New Jersey Division of Youth and Family Services v. P.P.
New Jersey Supreme Court
852 A.2d 1093 (2004)

- Written by Katrina Sumner, JD
Facts
In New Jersey, many children whose parents were incapable of caring for them were being raised by relatives, such as grandparents, who had no formal status as guardians approved by a court, either because these caregivers did not pursue or did not wish to pursue termination of parental rights. In cases like this, adoption was not practicable and not likely to occur for a dependent child. As a result, New Jersey’s Kinship Act (the act) created a substitute legal arrangement beyond custody in the form of a kinship guardianship that would be permanent but would not require terminating parental rights. New Jersey law required this substitute arrangement be considered only if adoption was not practicable and not likely to occur. After the act passed, there was a case involving a mother, P.P., and father, S.P. (defendants) who could not care for their two daughters due to the parents’ substance abuse. The five-year-old daughter lived from birth with her paternal grandmother, who wanted to adopt her. Likewise, the younger daughter lived with her maternal grandmother, who wanted to adopt her. The Division of Youth and Family Services (the agency) (plaintiff) became involved and offered services, which the parents did not accept. The agency filed a petition to terminate parental rights. The trial court terminated parental rights and did not consider kinship guardianship, because adoption was available for both girls. Both parents appealed, and their appeals were consolidated. The appellate court reversed and remanded for further evaluation of the parents and their bond with the children and ordered the trial court to consider kinship guardianship if the new evaluation showed the parents were still incapable of caring for their children. The case came before the New Jersey Supreme Court, which considered the issue of whether, in this context, the trial court should have considered kinship guardianship as a substitute for termination. Prior to oral argument, the agency’s updated evaluation showed that P.P. and S.P. were still unable to parent their children. However, the five-year-old was bonded to the parents in a way that suggested adoption might not be in her best interest, and her grandmother was wavering in her willingness to adopt her.
Rule of Law
Issue
Holding and Reasoning (Poritz, C.J.)
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