# Dcpp v. N.s-a., in the Matter of the Guardianship of A.S.

> New Jersey Superior Court Appellate Division · September 23, 2025

URL: https://www.frixlaw.com/law-library/cases/11142726

## Case

- **Court:** New Jersey Superior Court Appellate Division
- **Decided:** September 23, 2025
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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NOT FOR PUBLICATION WITHOUT THE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-0447-24

NEW JERSEY DIVISION
OF CHILD PROTECTION
AND PERMANENCY,

Plaintiff-Respondent,

v.

N.S-A.,

Defendant-Appellant,

and

J.D. and A.F.A.,

Defendants.
__________________________

IN THE MATTER OF THE
GUARDIANSHIP OF A.S.,
a minor.
___________________________

Argued September 9, 2025 – Decided September 23, 2025

Before Judges Sumners and Augostini.
On appeal from the Superior Court of New Jersey,
Chancery Division, Family Part, Passaic County,
Docket No. FG-16-0036-24.

Eric Storjohann, Assistant Deputy Public Defender,
argued the cause for appellant (Jennifer N. Sellitti,
Public Defender, attorney; Eric Storjohann, on the
briefs).

Michelle McBrian, Deputy Attorney General, argued
the cause for respondent (Matthew J. Platkin, Attorney
General, attorney; Janet Greenberg Cohen, Assistant
Attorney General, of counsel; Michelle McBrian, on
the brief).

David B. Valentin, Assistant Deputy Public Defender,
argued the cause for minor A.S. (Jennifer N. Sellitti,
Public Defender, Law Guardian, attorney; Meredith
Alexis Pollock, Deputy Public Defender, of counsel;
David B. Valentin, of counsel and on the brief).

PER CURIAM

Defendant N.S.-A (Nancy)1 appeals the September 23, 2024, Family Part

order terminating her parental rights after trial to her then eight-year-old

daughter, A.S. (Anne). 2 Nancy alleges the trial judge committed a number of

errors which deprived her of due process. Having reviewed the trial record, we

1
We use initials and fictitious names for the parents and child to protect their
privacy and the confidentiality of the record. R. 1:38-3(d)(12).
2
Nancy has another child, X.S., born in 2020, who is in the custody of his
father, D.D. and neither are parties to this appeal.
A-0447-24
2
are satisfied the competent, substantial trial evidence supports the trial judge's

decision to terminate Nancy's parental rights. We affirm.

I.

The issues raised by Nancy on appeal focus on errors occurring during a

second guardianship trial. Therefore, we summarize the evidence related to

those errors.

The New Jersey Division of Child Protection and Permanency's (Division)

involvement with Nancy and her family dates back to 2016 when Anne was

born.3 At Anne's birth, Nancy tested positive for Benzodiazepines. Neglect was

not established by the Division at that time and the case was closed.

Three years later, in 2020, the Division removed Anne "due to [Nancy's]

mental health and substance use" and placed with her maternal aunt L.S. (Lucy)

and her great uncle F.S. (Flynn). Before removing Anne, the Division received

3
A.A. (Alan) is listed on Anne's birth certificate as her father, but his
whereabouts were unknown to Nancy. The Division searched for Alan, but as
he is only known as a non-citizen residing outside the United States, the
Division's required search in New Jersey was unsuccessful. Nancy additionally
identified J.D. (Jack), who she met in Florida, as Anne's biological father. But
due, in part, to differing accounts of his surname, he was not located in either
Florida or New Jersey. Therefore, neither purported father was served nor
represented. On February 22, 2024, the trial judge terminated both Alan's and
Jack's parental rights to Anne.

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3
five referrals "documenting mental health concerns, homelessness, substance

use concerns, physical abuse and [] domestic violence between Nancy and her

mother," though all the allegations were found not to be established.

The Division worked with the family for a year, conducting supervised

visits, tracking Nancy's treatment, and testing her for substances. During this

period, Nancy gave birth to her son, X.S. (Xia), 4 born in 2020, whose father is

D.D. (Dan).

Due to Nancy's non-compliance with court-ordered services, the Division

filed its first guardianship complaint on July 14, 2020, seeking to terminate her

parental rights to Anne. Later, in 2021, the first guardianship litigation was

dismissed, and the case was remanded back to the FN docket after the trial judge

found the Division had not provided reasonable efforts to Nancy. In August

2021, Anne was reunified with Nancy, and four months later, the litigation was

dismissed.

On July 27, 2022, the Division received a new referral concerning Nancy's

mental health. Over the next several months, Dan reported to the Division that

Nancy's mental health had been declining. On September 28, 2022, Nancy took

4
On September 22, 2022, after an emergent application, the trial judge granted
Dan's request for custody of Xia. In its brief, the Division represents that Xia
remains in Dan's custody; neither are parties to this appeal.
A-0447-24
4
Anne to Washington D.C., specifically to the Central Intelligence Agency (CIA)

building, claiming to be "part of the CIA and Illuminati Family," and believing

someone was targeting her.

This incident led to the Division removing Anne from Nancy and placing

her with the maternal relatives again. 5 On September 30, 2022, the trial judge

granted the Division custody, care, and supervision of Anne. After completing

its investigation, the Division established the allegation of neglect but did not

establish the remainder of the allegations.

At the time of Anne's removal, Nancy met with a crisis intervention

screener and ultimately agreed to go to the hospital. Nancy was involuntarily

admitted and later transferred to Clara Maas Medical Center to receive a higher

level of care. Nancy remained hospitalized, and on October 6, 2022, was

discharged. Clara Maas recommended outpatient mental health treatment.

After Nancy's discharge from the hospital, the Division arranged

supervised visits between her and Anne. Although there were positive visits

early on, throughout the litigation, Nancy's visits with Anne were inconsistent

and sometimes problematic. For example, Nancy cancelled several visits and

5
Dan obtained custody of Xia under an FD docket.
A-0447-24
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by March 2023, the Division represented that "Nancy [was] only visit[ing]

sporadically with Anne . . ."

During a visit on April 26, 2023, Nancy "grabbed [Anne] and picked her

up very roughly . . . ranting about how she is 'part of the family' and being the

'chosen one' and how[] '[Anne] could not be separated from her until she was

[seven] because she was part of her body.'" Following this incident, supervised

visitation was temporarily suspended based on Anne's wishes. On May 4, 2023,

Nancy admitted to fabricating a dental appointment note in an attempt to pick

Anne up from school. Nancy's plan was thwarted by responding police officers.

During the first litigated case in 2020, Dr. Alison Strasser Winston

psychologically evaluated Nancy. In the second litigated case, in February

2023, Dr. Winston conducted another psychological evaluation of Nancy. The

evaluation was not fully completed, however, because, during the evaluation,

Nancy reported experiencing chest pains, resulting in a call to 9-1-1. The

evaluation ended before the psychological testing could be completed. Although

the Division rescheduled the evaluation, Nancy failed to attend. As a result, Dr.

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Winston rendered an opinion without having administered any standardized

tests.

In 2024, Dr. Winston performed a third evaluation. Dr. Winston was only

able to meet with Nancy for about fifteen minutes because Nancy became upset

and requested to leave the interview. Based on her clinical interview and

observations of Nancy during the brief evaluation, Dr. Winston testified that

Nancy had "deteriorated" psychologically since 2023.

From 2022 to 2023, the Division made repeated attempts to work with

Nancy with limited success. In October 2023, the Division changed its

permanency plan for Anne to termination of parental rights followed by adoption

by Anne's current resource parents. The trial judge approved this plan because

it found that Nancy "has largely not complied with court-ordered services to

address her mental health and substance abuse issues." On December 4, 2023,

the Division filed the second complaint for guardianship.

A four-day trial occurred in June and July 2024. The Division called two

witnesses: the Division's adoption supervisor, Jessica Checo and Dr. Winston,

who was qualified as "an expert in psychology, parental fitness, custody and

bonding." Ms. Checo, who supervised the case since November 2023, testified

regarding the Division's involvement with the family over the years. She

A-0447-24
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explained that the Division provided the resource parents with information

regarding the permanency options of Kinship Legal Guardianship (KLG) and

adoption. Ms. Checo also testified that she spoke directly with the resource

parents about these options, and having been informed of these options, the

resource parents consistently expressed their commitment to adoption.

Ms. Checo testified regarding the extensive efforts the Division made to

refer Nancy to mental health services, including psychiatric evaluations, but to

no avail. The Division offered weekly visits for Nancy and Anne. However, as

Ms. Checo explained, Nancy frequently missed those visits.

Dr. Winston testified regarding the evaluations she conducted of Nancy

in 2020, 2023, and 2024. Regarding Dr. Winston's opinion as to whether Nancy

could safely parent Anne, she testified:

A: That [Nancy is] not able to provide [Anne] with a
safe and stable environment because of her severe
mental health issues.

Q: And do you have an opinion, if any, regarding
whether she could provide that in the foreseeable
future?

A: Yes. My opinion is that she can't.

Q: And what is the basis for that opinion?

A: She is very delusional. She doesn't acknowledge
her[] severe mental health issues. She's not getting the

A-0447-24
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right level of treatment. Her treatment providers don't
know. She's not being forthcoming with her treatment
providers about her level -- about her serious mental
health issues and she's in such denial and this has been
going on for almost two years now and she's just not
demon-- she has not demonstrated any progress in
almost since July of 2022 since this case has been open
and the lack of progress.

The defense called Dr. James Silvestri, who was admitted as an expert in

psychotherapy. Dr. Silvestri initially had contact with Nancy in 2019 to perform

an independent evaluation, which was not done. Between 2019 and March 2024,

Dr. Silvestri acknowledged he had only had "sporadic" contact with Nancy. Dr.

Silvestri criticized Dr. Winston's diagnoses and recommendations as

inappropriate because some of the information she relied upon was hearsay, and

she failed to mention Nancy’s Attention Deficit Disorder diagnosis, which Dr.

Silvestri characterized as the "predominant diagnosis."

Nancy testified on the final day of trial. She stated that she speaks with

Anne every night, and that Anne initiates the call. She testified that the last time

she used illegal substances was in 2019. She explained that the Division never

helped her obtain a job or housing nor invited her to participate in a family team

A-0447-24
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meeting. When asked why she never participated in court-ordered services,

Nancy replied that she was never advised to participate.

On September 23, 2024, the trial judge rendered a comprehensive oral

decision, summarizing the evidence, finding the Division's witnesses credible,

and analyzing the four-prongs of the best interests of the child test set forth in

N.J.S.A. 30:4C-15.1. The judge concluded the Division satisfied the four-

prongs by clear and convincing evidence, granted the Division's application to

terminate Nancy's parental rights to Anne, and awarded the Division

guardianship of Anne. This appeal followed.

II.

Our scope of review on appeal from an order terminating parental rights

is limited. N.J. Div. of Youth & Fam. Servs. v. G.L., 191 N.J. 596, 605 (2007).

We will uphold a trial judge's fact findings if they are "supported by adequate,

substantial, and credible evidence." N.J. Div. of Youth & Fam. Servs. v. R.G.,

217 N.J. 527, 552 (2014). "We accord deference to fact findings 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 related

to the family." N.J. Div. of Youth & Fam. Servs. v. F.M., 211 N.J. 420, 448

(2012). "Only when the trial [judge's] conclusions are so 'clearly mistaken' or

A-0447-24
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'wide of the mark' should an appellate court intervene and make its own findings

to ensure that there is not a denial of justice." N.J. Div. of Youth and Fam.

Servs. v. E.P., 196 N.J. 88, 104 (quoting G.L., 191 N.J. at 605).

To terminate parental rights, the State must demonstrate by clear and

convincing evidence:

(1) The child's safety, health, or development has 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 placement will add to the harm; 6

(3) The [D]ivision has made reasonable efforts to
provide services 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 parental rights; and

(4) Termination of parental rights will not do more
harm than good.

[N.J.S.A. 30: 4C-15.1(a)(1) to (4).]

The "prongs are not discreet and separate," but overlap with each other.

6
On July 2, 2021, the Legislature enacted L. 2021, c. 154, deleting the last
sentence of N.J.S.A. 30:4C-15.1(a)(2), which read, "[s]uch harm may include
evidence that separating the child from [the child's] resource family parents
would cause serious and enduring emotional or psychological harm to the child."
A-0447-24
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N.J. Div. of Youth & Fam. Servs. v. I.S., 202 N.J. 145, 167 (2010) (quoting

G.L., 191 N.J. at 606-07). The goal of this comprehensive statute is to effectuate

the best interests of a child.

On appeal, Nancy contends the trial judge erred by (1) relying on the

Division's expert, Dr. Winston's summary of Nancy's history with the Division

in the 2020 evaluation and Dr. Winston's net opinion in the 2024 evaluation; (2)

finding Nancy harmed Anne under prong two of the best interests of the child

standard, N.J.S.A. 30:4C-15.1(a), by weighing and comparing the relationships

Anne had with Nancy and her resource parents; (3) shifting the burden of

persuasion to Nancy to explore alternatives to termination of parental rights; and

(4) finding harm to Anne would be mitigated by ongoing contact with Nancy.

The Division and Anne's attorney (the Law Guardian) urge us to affirm the order

of guardianship, contending that the overwhelming, credible evidence

establishes each of the four prongs of the best interests standard.

A.

Nancy contends the trial judge erred by adopting "as fact" Dr. Winston's

nearly five-year-old review of the Division's litigation material summarized in

Dr. Winston's 2020 evaluation from the prior litigation. According to Nancy,

she did not have access to the records from the prior litigation, nor were these

A-0447-24
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documents provided as evidence in the present case. Both the Division and the

Law Guardian contend this assertion is without merit. We agree that Nancy's

bald assertion is not borne out by the judge's decision.

Contrary to Nancy's assertion, the trial judge did not adopt this summary

in its findings, but rather, merely recognized it as a "very good summary"

provided by Dr. Winston in her 2020 report. The 2020 report documents the

sources of information Dr. Winston reviewed. However, Nancy did not point to

any facts purportedly cited to by the trial judge for which Nancy did not have

supporting documents or sources. Additionally, Nancy did not identify any

specific facts or portions of the judge's factual history that was derived solely

from Dr. Winston's summary. As the trial judge correctly noted, Dr. Winston's

factual summary only provided context and a historical perspective for the

updated evaluations.

Nancy also contends the trial judge erred by relying on Dr. Winston's 2024

evaluation, alleging it was a net opinion. Both the Division and the Law

Guardian disagree, asserting that Dr. Winston's evaluations were well-supported

by the facts, the family's history, clinical interviews and observations of Nancy

over a span of nearly four years, and psychological assessments of Nancy.

Having reviewed Dr. Winston's comprehensive reports and trial testimony, we

A-0447-24
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reject Nancy’s assertions. Dr. Winston detailed her findings and explained her

conclusions comprehensively; thus, her opinion was not a net opinion. We are

satisfied the trial judge did not abuse his discretion in relying on her expert

conclusions.

An expert's opinion must be grounded in "facts or data derived from (1)

the expert's personal observations, or (2) evidence admitted at the trial, or (3)

data relied upon by the expert which is not necessarily admissible in evidence

but which is the type of data normally relied upon by experts." State v.

Townsend, 186 N.J. 473, 494 (2006). An expert must "'give the why and

wherefore' that supports the opinion, 'rather than a mere conclusion.'" Borough

of Saddle River v. 66 E. Allendale, LLC, 216 N.J. 115, 144 (2013) (quoting

Pomerantz Paper Corp. v. New Cmty. Corp., 207 N.J. 344, 372-74 (2011)).

However, an expert's opinion will be excluded as a net opinion "if it is based

merely on unfounded speculation and unquantified possibilities." Vuocolo v.

Diamond Shamrock Chem. Co., 240 N.J. Super. 289, 300 (App. Div. 1990).

Here, Dr. Winston, unlike Dr. Silvestri, based her findings on clinical

interviews and observations of Nancy made over several years. From those

interviews and observations together with a review of various records, Dr.

Winston concluded that Nancy is unable "to provide [Anne] with a safe and

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stable environment because of her severe mental health issues" and is unlikely

to do so in the foreseeable future because she is "extremely delusional," has

"very poor reality testing," does not "acknowledge her [] severe mental health

issues" and has not engaged in the "right level of treatment."

At the outset of her testimony, Dr. Winston explained her methodology,

and how she arrived at a diagnosis for Nancy, and supported her conclusions

with specific observations and reasoning. Although Dr. Winston's 2024

evaluation was cut short due to Nancy leaving the evaluation early, during that

brief time, Dr. Winston observed Nancy "present[ing] as highly paranoid, as she

reported . . . being targeted by the State." Nancy also reported that "she was a

victim of 'remote neural monitoring.'"

Moreover, Dr. Winston intended to administer the psychological testing

to Nancy but was unable to do so because Nancy left the evaluation early. Nancy

now contends the trial judge erred in admitting and relying upon Dr. Winston's

expert opinion without any scientific testing. Nancy "cannot now argue that

[Dr. Winston's] testimony should not be considered because [she] did not

evaluate her through [psychological testing]." In re Civil Commitment of

W.X.C., 407 N.J. Super. 619, 640 (App. Div. 2009).

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However, even without the benefit of such testing, during her 2024

evaluation, Dr. Winston had sufficient data to conclude, to a reasonable degree

of psychological certainty, that to reunify Anne with "a biological mother who

continues to present with unaddressed delusional thought processes and

substance use issues, would cause [Anne] serious and enduring emotional

harm." These conclusions were well supported by Nancy’s clinical presentation

and interview during this final evaluation. Thus, the trial judge did not abuse

his discretion by his admission of and reliance on Dr. Winston's comprehensive

reports and well-reasoned expert opinion.

B.

Nancy challenges the trial judge's findings as to prongs one and two of

N.J.S.A. 30:4C-15.1(a) relative to harm resulting from the parental relationship

and her inability or unwillingness to eliminate that harm and provide a safe and

stable home for Anne. Nancy contends the trial judge erred in finding clear and

convincing evidence of harm to Anne because a prior court found insufficient

proof of abuse and neglect under the preponderance of the evidence standard in

the Title Nine proceeding involving the family.

Nancy further contends the judge erred in his prong two analysis by

comparing the resource family's bond with Anne to Nancy's bond with Anne.

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Nancy supports this contention by pointing to the judge's finding:

Dr. Winson talks about how [Anne] has learned to look
to her resource parents to provide her with safety and
security. She cannot and does not look to her mother
as one who, on a consistent basis, could address those
needs.

We disagree with Nancy's assertions as to both prongs one and two. The trial

judge's findings as to prongs one and two were amply supported by substantial,

credible evidence.

The fact-finding judge's 2023 determination that Anne was not an abused

or neglected child under Title Nine did not bar either the initiation of a

termination of parental rights proceeding or the trial judge's finding of harm to

Anne under prongs one and two of the best interests standard. F.M., 211 N.J. at

444; N.J. Div. of Youth & Family Servs. v. A.P., 408 N.J. Super. 252, 261 (App.

Div. 2009). Our Supreme Court has recognized the distinctions between Title

Nine, abuse and neglect proceedings, and Title Thirty, guardianship matters.

N.J. Div. of Youth and Family Servs. v. R.D., 207 N.J. 88, 105, 108-14 (2011).

"Abuse and neglect and termination proceedings are brought under

separate statutory schemes, require different burdens of proof, and all for

different remedies." Id. at 105 (citing Div. of Youth & Fam. Servs. v. R.D., 412

N.J. Super. 389, 400-01 (App. Div. 2010)). The Court further underscored the

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"salient characteristic" distinguishing Title Nine proceedings from guardianship

matters: "the immediacy and speed with which they are to be conducted." R.D.,

207 N.J. at 109. "[A] finding of abuse and neglect . . . is only one of five

statutory grounds for the termination of parental rights" under N.J.S.A. 30:4C-

15. Id. at 112 (citing N.J. Div. of Youth & Fam. Servs. v. A.P., 408 N.J. Super.

252, 259 (App. Div. 2009)). Thus, "an abuse or neglect finding [under Title

Nine] is not the only means by which to trigger a complaint seeking termination

of parental rights." Ibid.

Here, the Division sought termination of Nancy's parental rights based on

N.J.S.A. 30:4C-15(c), "which provides for termination where 'the best interests

of any child . . . require that he [or she] be placed under guardianship." Ibid.;

see also N.J.S.A. 30:4C-15.1(a) ("setting forth the four statutory tests for

determining whether termination is in the 'best interests of the child.'").

Therefore, the trial judge did not err in rejecting Nancy's challenge to the finding

of harm under prong one of N.J.S.A. 30:4C-15.1(a)(1) because there had been

no finding of abuse and neglect previously made.

Prong two addresses whether 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, and the delay of permanent placement will add to that harm. N.J.S.A.

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30:4C-15.1(a)(2); In re Guardianship of K.H.O., 161 N.J. 337, 348 (1999). The

primary inquiry of prong two is whether in the foreseeable future, a parent can

cease inflicting harm on the child and "is able to continue a parental relationship

without recurrent harm to the child." Id. at 348-49.

Prong two also requires the trial judge to analyze the steps taken by a

parent to maintain their relationship with a child and to foster an environment

leading to the healthy development of the child. K.H.O., 161 N.J. at 352.

Included in this analysis is whether the delay of permanent placement will add

to the harm suffered by the child. N.J.S.A. 30:4C-15.1(a)(2); K.H.O., 161 N.J.

at 348. Because children have a right to permanency, they "must not languish

indefinitely in foster care while a birth parent attempts to correct the conditions

that resulted in an out-of-home placement." N.J. Div. of Youth & Fam. Servs.

v. S.F., 392 N.J. Super. 201, 209 (App. Div. 2007).

Here, the trial judge properly concluded that Nancy's continued,

unremedied, and chronic mental health issues continued to pose a substantial

risk of harm to Anne, and those conditions were unlikely to change in the

foreseeable future. Crediting Dr. Winston's expert opinion, the trial judge

concluded that Nancy's continued refusal to acknowledge and address her

"serious emotional instability . . . her delusional and paranoid ideation"

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prevented Nancy from providing Anne now or in the foreseeable future with

"appropriate care, supervision and protection." This delay in achieving

permanency for Anne resulted in Anne remaining with her resource family for

approximately four years at the time of the guardianship trial. As the trial judge

properly noted, this delay in permanency resulted in Anne "look[ing] to her

resource parents to provide her with safety and security." The trial judge's

findings correctly focused on the steps taken by Nancy to maintain her

relationship with Anne and to foster an environment leading to healthy, normal

child development rather than comparing the two relationships as Nancy asserts.

K.H.O., 161 N.J. at 352.

We are satisfied that the ample, credible evidence in the record supports

the judge's findings on prongs one and two. Nancy's failure to consistently

participate in services, her unabated mental health issues, and poor visitation

record show that Anne was harmed by the parental relationship and Nancy has

not been able or willing to eliminate that harm.

C.

Nancy next contends the trial judge erred by shifting the burden of

persuasion to her to explore alternatives to termination of parental rights under

prong three of N.J.S.A. 30:4C-15.1(a). Nancy argues the trial judge improperly

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admitted the hearsay KLG/adoption form signed by the resource parents.

Because there was ample evidence in the record of the resource parents' steadfast

commitment to adopt Anne, we are satisfied the trial judge did not shift the

burden to Nancy of proving the second part of prong three.

Contrary to Nancy's assertion, the competent evidence supported the trial

judge's conclusion that the resource parents were unequivocally committed to

adopting Anne. As the trial judge noted, if Nancy wished to counter this

evidence, she had the opportunity to do so by calling the resource parents or

presenting other evidence to contradict the Division's assertions. The substantial

evidence presented also supported the trial judge's conclusion that alternatives

to termination of parental rights had been adequately explored and adoption was

in Anne's best interests.

D.

Finally, Nancy asserts the trial judge erred under the prong four analysis

by factoring in the resource parents' willingness to permit ongoing contact

between Nancy and Anne. Although any agreement to facilitate post-adoption

contact is unenforceable in New Jersey, we reject Nancy's argument that the trial

judge erred in considering the resource parents' willingness to permit ongoing

contact between Nancy and Anne consistent with Anne's best interests.

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Prong four of the best-interests standard requires an assessment of

whether termination of parental rights will do more harm than good. N.J.S.A.

30:4C-15.1(a)(4). The fourth prong does not require a showing that no harm

will befall the child because of the trial court's legal severance of biological ties.

K.H.O., 161 N.J. at 355. Rather, the issue prong four requires the trial judge to

address is whether any harm resulting from the termination of a child's legal

relationships is outweighed by the good that will result. Ibid.

Here, the unrefuted expert opinion of Dr. Winston established that Anne

has a secure and loving attachment with her resource parents where she has

lived, at the time of trial, for almost four years. According to Dr. Winston, the

resource parents are Anne's psychological parents.

Although Dr. Winston described Anne's attachment to Nancy as insecure,

the resource parents recognized the benefits to Anne of maintaining some

connection with her mother and brother Xia. The trial judge properly considered

the resource parents' past efforts to support this contact and inferred from their

past conduct the likelihood that they would foster contact after adoption. We

discern no error in the trial judge's inference as to future contact and his

conclusion that ongoing contact would mitigate any harm to Anne from the loss

of her legal relationship with her mother. See In re Guardianship of J.N.H., 182

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N.J. 29, 31 (2004); New Jersey Div. of Youth & Family Servs. v. M.M., 189

N.J. 261, 287 (2007).

To the extent we have not addressed any of Nancy's arguments, it is

because we conclude they are without sufficient merit to warrant discussion in

a written opinion. R. 2:11-3(e)(1)(E).

Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11142726. Public record. Not legal advice.
