New Jersey Div. of Youth and Family Services v. V.M.

For many years, V.M. (defendant) suffered from one or more psychiatric conditions. V.M. was treated by a psychiatrist, Dr. Seltzer, for posttraumatic-stress disorder, but Dr. Seltzer believed that V.M. also suffered from either a schizoaffective disorder or bipolar disorder. V.M.’s partner implied that V.M. had periodically suffered from episodes of “psychotic ideation.” Before getting pregnant, V.M. had taken medication for her mental condition, but she stopped when she became pregnant. Thirty-five weeks later, V.M. went into early labor. V.M. submitted to preparatory medical treatment at the hospital but refused to consent to a cesarean section (C-section), even after doctors and hospital personnel explained that there could be dire risks if the fetus became distressed. The fetus’s status at the time was not reassuring. V.M. became combative, uncooperative, erratic, noncompliant, irrational, and inappropriate at the hospital. At one point, V.M. called the police to report that she was being abused and denied medical treatment, when in fact she was thrashing around and threatening hospital staff. Dr. Devendra Kurani conducted an emergency psychiatric evaluation of V.M. and assessed that V.M. was not psychotic and understood the risks associated with declining a C-section. An anesthesiologist was finally able to administer an epidural, and not long thereafter, V.M. gave birth vaginally to J.M.G. without incident. J.M.G. was premature but healthy. Subsequently, V.M. refused to take prescribed medication for her psychiatric condition, denied that she had ever refused a C-section, and lied about or distorted the events that had occurred. The New Jersey Division of Youth and Family Services (DYFS) (plaintiff) initiated a case to protect J.M.G., alleging that V.M. had placed J.M.G. in imminent danger due to V.M.’s behavior and mental state. The trial court agreed following a trial, based in part on V.M.’s refusal to consent to a C-section. V.M. appealed.