RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
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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-1902-15T2
M.B.,
Appellant,
v.
NEW JERSEY DEPARTMENT OF
CHILDREN AND FAMILIES,
Respondent.
_______________________________
Submitted June 19, 2017 – Decided July 10, 2017
Before Judges Fisher and Fasciale.
On appeal from New Jersey Department of
Children and Families.
Maxwell Brothers, appellant pro se.
Christopher S. Porrino, Attorney General,
attorney for respondent (Andrea M. Silkowitz,
Assistant Attorney General, of counsel; Joann
M. Corsetto, Deputy Attorney General, on the
brief.)
PER CURIAM
M.B., the father of a child born in 2004, appeals from an
October 22, 2015 final agency decision by the New Jersey Division
of Child Protection and Permanency (Division) determining,
pursuant to N.J.A.C. 10:129-7.3(c)(3), that an allegation of
neglect had not been established. Such a determination allows the
Division to maintain a record of its investigation should future
interventions become necessary. M.B. requests that we modify the
results of the investigation by concluding that the allegations
of neglect are unfounded.
On appeal, M.B. argues the following points:
[Point I]
Facts do not support the finding of "not
established." A finding of "unfounded" is
supported by the facts. The agency has not
found ANY facts of the nature of those listed
in [N.J.S.A.] 9:6-21, definitions of child
abuse and neglect. Agency has acted
unreasonably and arbitrarily.
[Point II]
Agency acted arbitrarily, capriciously and
unreasonably in relying on the interview of
an impaired child whose testimony had
additionally been prejudiced and colored by
allegers of the neglect. The fact findings
are not credible and the agency acted
unreasonably and capriciously in its fact
finding[s].
[Point III]
Agency policies and procedures are arbitrary,
capricious and unreasonable in denying the in-
agency appeal of a "not established" finding.
2 A-1902-15T2
After careful consideration of the record, we are satisfied
that M.B.'s arguments lack sufficient merit to warrant discussion
in this opinion. R. 2:11-3(e)(1)(E).
Affirmed.
3 A-1902-15T2