A mother did not abuse or neglect her newborn daughter by leaving her in the hospital after the baby was born and giving authorities an incorrect phone number and address, New Jersey’s highest court ruled Tuesday.
The division later dropped the abandonment offense and filed a claim of abuse and neglect instead. A trial court and an appeals court agreed Beth had been abusive and neglectful.“Beth did not carelessly leave Mia alone on a street corner or in an alleyway without food or shelter, putting her at risk. Beth left Mia at a hospital -- one of the safest places for a newborn child to be,” wrote
Molly Linhorst, staff attorney for the American Civil Liberties Union of New Jersey, which filed a brief in support of the parent, praised the decision. “The Division detailing a parade of possible bad outcomes from a situation is not enough, and until this case has been a frequent practice of DCPP,” McManus-Smith said. “Going forward, the court’s decision today makes clear that the standard for child abuse or neglect requires either actual injury to the child or ‘imminent danger of the child becoming impaired.