NJ & CT News

Appeals Court: Mother Abused Child by Taking Prescribed Medication

A New Jersey appellate court has determined that an expectant mother who takes doctor-prescribed methadone during her pregnancy can legally be held responsible for child abuse in that state for exposing her unborn child to a dangerous and addictive drug. DYFS v. Y.N., A-5880-11. The case brings up several questions, including these: Should an unborn child's welfare to be protected over a pregnant woman's health, and what duty does a physician owe to his patient's fetus?

In the New Jersey case, the woman had been advised that her use of methadone could harm her unborn child, but she chose to go ahead with the treatment. Her baby was born with symptoms of methadone withdrawal and had to be treated with morphine for 39 days following his birth. The appeals panel focused its inquiry solely on the child's welfare and was unswayed by the fact that the mother was taking methadone under the care of a licensed medical care provider who prescribed the drug to her to wean her off of heroin and cocaine. It distinguished a 2012 case in which a mother who was somewhat impaired due to the use of Xanax during her pregnancy was not found guilty of child abuse. The difference, said the court, was that the child born with Xanax in its system was not addicted to the drug, while the child in DYFS v. Y.N was born addicted to methadone.'

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CONNECTICUT

Rule of Comity Is Not Applicable

The Appellate Court of Connecticut has affirmed a trial court's refusal to dismiss a marriage dissolution action, finding that the husband's prior Kenyan divorce was not valid. Juma v. Aomo, 2013 Conn. App. LEXIS 279 (5/28/13). The trial and appeals courts agreed that the Kenyan court lacked jurisdiction to decide the matter, as both parties had lived in the United States since at least 2007, and the husband had given up his Kenyan citizenship when he became an American citizen, so when when he filed for and obtained his divorce the husband was not a Kenyan citizen. In addition, the wife was not notified of the Kenyan divorce until after it was completed and her Connecticut dissolution action had
been commenced.

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NEW JERSEY

Sex Abuse Findings Are Publishable Only to Enumerated Entities

In New Jersey Division of Youth and Family Services v. P.H. And J.C., A-0939-11T3, New Jersey's Appellate Division declared that the Division may only notify those persons and entities specifically identified in Titles 9 and 30 of a finding that a person has sexually abused a child. Because churches are not listed in those statutes, the appeals court found it was error for a lower court to allow the Division to notify a church that a man the church wished to hire as a youth pastor has a history of child sexual abuse.

Appeals Court: Mother Abused Child by Taking Prescribed Medication

A New Jersey appellate court has determined that an expectant mother who takes doctor-prescribed methadone during her pregnancy can legally be held responsible for child abuse in that state for exposing her unborn child to a dangerous and addictive drug. DYFS v. Y.N., A-5880-11. The case brings up several questions, including these: Should an unborn child's welfare to be protected over a pregnant woman's health, and what duty does a physician owe to his patient's fetus?

In the New Jersey case, the woman had been advised that her use of methadone could harm her unborn child, but she chose to go ahead with the treatment. Her baby was born with symptoms of methadone withdrawal and had to be treated with morphine for 39 days following his birth. The appeals panel focused its inquiry solely on the child's welfare and was unswayed by the fact that the mother was taking methadone under the care of a licensed medical care provider who prescribed the drug to her to wean her off of heroin and cocaine. It distinguished a 2012 case in which a mother who was somewhat impaired due to the use of Xanax during her pregnancy was not found guilty of child abuse. The difference, said the court, was that the child born with Xanax in its system was not addicted to the drug, while the child in DYFS v. Y.N was born addicted to methadone.'

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CONNECTICUT

Rule of Comity Is Not Applicable

The Appellate Court of Connecticut has affirmed a trial court's refusal to dismiss a marriage dissolution action, finding that the husband's prior Kenyan divorce was not valid. Juma v. Aomo, 2013 Conn. App. LEXIS 279 (5/28/13). The trial and appeals courts agreed that the Kenyan court lacked jurisdiction to decide the matter, as both parties had lived in the United States since at least 2007, and the husband had given up his Kenyan citizenship when he became an American citizen, so when when he filed for and obtained his divorce the husband was not a Kenyan citizen. In addition, the wife was not notified of the Kenyan divorce until after it was completed and her Connecticut dissolution action had
been commenced.

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