RECORD IMPOUNDED

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3559-15T2

NEW JERSEY DIVISION OF CHILD

PROTECTION AND PERMANENCY,

Plaintiff-Respondent,

v.

M.G.,

Defendant-Appellant,

and

K.P.,

Defendant.

_____________________________

IN THE MATTER OF S.G., 

a minor. 

______________________________

Argued March 13, 2017 – Decided

Before Judges Haas and Currier.

On appeal from the Superior Court of New 

Jersey, Chancery Division, Family Part, 

Middlesex County, Docket No. FN-12-0129-16.

Ryan T. Clark, Designated Counsel, argued the 

cause for appellant (Joseph E. Krakora, Public 

Defender, attorney; Mr. Clark, on the briefs).

NOT FOR PUBLICATION WITHOUT THE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.

April 18, 2017
2 A-3559-15T2

Michael A. Thompson, Deputy Attorney General, 

argued the cause for respondent (Christopher 

S. Porrino, Attorney General, attorney; 

Melissa Dutton Schaffer, Assistant Attorney 

General, of counsel; Mr. Thompson, on the 

brief).

David Valentin, Assistant Deputy Public 

Defender, argued the cause for minor (Joseph 

E. Krakora, Public Defender, Law Guardian, 

attorney; Mr. Valentin, on the brief).

PER CURIAM

Defendant M.G.1 appeals from a March 15, 2016 order, 

contending that the Family Part judge erred in finding that he 

abused or neglected his five-month-old daughter, S.G. (Sage), by 

driving with the child in a motor vehicle after consuming marijuana 

and alcohol. In light of the record and applicable principles of 

law, we affirm.

On September 26, 2015, defendant brought Sage to a friend's 

house at 7 p.m. after taking Sage's mother, K.P., to work. 

Defendant left the infant in the care of a female friend whose 

name he could not recall, went to a different part of the home, 

and proceeded to consume two to three beers and two "hits" of a 

marijuana cigarette. At 7:50 p.m., defendant drove with Sage to 

a nearby Burger King, where he parked and ate his food while his 

 

1 We use initials and pseudonyms for the purposes of 

confidentiality.
3 A-3559-15T2

daughter slept in her car seat. A concerned citizen noticed 

defendant sitting in his car for an extended period and called the 

police. The officer who responded found defendant and Sage sitting 

in the parked car; he observed a partially smoked marijuana 

cigarette and a small quantity of raw marijuana in the vehicle. 

Defendant was arrested and charged with possession of marijuana, 

N.J.S.A. 2C:35-10(a)(4), and endangering the welfare of a child, 

N.J.S.A. 9:6-3.

Plaintiff, the Division of Child Protection and Permanency 

(Division), received a referral and visited defendant's home on 

two occasions. The caseworkers noted that the home was "neat and 

clean and well furnished," and Sage was "well dressed neat and 

clean." Defendant confirmed to the caseworker that he drank at 

least two beers and took two "hits" of a joint before driving with 

the infant that evening. Defendant further admitted to smoking 

marijuana regularly when he lived in California, but indicated 

that he had not smoked since moving to New Jersey two years 

earlier.

The Division created a Safety Protection Plan with the family, 

requiring all of defendant's interactions with his daughter to be 

supervised and prohibiting him from driving with her in a vehicle. 

The Division filed a verified complaint for the care and 

supervision of Sage under both N.J.S.A. 9:6-8.21 and N.J.S.A.
4 A-3559-15T2

30:4C-12, which was granted by Judge Barbara C. Stolte, with the 

consent of the parties. The judge ordered defendant to complete 

a substance abuse program and continue supervised contact with 

Sage, acknowledging that defendant had begun complying with the 

Division's services prior to the hearing.

Following a fact-finding hearing, the judge rendered an oral 

decision on March 15, 2016, finding that defendant "failed to 

exercise a minimum degree of care and placed [Sage] at substantial 

risk of injury by using marijuana and drinking alcohol then 

proceeding to drive with the minor child in a motor vehicle." 

Judge Stolte observed that Sage "is a very vulnerable child who 

is reliant on her father for her every need." 

The judge noted that in the absence of actual harm to the 

child, the Division must prove by the preponderance of the evidence 

that the child faced an imminent danger of impairment and a 

substantial risk of harm due to defendant's conduct. See N.J.S.A.

9:6-8.21(c)(4). In support of her decision, the judge relied on 

defendant's admission to the Division that he took Sage to the 

home of a "friend's friend" and left his daughter with a woman who 

he did not know well. The judge further cited defendant's 

admission that he had a previous marijuana addiction and noted 

that a partially smoked marijuana cigarette along with raw 

marijuana were confiscated from his car. The judge also noted 
5 A-3559-15T2

that the officer who arrested defendant observed the odor of burnt 

marijuana emanating from the vehicle and she concluded:

This to me is an absolute clear case by the 

preponderance of the evidence, of imminent 

risk. He's driving after smoking marijuana 

and drinking two to three beers on the road 

with his infant child in the backseat. 

Absolutely a risk to this child . . . . [T]he 

Court will make a finding by the preponderance 

of the evidence that . . . that failure to 

exercise a minimum degree of care did in fact 

pose a risk of substantial injury to the 

child.

Under the totality of the circumstances, the judge determined that 

defendant's "failure to exercise a minimum degree of care" amounted 

to gross negligence and warranted a finding that defendant abused 

or neglected his daughter.

Following a dispositional hearing, the judge determined there 

was no longer a need for continuing litigation and dismissed the 

matter.

On appeal, defendant contends that the record lacks 

substantial credible evidence to support a finding of abuse and 

neglect.2

On review, we accord deference to the family court's factfindings and will uphold a determination of abuse and neglect if 

it is supported by adequate, substantial and credible evidence in 

 

2 The Law Guardian joins the Division in opposing the appeal.
6 A-3559-15T2

the record. N.J. Div. of Youth & Family Servs. v. M.M., 189 N.J.

261, 279 (2007). The trial judge must articulate, with 

particularity, the facts upon which a determination of abuse or 

neglect is made. N.J. Div. of Youth & Family Servs. v. J.Y., 352 

N.J. Super. 245, 262 (App. Div. 2002). 

Defendant asserts that the risk of harm to Sage was 

speculative, and there was no correlation between his actions that 

evening and the alleged risk of harm to Sage. We disagree. 

Judge Stolte made detailed factual findings based on 

defendant's admissions to the Division and the information from 

the arresting police officers in her consideration of whether

defendant abused or neglected his child. We have previously 

considered a similar situation in New Jersey Div. of Child 

Protection and Permanency v. J.A., 436 N.J. Super. 61 (App. Div. 

2014) and determined a parent is held to what "an ordinary 

reasonable person would understand" in considering whether a 

situation "poses dangerous risks" and whether the parent acted 

"without regard for the potentially serious consequences." Id.

at 68-69.

Here, defendant admitted to consuming two or three beers and 

using marijuana in a fifty-minute timespan and then proceeded to 

drive with his daughter in the car. We are satisfied that the 

judge considered the totality of the circumstances and applied the 
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correct legal standard in issuing a well-reasoned decision. 

Accordingly, we find that the judge's decision was supported by 

substantial credible evidence in the record, and therefore, affirm 

substantially for the reasons expressed in her oral opinion.

Affirmed.