NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.L.G., A-1746-13

On March 29–30, 2012 the Division received a school referral: seven‑year‑old Mary returned with facial and body bruises; some bruises matched the imprint of a perforated metal spoon/spatula.
The mother, Y.A. (Yvette), eventually admitted beating Mary with her hand/fist and a perforated metal spatula for disciplining (e.g., eating slowly); medical exam showed multiple bruises and recommended symptomatic care.
Defendant J.L.G., Yvette’s paramour and a household caregiver who the children called “dad,” was present during the beating, acknowledged seeing Yvette strike Mary with her hand, said he told Yvette to stop, walked away holding his infant, and did not report the incident.
The Family Part found Yvette committed excessive corporal punishment and found defendant abused/neglected Mary under N.J.S.A. 9:6‑8.21(c)(4)(b) for failing to supervise, intervene, or report.
On appeal defendant argued (1) the record lacked credible evidence he knew Yvette used a spatula or witnessed excessive corporal punishment, and (2) trial court admitted speculative testimony about what he could have done (the latter deemed invited error).
The Appellate Division majority affirmed, reasoning defendant was a guardian who observed the beating, appreciated its severity (walked away to shield infant and warned Yvette), had opportunity to intervene or report, and thus failed to exercise the statutory minimum degree of care. Judge Guadagno dissented.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant, as a guardian, abused/neglected Mary by unreasonably allowing excessive corporal punishment under N.J.S.A. 9:6‑8.21(c)(4)(b)	Defendant was present, knew or should have known the beating was severe (warned Yvette, walked away to shield infant), had opportunity to stop or report, and failing to do so is grossly/wantonly negligent	Defendant only saw hand strikes, told Yvette to stop, was holding an infant, did not see any instrument, and reasonably tried to stop — insufficient proof he knew of or allowed excessive punishment	Affirmed: sufficient credible evidence to infer defendant knew of severity, had opportunity to intervene or report, and failed to exercise minimum degree of care
Whether caseworker testimony about alternative actions defendant could have taken was admissible	Testimony assisted trier of fact in assessing reasonableness of defendant’s alternatives	Admission was speculative and improperly considered	Not reached on merits — appellee’s objection was invited error by defendant on cross‑examination; issue precluded on appeal

M.C. III v. N.J. Div. of Youth & Family Servs., 201 N.J. 328 (N.J. 2010) (appellate deference to family court credibility findings)
P.W.R. v. N.J. Div. of Youth & Family Servs., 205 N.J. 17 (N.J. 2011) (standard for abuse/neglect findings and nonexcessive corporal punishment example)
N.S. v. N.J. Div. of Youth & Family Servs., 412 N.J. Super. 593 (App. Div. 2010) (preponderance standard and inferences in Title 9 proceedings)
L.L. v. N.J. Div. of Youth & Family Servs., 201 N.J. 210 (N.J. 2010) (review standard: substantial credible evidence supports findings)
G.S. v. Dep’t of Human Servs., 157 N.J. 161 (N.J. 1999) (minimum degree of care, willful/wanton/gross negligence standard)
F.M. v. N.J. Div. of Youth & Family Servs., 211 N.J. 420 (N.J. 2012) (guardian’s obligation to protect child from harms inflicted by another parent)
C.H. v. N.J. Div. of Youth & Family Servs., 414 N.J. Super. 472 (App. Div. 2010) (use of instrument to discipline a young child can constitute excessive corporal punishment)