Dcpp v. J.D., in the Matter of the Guardianship of M.D.

CourtNew Jersey Superior Court Appellate Division
DecidedJuly 7, 2025
DocketA-1071-23
StatusUnpublished

This text of Dcpp v. J.D., in the Matter of the Guardianship of M.D. (Dcpp v. J.D., in the Matter of the Guardianship of M.D.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dcpp v. J.D., in the Matter of the Guardianship of M.D., (N.J. Ct. App. 2025).

Opinion

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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 NO. A-1071-23

NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY,

Plaintiff-Respondent,

v.

J.D.,

Defendant-Appellant,

and

F.P.-L., S.O., M.A., and A.G.,

Defendants. _________________________

IN THE MATTER OF THE GUARDIANSHIP OF M.D., O.C.D., and C.G., minors. _________________________

Submitted May 7, 2025 – Decided July 7, 2025

Before Judges Mayer and DeAlmeida. On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Passaic County, Docket No. FN-16-0068-21.

Jennifer Nicole Sellitti, Public Defender, attorney for appellant (Beth Anne Hahn, Designated Counsel, on the briefs).

Matthew J. Platkin, Attorney General, attorney for respondent (Melissa H. Raksa, Assistant Attorney General, of counsel; Renee Greenberg, Deputy Attorney General, on the brief).

Jennifer Nicole Sellitti, Public Defender, Law Guardian, attorney for minors (Meredith Alexis Pollock, Deputy Public Defender, of counsel; Jennifer M. Sullivan, Assistant Deputy Public Defender, on the brief).

PER CURIAM

Defendant J.D. (John)1 appeals from the August 11, 2023 order of the

Family Part finding he abused and neglected three children. We affirm.

1 We identify the parties and children by initials pursuant to Rule 1:38-3(d)(12).

A-1071-23 2 I.

John is the biological father of M.D. (Marie) and O.C.D. (Charlie) , who

were minors at the times relevant to this appeal. He and his children lived with

his paramour, defendant A.G. (Amy), and her infant son C.G. (Chad).2

On December 24, 2020, a pediatric urgent care center contacted plaintiff

Division of Child Protection and Permanency (DCPP) to report concerns about

Chad, then twenty-two-months old, after he was evaluated for abdominal pain.

Medical staff reported Chad had an "enormously extended belly with bruising

all over his abdomen," more extensive bruising on his right side, and had been

in pain and suffering from diarrhea for a week. Amy told medical staff Chad's

bruising was from playing with the other children. Staff also observed bruising

on Chad's left lower jaw and central forehead, which Amy said was from falling

out of bed. The medical staff did not find Amy's explanations consistent with

Chad's injuries, determined the child "seemed very unwell," and instructed Amy

to bring Chad directly to the emergency room.

Amy took Chad to St. Joseph's University Medical Center, where she was

met by DCPP Special Response Unit (SRU) workers. Amy told the SRU

2 Defendant M.A. is Chad's biological father. Defendants F.P.-L. and S.O. are Marie and Charlie's biological mothers, respectively. No findings were made against Amy, M.A., F.P.-L., or S.O., and they are not parties to this appeal. A-1071-23 3 workers Chad had been in pain for a week, but his pediatrician did not think

there was anything wrong with him. Amy stated Chad's belly button was

"pushed out" but the pediatrician instructed her that when that happens "to push

it back in." She said she brought Chad to urgent care because his stomach was

very bloated and he was complaining of pain. The SRU workers observed and

photographed Chad's bruises and contacted the Passaic County Prosecutor's

Office (PCPO), which opened an investigation.

Medical staff discovered Chad suffered from a bucket-handle tear to the

connective tissue which attaches the intestines to the posterior wall of the

abdomen. The injury occurred in two steps: the immediate ripping of the bowel

off the abdomen wall, followed by devascularization – a lack of blood flow – to

the intestines. The injury causes cells to die, leaving the affected areas

susceptible to necrosis, which, if untreated, leads to sepsis, low blood pressure,

and death.

Later that night, Chad underwent surgery to remove about a foot of his

intestines considered "dead muscle." Hospital staff expressed concerns Chad's

abdominal injury was non-accidental. He remained hospitalized until December

31, 2020.

A-1071-23 4 The following day, after learning Marie and Charlie resided with John and

Amy, DCPP workers visited the family home to implement a safety protection

plan (SPP). Under the SPP, John agreed to have a family friend stay in the home

to supervise contact between John, Amy, and the children. John told DCPP

workers he was aware of Chad's abdominal injury, but denied knowing its cause.

He speculated Chad may have hurt himself by "jumping around." John stated

Amy had taken Chad to the doctor three times in the past month and attributed

the child's jaw and forehead bruises to him having fallen off a bed.

John said Amy moved into his home with Chad in November 2020.

According to John, the child was not sick when he moved into the home.

Because John and Amy worked different shifts – he from 5:00 p.m. to 12:00

a.m. and she from 3:00 a.m. to 7:00 a.m. – they shared child care responsibilities.

DCPP workers interviewed Marie and Charlie. Five-year-old Marie said

she was sad because Chad had been "cut in the stomach." She described Chad's

stomach as "very big" and said he had been sick and was "always throwing up

and pooping around the house." She stated Chad had vomited on the couch

before going to the hospital. Eight-year-old Charlie explained Chad was not in

the house because he had to go to the doctor for his stomach because his "belly

was so big."

A-1071-23 5 DCPP workers returned to the home on December 28, 2020. Amy told the

DCPP caseworker she "recently" learned Marie had hit Chad in the stomach with

a hammer after Chad bit her a week or two earlier. Amy denied hearing Chad

cry or complain of pain when the incident happened and denied seeing any

bruises on the child. Amy claimed she was not aware of the incident until Marie

told her about it.

A PCPO investigator interviewed Marie and Charlie the next day,

December 29, 2020. The interviews were recorded on video. Marie said she

injured Chad when she hit him in the stomach with a hammer after Chad bit her

on the wrist. She described the hammer, which she obtained from a suitcase in

the living room, as "heavy" and "hard." Marie first said Chad was standing up

when she hit him and did not fall down when he was struck. She later changed

her story and said Chad fell after being hit. Marie said after she struck Chad he

cried until she gave him a hug and a kiss. According to Marie, Chad then got

into his own bed and went to sleep.

Charlie told the investigator Marie had a hammer in her hand when he saw

Chad bite Marie on the arm. Charlie then saw Marie hit Chad with the hammer.

Charlie said Chad was standing up when he was hit with the hammer, did not

fall, and started to cry. Charlie stated he took the hammer from Marie, gave

A-1071-23 6 Chad a hug, and told Marie to sit down. According to Charlie, Chad stopped

crying after the hug and followed him out of the room as he returned the hammer

to the suitcase in the living room.

John told a DCPP case worker Amy was sometimes "really aggressive."

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