PER CURIAM.
In this Title 9 case, defendant A.N. (Amy) appeals from the Camden County Family Part's dispositional orders that continued physical custody of her daughter N.S. (Nancy) with her father, defendant T.S. (Tom).
The pertinent facts may be briefly stated. This case began with a July 2013 referral to the Division of Child Protection and Permanency. Nancy had reportedly suffered burns to her back, arms, and knee. For several days, Amy did not seek medical care for Nancy's injuries. The Division removed Nancy from Amy's home and placed her with Tom. Amy's two younger children were also removed and placed with their maternal grandmother. Tom is not their father. They were later returned to Amy, and are not the subject of this appeal. At subsequent hearings, the court continued custody of Nancy with Tom. Meanwhile, Amy was ordered to attend substance abuse treatment, based on her history of marijuana use.
On October 25, 2013, in lieu of a fact-finding hearing, Amy stipulated that she had abused or neglected Nancy by failing to seek prompt medical attention for her injuries. The court accepted Amy's stipulation and found that Amy abused or neglected Nancy by "fail[ing] to promptly seek medical attention for significant injury to the child." That finding is not challenged on appeal.
The court held a three-day dispositional hearing in March 2014, at which a Division caseworker, Amy, and Tom testified. Applying
Shortly thereafter, Tom sought custody under an open FD case. On June 6, 2014, the court entered an order under the FD docket granting Tom primary residential custody, and Tom and Amy joint legal custody. The court relied on its findings in the FN matter. The court entered a companion order under the FN docket that noted physical custody of Nancy was continued with Tom under the FD docket.
The FN case was transferred to Essex County after Amy moved there. The court terminated the FN litigation in an October 27, 2014 order, which erroneously stated that physical custody of all three children was "continued with" Amy.
Amy appeals from the March 27 and June 6 FN orders. She contends the court erred in finding that Nancy could not be safely returned to her. She relies on the fact that her other two children were returned to her without contest. She also argues that the evidence of her continued marijuana use was insufficient to demonstrate a threat to Nancy's safety. She relies on our decisions that require a greater showing than the simple fact of drug use to establish abuse or neglect.
The Division, Law Guardian, and Tom oppose Amy's appeal. In addition to opposing Amy's appeal on the merits, the Division and Tom argue that Amy's challenge to the court's dispositional orders is moot, since she does not challenge the FD order. As we agree that the appeal is moot, we need not reach the issues Amy raises with respect to the dispositional orders.
"An issue is moot when the decision sought in a matter, when rendered, can have no practical effect on the existing controversy."
Even if we reversed the dispositional orders that Amy challenges, the unchallenged FD order granting Tom primary residential custody would remain in place. Consequently, a decision on Amy's appeal "can have no practical effect on the existing controversy."
Although we dismiss Amy's appeal as moot, we remand to the Essex County Family Part to correct the October 27 order terminating the FN litigation to reflect that primary residential custody was granted to Tom under the FD docket.
Appeal dismissed.