N.J. Dep’t of Children & Families, Div. of Youth & Family Servs. v. I.S.

I.S. and E.S. are the divorced biological parents of twin girls. Following a series of reported events, I.S. admitted she was overwhelmed and needed help, and acknowledged the children needed placement in a residential facility where they could receive medical supervision and intensive counseling. In 2007, the Division of Youth and Family Services conducted an emergency removal and sought custody of the twins. The trial court concluded that the Division failed to establish I.S. abused or neglected the children, but because she could not protect them from injury, the court ordered the twins' placement in a residential facility. Though the court found no evidence of abuse or neglect, it ultimately granted sole custody to one of the girls prior to E.S., and sole custody of the other to I.S. I.S. appealed, and the Appellate Division affirmed. Upon review, the Supreme Court affirmed the Appellate Division judgment awarding E.S. custody to one of the twins. The Court reversed the trial court's order to the extent that it was based on continued jurisdiction under N.J.S.A. 9:6-8.50(c). View "N.J. Dep't of Children & Families, Div. of Youth & Family Servs. v. I.S." on Justia Law