SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

N.J. Division of Youth and Family Services v. G.M. (A-6-2008)

Argued January 6, 2009 -- Decided April 7, 2009

WALLACE, J., writing for a unanimous Court.

The issue in this appeal is whether the trial court properly dismissed this Title Nine abuse and neglect case without first holding a dispositional hearing to determine whether the children may safely return to their parent or guardian.

Gloria and Malcolm Moore were divorced in March 2000. They shared custody of their two children, Kadina and Curtis Moore. (The family’s names have been changed to protect their privacy.) The children resided with Gloria in New Jersey. During the summer and at other designated times, Malcolm had extended periods of parenting time with the children at his home in Florida.

On the night of March 28, 2006, Kadina had a fight with her mother. Upon investigating the matter, State Police Trooper Kelly Bene learned that Gloria had been drinking alcohol and that she and Kadina had been involved in a physical altercation of sorts. The trooper contacted the Division of Youth and Family Services (Division). The Division determined that emergent measures were required, removed the children from the house, and placed them with a neighbor. The children were given medical examinations. Kadina had a slight bruise on her upper arm, but Curtis showed no signs of injury. No criminal charges were filed against Gloria.