In a recent decision which was approved for publication, the Appellate Court found that a parent’s use of the prescription medication Xanax did not automatically qualify as child abuse or child neglect. The panel remained focused on whether the inebriated condition of the parent rendered her unable to provide the minimum level of care that is required for the child.
FAMILY LAW — CHILD ABUSE
20-2-7842 New Jersey Division of Youth and Family Services v. S.N.W., App. Div. (Fisher, P.J.A.D.) (17 pp.) The mere fact that a parent appeared inebriated is not necessarily determinative of whether that parent was providing a minimum degree of care. As a result, the court vacated an order based solely on a determination that the parent had abused or neglected her 20-month-old and 5-month-old children by appearing inebriated. The court concluded that the trial judge failed to determine the parent’s degree of culpability, particularly in light of uncertainty about whether the parent had exceeded the prescribed amount of Xanax she was then taking and whether that circumstance prevented her from being able to provide a minimum degree of care. [Decided Oct. 2, 2012.]
