Legal Opinion · Concurrence

New Jersey Division of Youth & Family Services v. V.M.

New Jersey Superior Court Appellate Division

Decided July 16, 2009Published

1Concurrence

CARCHMAN, P.J.A.D.

(concurring).

Defendants V.M. and B.G. are the biological parents of J.M.G., born on April 16, 2006. During her hospitalization in anticipation of J.M.G.’s delivery, V.M. demonstrated combative and erratic behavior including a refusal to consent to a cesarean section (c-section)1. L Despite the medical opinion that the fetus demonstrated signs of distress and that the procedure was necessary to avoid imminent danger to the fetus, the child was born by vaginal delivery without incident.

After the birth of the child, plaintiff Division of Youth and Family Services (DYFS)…

2Cases cited36 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Stanley v. IllinoisSupreme Court of the United States · 1972
  3. Parham v. J. R.Supreme Court of the United States · 1979
  4. New Jersey Division of Youth & Family Services v. M.M.Supreme Court of New Jersey · 2007
  5. In Re the Guardianship of K.H.O.Supreme Court of New Jersey · 1999

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