Corey Micciolo Abuse/Death Investigation
Sean Nelson Boero made this OPRA request to New Jersey Division of Children & Families Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.
Dear New Jersey Division of Children & Families,
Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-6(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.
I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.
I WILL NOT use the requested government records for a commercial purpose.
I AM NOT seeking records in connection with a legal proceeding.
Records requested:
I am respectfully requesting the report related to a response by DCPP Investigator Mark Waltonowski on March 26, 2021 to Barnegat, NJ related to a report/request from the Barnegat, NJ Police Department to investigate the reported neglect of Corey Micciolo. Department of Children and Families Public CCAPTA Reports January 2022 – December 2022 posted https://www.nj.gov/dcf/reporting/fatalit... that:
"On 03/26/2021, a concern was received that the father utilized inappropriate discipline to punish C.M. The father had placed C.M. on a treadmill on a very fast setting which caused him to fall, and he sustained injuries to his forehead, chest, hip, eye, arms and legs. There was also a concern that C.M. was slapped in the face. The Ocean County Prosecutor’s Office was notified and interviewed C.M. who denied being physically abused by his father. Both the father and C.M. reported that the injuries occurred by C.M. falling off the treadmill and while playing football. The school nurse was interviewed and noted examining C.M. on 3/15/21 and 3/21/21 and confirmed that C.M. reported sustaining these injuries while playing football and had no concerns of abuse. The Division reviewed the video of the treadmill incident and observed C.M. running and falling on the treadmill. The father was observed to pick C.M. back up and C.M. fell multiple times before getting off the treadmill on his own. The father also appeared to bite C.M.’s head in the video. C.M. was referred to the Child Protection Center (CPC) for a medical evaluation and CPP requested the child be evaluated by a child
abuse expert but the father refused. "
Kindly review your records and release the records used to support the above statement. Thanks so much.
My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.
Yours faithfully,
Sean Nelson Boero
Good afternoon,
NJ DCF OPRA is in receipt of the below request.
Your request for records must be denied under OPRA. The Department can neither confirm nor deny the existence of any such records regarding allegations or investigations of child abuse, including Institutional Abuse records, due to their high degree of confidentiality. N. Jersey Media Grp. v. Bergen Cnty. Prosecutor’s Office, 447 N.J. Super. 182 (App. Div. 2016). The contents of the Department’s investigative records and case files are confidential under N.J.S.A. 9:6-8.10a, which provides that “all information obtained by [the Department] in investigating such reports . . . shall be kept confidential” and therefore exempt from OPRA. (Effectuated by N.J.S.A. 47:1A-9(a), “[OPRA] shall not abrogate any exemption of a public record or government record from public access heretofore made pursuant to . . . any other statute.”).
Your closing receipt is attached.
Thank you,
Allyson Mahoney, Esq.
Ethics Liaison Officer | OPRA Custodian
NJ Department of Children and Families
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