DCPP VS. D.M., D.M., S.N. AND E.A.IN THE MATTER OF D.M., D.N. AND A.A.(FN-04-248-15, CAMDEN COUNTY AND STATEWIDE)(RECORD IMPOUNDED)

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court."
Although it is posted on the internet, this opinion is binding only on the
parties in the case and its use in other cases is limited. R.1:36-3.

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2413-15T4

NEW JERSEY DIVISION OF CHILD
PROTECTION AND PERMANANCY,

Plaintiff-Respondent,

v.

D.M.,

Defendant-Appellant,

and

D.M., S.N., and E.A.,

Defendants.
_______________________________

IN THE MATTER OF
D.M., D.N., and A.A.,

minors.

_______________________________

Submitted May 9, 2017 – Decided May 18, 2017

Before Judges Reisner and Mayer.

On appeal from the Superior Court of New
Jersey, Chancery Division, Family Part, Camden
County, Docket No. FN-04-248-15.
 Joseph E. Krakora, Public Defender, attorney
for appellant (Kimmo Z. H. Abbasi, Designated
Counsel, on the brief).

Christopher S. Porrino, Attorney General,
attorney for respondent (Melissa Dutton-
Schaffer, Assistant Attorney General, of
counsel; William T. Harvey, Jr., Deputy
Attorney General, on the brief).

Joseph E. Krakora, Public Defender, Law
Guardian, attorney for minor A.A. (Nancy P.
Fratz, Assistant Deputy Public Defender, on
the brief).

PER CURIAM

Defendant D.M. appeals from a March 6, 2015 fact finding

order determining that she abused or neglected her twelve-year-

old daughter A.A., by inflicting excessive corporal punishment.

See N.J.S.A. 9:6-8.21(c)(4) (defining an abused or neglected child

as including a child subjected to excessive corporal punishment).

We affirm, substantially for the reasons stated by Judge Angelo

J. DiCamillo, in his oral opinion placed on the record on March

6, 2015.

The facts can be stated briefly. The Division presented

evidence that during an altercation with her daughter, defendant

put her knees on the child's chest, put her hands around the

child's neck, and tried to strangle her. Thereafter, the daughter

was taken to the hospital for evaluation, including a CT scan.

As part of its evidence, the Division presented the child's hearsay

2 A-2413-15T4
statement. The statement was corroborated by testimony from a

case worker, who met the daughter at the hospital and photographed

the bruises and red marks on the child's neck and face, and the

bumps and swelling around her face. See N.J.S.A. 9:6-8.46(a)(4)

(permitting the admission of a child's corroborated hearsay

statements in a Title 9 case). The Division introduced the

photographs in evidence. At the hearing, defendant did not

testify, and she did not contest that the "incident" occurred.

Rather, through counsel, she claimed the incident did not rise "to

the level of excessive" corporal punishment.

Judge DiCamillo found that the alleged assault occurred and

that it constituted excessive corporal punishment. Contrary to

defendant's argument on this appeal, we find that Judge DiCamillo's

decision is supported by substantial credible evidence. R. 2:11-

3(e)(1)(A). Defendant's appellate contentions are without

sufficient merit to warrant further discussion. R. 2:11-

3(e)(1)(E).

Affirmed.

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