161 N.J. 365, 393 (1999) , particularly where the lack of success results from a parent ' s " f ailure to cooperate or follow through. " N.J. Div. of Youth & Family Servs. v. C.S. , 367 N.J. Super. 76, 119 (App. Div. 2 004). The record evidence demonstrates the Division provided reasonable services in light of Sarah's individual needs. Last, Sarah ma kes no showing the court erred by finding the Division sustained its burden of establishing prong four of the best inter es t s standard

. The court recognized Sarah enjoyed a positive bond with Andrea and Amy, but the fourth prong does not require a " showing that no harm will befall the child as a result of the severing of biological ties. " K.H.O. , 161 N.J. at 355. Dr. Stil lw ell ' s bonding evaluations and expert testimony support the court ' s14 A

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conclusion that termination of parental rights would not do more ha rm than good. Any of Sarah ' s arguments we have not expressly addressed are without sufficient merit to warrant discussio n in a written opinion. R. 2:11

- 3(e)(1)(E). Affirmed.