In a Decision – Div. of Child Protection and Permanency v. J.C (an "Unreported Decision") >> the Court Held:
The Appellate Division concluded that admitting the sergeant’s statements into evidence deprived appellants of a fair hearing, and may have unduly affected the trial judge’s credibility findings and conclusions that appellant abused and neglected his minor child.
Father was charged with abuse and neglect of his minor child. The trial judge admitted into evidence the caseworker’s lengthy investigative report, which contained numerous statements from a responding sergeant. In the report, the caseworker noted that the sergeant kept her informed about a search of the house and that drugs were seized from the residence. The caseworker further stated in the report that the mother informed the sergeant that appellant used heroin and another person was selling drugs out of the house. Neither the sergeant nor the mother testified at the hearing. The trial court found that appellant abused and neglected the minor child because he was under the influence of heroin and allowed drug dealing out of the home. The Appellate Division reversed and remanded for a new fact-finding hearing.