RECORD IMPOUNDED

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0934-16T1

A-0935-16T1

NEW JERSEY DIVISION OF CHILD

PROTECTION AND PERMANENCY,

Plaintiff-Respondent,

v. 

N.C. and R.S.,

Defendants-Appellants.

____________________________________

IN THE MATTER OF THE GUARDIANSHIP 

OF Q.C. AND M.S., minors.

____________________________________

Submitted October 18, 2017 – Decided 

Before Judges Fuentes, Koblitz, and Suter.

On appeal from Superior Court of New Jersey, 

Chancery Division, Family Part, Passaic 

County, Docket No. FG-16-0068-15.

Joseph E. Krakora, Public Defender, attorney 

for appellant N.C. (Jennifer M. Kurtz, 

Designated Counsel, on the brief).

Joseph E. Krakora, Public Defender, attorney 

for appellant R.S. (Richard Sparaco, 

Designated Counsel, on the brief).

Christopher S. Porrino, Attorney General, 

attorney for respondent (Andrea M. Silkowitz, 

NOT FOR PUBLICATION WITHOUT THE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.

December 5, 2017
2 A-0934-16T1

 

Assistant Attorney General, of counsel; 

Melissa Medoway, Deputy Attorney General, on 

the brief).

Joseph E. Krakora, Public Defender, Law 

Guardian, attorney for minors Q.C. and M.S.

(Margo E.K. Hirsch, Designated Counsel, on the 

brief). 

PER CURIAM 

In these consolidated appeals, N.C. (Nancy) and R.S. (Roger)

appeal the October 13, 2016 Family Part order terminating their 

parental rights to two children. We affirm substantially for the 

reasons set forth in Judge Daniel J. Yablonsky's September 19, 

2016 comprehensive and well-reasoned written opinion.

The evidence is set forth in detail in the judge's opinion. 

A summary will suffice here. 

Nancy and Roger are the parents of two children, Q.C.

(Quenton), born in 2008, and M.S. (Mary), born in 2010.1 The most 

recent referral to the Division of Child Protection and Permanency 

(DCPP) occurred on June 3, 2013, when Nancy awoke in bed with her 

then partner to find her two-month old infant, dead, laying between 

them. She acknowledged going to sleep with the child on her chest 

 

1 Nancy and Roger are the parents of other children with other 

partners, but Quenton and Mary are the only children involved in 

this case. 
3 A-0934-16T1

 

after smoking marijuana. Roger was not present or involved with 

the incident. 

Following an emergency removal, the children were placed 

under the care, supervision and custody of the DCPP. The children 

were placed with a relative at first; but this person was not able 

to care for the children long-term. They then were placed with 

the maternal grandmother. Unfortunately, she allowed Nancy, whose

parenting time was to be supervised, and her brother J.C., a 

convicted sex offender, to have unsupervised contact with the 

children. The children were removed in August 2013, and placed 

with K.C. (Katie), a maternal great aunt. They remained in her 

care until February 2014, when Katie, who was a military reservist, 

was deployed. The children were placed temporarily with a resource 

family we refer to here as the Cannons;

2 but that placement was 

extended when Katie was injured while on assignment.

Quenton complained to Ms. Cannon that Katie was abusive to 

him. When Katie came to visit the children, Ms. Cannon saw Katie

hit Mary on the legs for discipline. Ms. Cannon reported this to 

DCPP. After an investigation, DCPP determined that Katie was not 

 

2 We use a fictitious name to maintain confidentiality. 
4 A-0934-16T1

 

an appropriate caretaker. The children remained with the Cannons, 

who have expressed an interest in adopting both children. 

The court initially rejected DCPP's plan for termination of 

Nancy's and Roger's parental rights, and extended the time to 

effect reunification. When that was not successful, DCPP filed a 

complaint seeking termination of their parental rights to both 

children. Following a twelve-day trial, Judge Yablonsky entered 

judgment on October 13, 2016, terminating Nancy and Roger's

parental rights to the children. Judge Yablonsky recited his 

factual findings and legal conclusions in a memorandum of opinion. 

The court found that DCPP had proven by clear and convincing 

evidence all four prongs codified in N.J.S.A. 30:40C-15.1(a), 

which, in the best interests of the children, mandates termination 

of parental rights. In re Guardianship of K.H.O., 161 N.J. 337 

(1999). He found the testimony of DCPP's caseworkers to be

"credibl[e]" and "consistent with the [DCPP] record in this case." 

With respect to Nancy, the court found DCPP provided services 

including "parenting classes, substance abuse treatment, anger 

management classes, psychotherapy, and a psychiatric evaluation." 

She obtained drug treatment and was successfully discharged but 

relapsed within weeks. Although she maintained sobriety at the 

time of trial, based on expert testimony, she remained at risk to 
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relapse because she did not "recognize her substance use as a 

potentially dangerous factor in her ability to care for her 

children." She received psychotherapy because of the death of her 

child. She had supervised visitation with the children, but at 

times she was "detached and elusive" toward them.

Addressing Roger, the court found he did not attend any of 

the required counseling services. He was referred to "sex-offender 

specific therapy" but did not attend. His visitation with the 

children was "irregular" and he showed "[l]imited, if any, 

affection . . . at [those] visits." He was discharged from the 

visitation program for non-attendance. 

The court found that the children's safety, health or 

development was endangered by the parental relationship with Roger

based on his "pattern of abandoning his children, non-engagement

in [DCPP] recommended services, and continued absence in multiple 

visitation programs." The DCPP called Dr. Robert Miller, a 

psychologist, as an expert witness in parenting capacity and 

bonding. Dr. Miller opined that maintaining a relationship with 

Roger posed an "increasing and unnecessary risk of harm" to the 

children because he was unable or unwilling to remediate his 

parental deficit. Roger also was incarcerated at the time of 

trial, serving a four-year sentence for third-degree sexual 
6 A-0934-16T1

 

assault under N.J.S.A. 2C:14-2(c)(4).

3 As a convicted sex 

offender, Roger was required to comply with the registration 

provisions of N.J.S.A. 2C:7-2(b), commonly known as Megan's Law, 

and was subject to Parole Supervision for life, N.J.S.A. 2C:43-

6.4.

4

With respect to Nancy, the judge found that her continued 

relationship would harm the children. Quenton's teeth had decayed 

under her care and the required tooth extractions affected his 

speech. The court found she remained "at risk for relapse" for 

continued drug use. The court noted that Nancy's pattern of 

unstable relationships, involving domestic violence, exposed the 

children to harm. The court noted that two experts had opined 

that Nancy was "not capable of safely parenting the minors now or 

in the foreseeable future, indicating the health and safety of the 

children would be put at risk if they were placed back in her 

care." The court found she had not overcome her parenting 

deficits.

 

3 An actor is guilty of sexual assault under N.J.S.A. 2C:14-2(c)(4) 

where the victim is less than sixteen years old but older than 

thirteen, and the actor is at least four years older than the 

victim.

4 Roger was also adjudicated delinquent in the Family Part as a 

juvenile based on a sexual offense.
7 A-0934-16T1

 

The court found that DCPP made reasonable efforts to help the 

parents through the provision of services. DCPP also "explored 

. . . multiple relative placements." With respect to Katie, she 

was ruled out by DCPP "due to follow up allegations and reports 

of abuse by the minors." The court noted she had been indicted 

on insurance fraud and was "facing significant jail time as well 

as fines." Her home would not be licensable by DCPP. 

The court found that termination of Nancy's and Roger's 

parental rights would not do more harm than good to the children 

based on the experts' testimony concerning the bonding

evaluations. All of the experts, including Nancy's, testified

that the children were securely attached to the Cannons. There 

was testimony that the children were thriving with them. Dr.

Maureen Santina, Ph.D, an expert in psychology and bonding,

testified for the Law Guardian. She and Dr. Miller testified that 

the children would be harmed if they returned to Nancy or Roger

and that the resource parents were able to ameliorate any harm 

caused by termination of parental rights. Dr. Miller and Dr. 

Santina found the children's attachment to Nancy to be insecure 

or ambivalent. There was no bonding evaluation conducted involving 

Roger and the children. Roger does not contest the fourth prong 

of the best interests test on appeal. 
8 A-0934-16T1

 

On appeal, Nancy does not dispute that DCPP provided services 

to her to assist in remediating the causes of removal. She does 

not argue that the children should be in her care; rather, she 

claims that she was prejudiced when the children were removed from 

Katie's care and placed with the Cannons. Roger contends on appeal 

that he was not offered appropriate services and that the evidence 

was not sufficient to prove the first three prongs of the best 

interests test. 

On appeal, our review of the judge's order terminating 

parental rights is limited. We defer to his expertise as a Family 

Part judge, Cesare v. Cesare, 154 N.J. 394, 412 (1998), and are 

bound by his factual findings provided they are supported by 

sufficient credible evidence. N.J. Div. of Youth & Family Servs. 

v. M.M., 189 N.J. 261, 279 (2007) (citing In re Guardianship of 

J.T., 269 N.J. Super. 172, 188 (App. Div. 1993)). 

We conclude the factual findings of Judge Yablonsky are 

fully supported by the record and agree with the legal conclusions 

drawn therefrom. He carefully considered the proofs, which show 

that neither parent is capable of providing stable and adequate 

care for the children now or in the near future. Both parents 

were offered appropriate services but either did not utilize them 

or did not remediate the causes for removal of the children. We 
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agree that termination of Nancy's and Roger's parental rights to 

Quenton and Mary is in the children's best interests and will help 

the children achieve permanency with their resource parents.

We briefly comment on their specific arguments. We reject 

Nancy's contention that the trial court erred by not conducting a

best interest hearing at some point earlier than the guardianship

trial on Katie's "rule out" as a placement option. In N.J. Div. 

of Youth and Family Servs. v. J.S., 433 N.J. Super. 69, 75 (App. 

Div. 2013), certif. denied, 217 N.J. 587 (2014), we held that "the 

Division's rule-out authority is always subject to the Family 

Part's ultimate assessment of that child's best interests." 

Because "[t]he satisfaction of the rule-out criteria in N.J.S.A.

30:4C-12.1 is, in essence, just one element of the requirements 

imposed by N.J.S.A. 30:4C-15.1(a)'s four-prong 'best interests' 

test," id. at 85, there was no error by the court in considering 

the issue as part of the guardianship trial. 

In addition, we find no error in the court's consideration 

of Katie's pending criminal charges, where she faced jail time if 

convicted. In making a best interests analysis, Judge Yablonsky 

appropriately took into consideration Katie’s predicament in 

determining the children's prospects for permanency. N.J. Div. 
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of Youth & Family Servs. v. L.M., 430 N.J. Super. 428, 450 (App. 

Div. 2013). 

Nancy indicated that Quenton's claim of abuse was unsettled 

and lacked evidential support. We disagree. The record is clear

that those allegations were made to multiple individuals, 

including doctors, therapists and DCPP caseworkers. It was 

entirely appropriate for the court to consider those allegations. 

We also disagree with Roger's contention that the court erred 

because he was not offered services appropriate for his level of

cognitive abilities. A DCPP representative testified that the 

program to which he was referred would "get to know [their clients] 

and know at what level to service them." In any event, Roger did 

not participate in the services offered.

Finally, we reject Roger's contention that the court 

terminated his parental rights because he was incarcerated. See

N.J. Div. of Youth & Family Servs. v. R.G., 217 N.J. 527, 556 

(2014) (holding that "incarceration alone—without particularized 

evidence of how a parent's incarceration affects each prong of the 

best-interests-of the-child-standard—-is an insufficient basis for 

terminating parental rights."). A fair reading of the judge's 

opinion shows that the decision to terminate Roger's parental 
11 A-0934-16T1

 

rights was firmly based on findings well beyond the fact of Roger's

incarceration. 

Affirmed.