DCPP VS. L.S. AND R.S. IN THE MATTER OF L.S. (FN-09-0431-15, HUDSON COUNTY AND STATEWIDE)(RECORD IMPOUNDED), A-4843-15T2

Child L.S., born August 2012, is medically fragile (premature birth, ventricular issues, ventriculoperitoneal shunt).
Officer Lawson observed defendant (mother) yelling at child in a stroller, striking child on thigh with a rag and open hand, then picking up and forcefully throwing the child to the ground; EMT examination found no injury.
Division caseworker Kennedy interviewed defendant and the child; defendant denied striking or throwing the child and characterized her actions as discipline for a tantrum.
Division filed abuse/neglect charges for excessive corporal punishment; defendant did not testify or present evidence at the fact-finding hearing.
Trial judge found defendant's conduct constituted willful or wanton negligence and reckless disregard for the child’s safety; this appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mother’s discipline amounted to excessive corporal punishment constituting abuse/neglect	The physical acts (smacking with rag/open hand and throwing child to ground) created significant risk of harm, especially given child’s medical fragility	A momentary lapse of judgment that caused no actual injury or imminent harm does not rise to excessive corporal punishment	Held: Yes. Conduct was willful/wanton negligence and reckless disregard for safety; excessive corporal punishment proven by preponderance of evidence
Whether judicial notice of child’s medical fragility was permissible without medical testimony	Division relied on pediatric records and caseworker testimony about child’s medical history to show increased vulnerability	Absent testimony from a medical witness, judge should not judicially notice that the child’s conditions made her more fragile than average	Held: Permissible — judge reasonably relied on records and testimony to consider child’s medical vulnerability in assessing risk

Div. of Youth & Family Servs. v. K.A., 413 N.J. Super. 504 (App. Div. 2010) (discusses excessive corporal punishment standard)
N.J. Div. of Youth & Family Servs. v. P.W.R., 205 N.J. 17 (2011) (Supreme Court guidance on child-abuse adjudications)
N.J. Div. of Youth & Family Servs. v. S.H., 439 N.J. Super. 137 (App. Div. 2015) (recent appellate treatment of excessive corporal punishment)
N.J. Div. of Youth & Family Servs. v. F.M., 211 N.J. 420 (2012) (standard for substantial credible evidence review)
N.J. Div. of Youth & Family Servs. v. A.R., 419 N.J. Super. 538 (App. Div. 2011) (appellate review principles in child-protection matters)