RECORD IMPOUNDED

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

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.

NOT FOR PUBLICATION WITHOUT THE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.

May 18, 2017
2 A-2413-15T4

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 DuttonSchaffer, 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-yearold 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 
3 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.