New Jersey Appellate Division Finds Father’s Beating of Son Due to Son’s Sexuality to be Abuse and Neglect

In a May 24, 2017 per curiam opinion, the Appellate Division of the New Jersey Superior Court upheld the Family Part’s finding that a father, motivated by anti-gay bias, who punched his son so hard the son lost consciousness, had abused and neglected his son within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b). New Jersey Div. of Child Prot. & Permanency v. N.H., 2017 N.J. Super. Unpub., LEXIS 1783.

According to New Jersey law, an abused or neglected child is “a child less than 18 years of age . . . whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of...his parent or guardian...unreasonably inflicting or allowing to be inflicted harm, or substantial risk thereof, including the infliction of excessive corporal punishment.”

For the full story, access the September 2017 issue of LGBT Law Notes.