DYFS v. I.H.C. and D.C. A-2208-09T4

DYFS v. I.H.C. and D.C.

A-2208-09T4 08-05-10

In this abuse or neglect case, we hold that N.J.R.E. 404(b)

did not bar consideration of the father's acts of domestic

violence against his ex-wife and the children of that marriage

about seven years earlier to prove risk of harm to the children

of this marriage. We also hold that domestic violence that

presents risk to children in an abuse or neglect case can be

broader than the meaning of that term under the Prevention of

Domestic Violence Act. As testified by the experts, the

father's coercive control of the mother, together with both

parents' denial of and failure to treat their psychological

conditions, posed a risk of harm to the children. In reaching

these holdings, we address and distinguish DYFS v. H.B., 375

N.J. Super. 148 (App. Div. 2005), and DYFS v. S.S., 372 N.J.

Super. 13 (App. Div. 2004), certif. denied, 182 N.J. 426 (2005).