Law Lessons from DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES V. L.E., App. Div., A-1994-08T1, March 8, 2010:

The term “neglected child” is defined in N.J.S.A. 9:6-8.21(c)(4) as a child under the age of eighteen

whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent . . . to exercise a minimum degree of care . . . (b) in providing the child with proper supervision or guardianship, [or] by unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof . . . .

The Supreme Court has interpreted this statute and enunciated the standard encapsulated within the phrase “minimum degree of care.”

[T]he phrase “minimum degree of care” refers to conduct that is grossly or wantonly negligent, but not necessarily intentional.
Conduct is considered willful or wanton if done with the knowledge that injury is likely to, or probably will, result. . . .
[A]ctions taken with reckless disregard for the consequences also may be wanton or willful. . . .
[T]he difference between merely negligent conduct and wanton and willful misconduct cannot be described with mathematical precision. . . .
Essentially, the concept of willful and wanton misconduct implies that a person has acted with reckless disregard for the safety of others.

[G.S. v. Dep't of Human Servs., Div. of Youth & Family Servs., 157 N.J. 161, 178-79 (1999).]

“The standard is not whether some potential for harm exists. A parent fails to exercise a minimum degree of care when she is ‘aware of the dangers inherent in a situation and fails adequately to supervise the child or recklessly creates a risk of serious injury to the child.’” New Jersey Div. of Youth & Family Servs. v. J.L., 410 N.J. Super. 159, 168-69 (App. Div. 2009) (quoting G.S., supra, 157 N.J. at 181.)

There is a vast gulf between carelessness and recklessness.

NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.

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