DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF CHILD PROTECTION AND PERMANENCY VS. A.I.(DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF CHILDPROTECTION AND PERMANENCY)(RECORD IMPOUNDED)
A-4838-14T4
| N.J. Super. Ct. App. Div. | May 11, 2017Background
- Father A.I. was investigated after his 7-year-old son, C.I., reported being struck on the buttocks at school; a photograph showing a bruise was taken but no medical treatment was sought.
- In interviews, the child said he was hit for potentially spilling juice; he told a detective the father used a gray electrical cord and said it occurred five or ten times and that corporal punishment had been used before.
- A.I. admitted hitting C.I., initially mentioning a wooden spoon but later agreeing with the electrical cord description; he testified at hearing he only ‘‘whacked’’ the child with his hand over clothing and denied prior incidents.
- An ALJ found the bruise minor, the incident singular, and that the Division failed to prove excessive corporal punishment by a preponderance of the evidence.
- The Division’s Assistant Commissioner rejected the ALJ, found A.I. severely beat C.I., concluded the injury was impairing and there was a pattern of past corporal punishment, and substantiated abuse, placing A.I. on the child-abuse registry.
Issues
| Issue | Plaintiff's Argument (Division) | Defendant's Argument (A.I.) | Held |
|---|---|---|---|
| Whether A.I. committed excessive corporal punishment | Evidence shows multiple strikes with an electrical cord causing impairment | Force was minor, single incident; child’s statements inconsistent; A.I. only struck over clothes | Reversed: record lacks preponderant evidence of excessive corporal punishment |
| Whether Assistant Commissioner properly modified ALJ factual findings | Agency may adopt/modify ALJ findings if supported by record | ALJ’s firsthand credibility findings should stand; modifications unsupported | Reversed: Assistant Commissioner’s contrary factual findings not supported by competent, credible evidence |
| Whether there was a pattern of prior corporal punishment | Child’s and siblings’ statements indicate past use of the cord | Statements uncorroborated; one son testified there were no prior incidents; A.I. denied prior abuse | Reversed: insufficient corroboration or competent evidence of a pattern |
| Whether the child’s injury was severe/impairing | Photographs and reports show significant injury warranting substantiation | Bruise was minor; no medical records; investigating detective not concerned; ALJ found injury not serious | Reversed: no credible evidence in record establishing severe impairment |
Key Cases Cited
- In re Taylor, 158 N.J. 644 (1999) (scope of appellate review of agency decisions)
- N.J. Div. of Youth & Family Servs. v. C.H., 414 N.J. Super. 472 (App. Div. 2010) (agency determinations upheld unless arbitrary or capricious)
- G.S. v. Dep't of Human Servs., 157 N.J. 161 (1999) (standard for reviewing agency decisions)
- N.J. Dep't of Children & Families' Inst. Abuse Investigation Unit v. S.P., 402 N.J. Super. 255 (App. Div. 2008) (court will not rubber-stamp agency decisions)
- Paff v. N.J. Dep't of Labor, 392 N.J. Super. 334 (App. Div. 2007) (administrative-review principles)
- N.J. Div. of Youth & Families Servs. v. K.A., 413 N.J. Super. 504 (App. Div. 2010) (remedy when agency decision arbitrary or unsupported)
- In re Herrmann, 192 N.J. 19 (2007) (agency action review standards)
- In re Lalama, 343 N.J. Super. 560 (App. Div. 2001) (need for careful review when agency reverses ALJ findings)
- N.J. Div. of Youth & Family Servs. v. P.W.R., 205 N.J. 17 (2011) (excessive corporal punishment is fact-sensitive)
- N.J. Dep't of Pub. Advocate v. N.J. Bd. of Pub. Utils., 189 N.J. Super. 491 (App. Div. 1983) (agency head authority to adopt, reject, or modify ALJ report)