New Jersey Division of Youth and Family Services v. Y.C.

2011 WL 2304147 (2011)

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New Jersey Division of Youth and Family Services v. Y.C.

New Jersey Superior Court, Appellate Division
2011 WL 2304147 (2011)

Facts

A child told someone at school about having witnessed the sacrifice of chickens, a goat, and a snake. The celebrant of the sacrifices then made the child eat a chicken heart and stuck the child all over her body with needles. The needle punctures were painful, and the experience was frightening. A doctor and a social worker found puncture wounds on the child’s body, which the child’s mother, Y.C. (plaintiff) claimed were injuries from skating and fighting with other children. Y.C. also claimed that she was Catholic and did not believe in rituals. The Division of Youth and Family Services did not believe Y.C. and removed the child from Y.C.’s custody. Y.C. then admitted to taking the child to a ceremony with the purpose of protecting the child during Y.C.’s military service. The social workers assigned to the case thought that what the child witnessed was a Santeria rite, but Y.C. provided no evidence regarding her religious beliefs, nor did she make a First Amendment claim regarding the exercise of religion. The trial court found that Y.C. had abused and neglected the child, and Y.C. appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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