DCPP VS. G.J-J. AND D.A., IN THE MATTER OF G.D., D.A., JR., B.A., AND H.A. (FN-07-0455-17, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED)


RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although 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. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NOS. A-2102-18T2 A-2103-18T2 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v. G.J-J. and D.A., Defendants-Appellants. _________________________ IN THE MATTER OF G.D., D.A., JR., B.A., and H.A., Minors. _________________________ Submitted March 18, 2020 – Decided April 8, 2020 Before Judges Koblitz, Whipple and Mawla. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Essex County, Docket No. FN-07-0455-17. Joseph E. Krakora, Public Defender, attorney for appellant G.J.-J. (Robyn A. Veasey, Deputy Public Defender, of counsel; Laura M. Kalik, Designated Counsel, on the briefs). Joseph E. Krakora, Public Defender, attorney for appellant D.A. (Robyn A. Veasey, Deputy Public Defender, of counsel; Ilea Anne Kozak, Designated Counsel, on the briefs). Gurbir S. Grewal, Attorney General, attorney for respondent (Donna Sue Arons, Assistant Attorney General, of counsel; Mary L. Harpster, Deputy Attorney General, on the brief). Joseph E. Krakora, Public Defender, Law Guardian, attorney for minor G.D. (Melissa R. Vance, Assistant Deputy Public Defender, of counsel and on the brief). PER CURIAM Defendants G.J.-J1 (Gina) and D.A. (David) appeal from an October 6, 2017 order finding that they abused or neglected G.D. (Gaby), born in 2004, Gina's biological daughter and David's stepdaughter, by inflicting and allowing to be inflicted upon her excessive corporal punishment. We consolidated both appeals. When Gaby returned home from school later than expected, Gina began hitting Gaby with a belt for lying about her whereabouts. David watched, but 1 We use initials and pseudonyms to preserve the privacy of the parties. R. 1:38-3(d)(12). A-2102-18T2 2 other than telling Gina to stop, he did not interfere. We affirm the findings against both defendants. As shown by security footage, the matter escalated into Gina pushing Gaby into a corner of an elevator where she continued to yell at her. Gina proceeded to pull Gaby out of the elevator and bite her arm. Gaby ran to the apartment complex's security booth, and the guards called the police. Although Gina and David attempted to convince Gaby to return home, she refused. The police took Gaby to the hospital and the matter was referred to the Division of Child Protection and Permanency (Division). During the Division's investigation, D.A. Jr. (David Jr.), born 2010, B.A. (Beatrice), born 2013, and H.A. (Helene), born 2015, David and Gina's biological children, were taken into the Division's custody. While Gina admitted to hitting Gaby with a belt on the day of the incident and on previous occasions, she denied ever biting her. David Jr., Beatrice and Helene were later returned, but Gaby, who did not want to come home, was adopted by relatives living in Canada. I. Since the age of two, Gaby lived ...

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