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L.A. EX REL. S.A. v. DIV. OF YOUTH AND FAMILY

A-55/56 September Term 2012, 071921

89 A.3d 553 (2014)

217 N.J. 311

L.A., as Parent and Legal Guardian of S.A., a minor, and L.A., individually, Plaintiff-Respondent, v. NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES; New Jersey Department of Human Services, now known as Department of Children and Families; Kevin M. Ryan, Former Commissioner; Eileen Crummy, Director of Division of Youth and Family Services; Charles Venti, Former Director of Division of Youth and Family Services; Shalonda Martin; Richard Klein, Ed.D.; Catherine Hines, Cads; Gwendolyn Armstrong; Aubrey Lutz; Andrea Stokes; Monica Dudak; and Paulette Tarica, Defendants, and Jersey Shore University Medical Center, Defendant-Respondent and Cross-Appellant, and Daniel Yu, M.D., Defendant-Appellant and Cross-Respondent.

Supreme Court of New Jersey.

Decided April 23, 2014.

Attorney(s) appearing for the Case

Hugh P. Francis argued the cause for appellant and cross-respondent (Francis & Berry and Buckley Theroux Kline & Petraske, attorneys; Sean P. Buckley , Princeton, of counsel; Michael P. Opacki , on the briefs).

Richard A. Amdur , Eatontown, argued the cause for respondent and cross-appellant (Amdur, Maggs & Shor, attorneys).

David A. Mazie argued the cause for respondent (Mazie Slater Katz & Freeman, attorneys; Mr. Mazie , David M. Freeman , Roseland, and David M. Estes , on the brief).

Mary M. McManus-Smith argued the cause for amicus curiae Legal Services of New Jersey ( Melville D. Miller, Jr. , President, attorney; Ms. McManus-Smith , Mr. Miller , and Jeyanthi C. Rajaraman , on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

The question presented in this medical malpractice matter concerns the statutory standard to determine when reporting of suspected child abuse is required. A toddler was brought to a hospital's emergency room for treatment of what was assessed as accidental cologne ingestion. The child was treated and released from the hospital's emergency department to the care of her father the same evening.

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