5-9-11 The denial of the state's motion to transfer jurisdiction from the family part to the Law Division is reversed where defendants were 17 years old when they were charged with Chart 1 offenses. Both defendants were just shy of eighteen when they were charged with Chart 1 offenses, including murder. Defendants' claims of duress and renunciation do not negate the existence of probable cause to believe they committed a delinquent act and are insufficient to defeat waiver.
Wednesday, June 1, 2011
NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS. A.R., J.R., W.B., AND J.H. IN THE MATTER OF N.R., I.R., AND J.H. A-3161-10T4
5-10-11 The undisputed facts revealed that defendant left his ten-
month child to sleep on a twin bed without railings, while a
ten-year old child also slept in the bed, near an operating
radiator; the ten-month old child was found the next morning on
the floor suffering severe burns from the hot radiator. The
trial court found defendant was merely negligent and the child
neither abused nor neglected within the meaning of N.J.S.A. 9:6-
8.21(c). The court granted leave to appeal and reversed,
concluding in its application of the statutory standard, as
interpreted in G.S. v. Dep't of Human Servs., 157 N.J. 161
(1991), that defendant was grossly negligent because "an
ordinary reasonable person" would understand the situation posed
dangerous risks and defendant acted without regard for the
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