## RECORD IMPOUNDED

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO . A - 2413
- 15T4
NEW JERSEY DIVISION OF CHILD PR OTECTION 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. ,

m inors.

_______________________________

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court . " A lthough 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, 20172 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 Dutton

Schaffer, Assistant Attorney General, of counsel; William T. Harvey, Jr., Deputy Attorney General, on the brief).
Jos eph 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 in cluding 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 present ed 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 eval uation, including a CT sca n. As part of its evidence, t he Division presented the child's hearsay3 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 fac e, and the bump s 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 constitute d 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.