New Jersey Court Case: Adoption of Two Children by A.M.

IN THE MATTER OF THE ADOPTION OF TWO CHILDREN BY A.M. AND L.M. 

A-3705-77, A-1709-78 

Superior Court of New Jersey, Appellate Division 

170 N.J. Super. 320; 406 A.2d 468

March 5, 1979, Argued 

August 17, 1979, Decided 

On appeal from Middlesex County Court. 

COUNSEL:
Mr. Richard J. Bennett, Middlesex County Legal Services Corporation, argued the cause for appellants -- natural parents J.B. and P.B. 
Mr. Dennis J. Cummins, Jr., argued the cause for respondents A.M. and L.M. 
Ms. Erminie L. Conley, Assistant Attorney General, argued the cause for Division of Youth and Family Services (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Richard S. Weiner, Deputy Attorney General, on the memorandum). 

JUDGES:
Allcorn, Seidman and Botter. The opinion of the court was delivered by Seidman, J.A.D. 

SEIDMAN, J. 

At issue in this matter is the propriety of a judgment entered in the Middlesex County Court for the adoption of two children by A.M. and L.M., with whom the children had been placed by the Division of Youth and Family Services (DYFS) as foster parents pursuant to an order issued by the Middlesex County Juvenile and Domestic Relations Court in a proceeding under N.J.S.A. 30:4C-12. The natural parents, who had vigorously contested the adoption, appealed from the judgment. 
Claiming that they could not afford the cost of furnishing transcripts of the 16-day hearing or to pay the required deposit of $ 3,200, the natural parents sought from this court an order for a transcript to be prepared at public expense under R. 2:5-3(d). The motion was denied without prejudice to an application for that purpose to the trial court. The natural parents moved before the Supreme Court for leave to appeal. The motion was granted only to the extent of directing acceleration of the appeal and ordering prompt application to the trial court for the transcript. After a hearing on that issue the trial judge ordered DYFS to provide funds for the deposit for and payment of the full cost of the transcript, with reimbursement to be made by the children's natural father at the rate of $ 25 a month. DYFS appealed from this order. We stayed the order pending our determination of this aspect of the appeal. 
In the course of the several motions made before us the natural parents questioned whether the County Court had "jurisdiction" to entertain the complaint for adoption in view of the purpose for which the children had been placed with the adoptive parents and the pending proceedings in the Juvenile and Domestic Relations Court. Although the point was not raised below, we deemed it of sufficient importance to be noticed as plain error under R. 2:10-2. We also were of the view that if the issue were to be resolved in favor of the natural parents, the need for a transcript of the adoption proceedings would be rendered moot. Accordingly, we directed the filing of briefs on the indicated limited issue and heard it on an accelerated basis. For reasons that follow, we determine that the judgment of adoption should be reversed and the matter remanded to the Middlesex County Juvenile and Domestic Relations Court for such further proceedings as may be appropriate. 

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