N.J. Div. of Child Prot. and Permanency v. D.H.

Two parents appealed the Chancery Division’s order terminating their parental rights based on their recreational use of marijuana. The Appellate Division initially agreed with the parents. It held that “a parent’s status as a recreational marijuana user cannot suffice as the sole or primary reason to terminate that parent’s rights” unless case-specific evidence is proven to endanger the child. But the Court nonetheless affirmed the lower court’s order terminating parental rights because the court found sufficient evidence beyond simple recreational marijuana use to support the findings.

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