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Tuesday, November 2, 2010

DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES v. C.H. A-4786-08T1

DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES v. C.H.

A-4786-08T1 10-05-10

An ALJ found that a parent's corporal punishment of a four- year-old who reported to a neighbor that there was no electricity in their home was insufficient to sustain an allegation of abuse under N.J.S.A. 9:6-8.21(c). The Director disagreed, finding that given the reason for inflicting the corporal punishment, the fact that the child was struck multiple times, and the parent's history of questionable corporal punishment, the abuse had been substantiated. We affirmed and agreed the Director properly considered the parent's past admitted history of corporal punishment inflicted upon the child.