Search Rutgers Law Library N.J. Court Opinions

106 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.B. -- rank: 675

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also A.W., 103 N.J. at ... a possible resource placement. Inasmuch as the fourth prong of N.J.S.A. 30:4C-15.1(a) requires balancing the potential future harm from retaining ... 418, 434 (App. Div. 2002) (first alteration in original) (quoting N.J.S.A. 30:4C-15.1(a)(2)). The second prong may be met by ... finding that the Division provided reasonable services as defined in N.J.S.A. 30:4C-15.1(c). Turning to the second part of the third ... litigation risk that a Family Part judge will conclude, under N.J.S.A. 30:4C-15.1(a)(3), that it has failed to prove by ... to termination of parental rights were considered' as required by N.J.S.A. 30:4C-15.1(a)(3). The Division conducted an emergency removal ...

docket:	a0498-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-15
status:	Unpublished
citation:
Document Size:	53345

107 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.D.W. -- rank: 675

... by clear and convincing evidence,' under A-2267-18T2 6 N.J.S.A. 30:4C-15.1, and entered an order terminating T.D.W.'s ... grant the petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence. In ... by clear and A-2267-18T2 8 convincing evidence under N.J.S.A. 30:4C-15.1(a) that it was in A.C.W.'s ... or will continue to be endangered by the parental relationship. . . .' N.J.S.A. 30:4C-15.1(a)(1). '[T]he Division must prove harm that ... arising out of the parental relationship [that is] cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2).' Id. at 380-81 (citing ... first prong of the best interests of the child standard, N.J.S.A. 30:4C-15.1(a)(1), that T.D.W. caused harm ...

docket:	a2267-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-11
status:	Unpublished
citation:
Document Size:	30980

108 /usr/local/share/www/libweb/collections/courts/appellate/a4386-18.opn.html -- rank: 673

... referred the parents for numerous services, but eventually, pursuant to N.J.S.A. 30:4C-15.1, it filed a complaint seeking to terminate their parental ... court determined that the Division had satisfied the elements of N.J.S.A. 30:4C- 15.1(a)(1) to (4) by clear and convincing evidence ... his parental rights, and that the Division failed to satisfy N.J.S.A. 30:4C-15.1(a)(4). Having reviewed the record, and in light ... by the level of clear and convincing evidence required by N.J.S.A. 30:4C- 15.1(a). In particular, the judge found the expert opinions ... not contest the trial judge's rulings with respect to N.J.S.A. 30:4C-15.1(a)(1) or (2). I.A. argues on appeal ... his parental rights, and that the Division failed to satisfy N.J.S.A. 30:4C-15.1(a)(4), as the termination of his parental ...

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109 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.I.B and E.W -- rank: 673

... of the best-interests-of-the-child standard embodied in N.J.S.A. 30:4C-15.1(a). Unconvinced, we affirm. I. Alan was born in ... evidence the four prongs of the 'best interests' standard under N.J.S.A. 30:4C-15.1(a). The Division must prove: (1) The child's ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also N.J. Div. of Youth & Fam ... and 'provide a safe and stable home for the child,' N.J.S.A. 30:4C- 15.1(a)(2), the second prong may still be satisfied ... to provide Alan with a safe and stable home. See N.J.S.A. 30:4C-15.1(a)(2). A-5016-18 28 In sum, the ... the first and second prongs of the best-interests standard. N.J.S.A. 30:4C-15.1(a)(1) to (2); see also K.H. ...

docket:	a5016-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-01
status:	Unpublished
citation:
Document Size:	74871

110 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.V. (deceased and M.G -- rank: 671

... four of the statutory best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence, because the Division ... its burden of proof as to all four prongs of N.J.S.A. 30:4C-15.1 by clear and convincing evidence. The court entered a ... not do more harm than good. A-1233-21 13 [N.J.S.A. 30:4C-15.1(a).] These fact-sensitive factors 'overlap with one another ... J. 337, 348 (1999)). A. 'The first two prongs[ of] N.J.S.A. 30:4C-15.1(a) . . . are 'the two components of the harm requirement ... 13 See discussion below regarding the Legislature's amendments to N.J.S.A. 30:4C-15.1(a)(2) on July 2, 2021. A-1233-21 ... which led to the child's placement outside the home[.]' N.J.S.A. 30:4C-15.1(a)(3). That provision of the statute 'contemplates ...

docket:	a1233-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-20
status:	Unpublished
citation:
Document Size:	52075

111 /usr/local/share/www/libweb/collections/courts/appellate/a3266-21.opn.html -- rank: 671

... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C-15.1(a). Based on those findings, Judge Walls concluded the ... RIGHTS IS IN THE BEST INTERESTS OF THE CHILD UNDER N.J.S.A. 30:4C-15.1(a). A. The court below erred in concluding that ... be granted only if the following four prongs enumerated in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence: (1 ... not do more harm than good. A-3266-21 11 [N.J.S.A. 30:4C-15.1(a)(1)-(4).] 'The four criteria enumerated in the ... J. at 348. '[T]he cornerstone of the inquiry [under N.J.S.A. 30:4C-15.1(a)] is not whether the biological parents are fit ... parental rights. Kara argues that under the 2021 amendments to N.J.S.A. 30:4C-15.1(a)(2), L. 2021, c. 154, § 9, ...

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112 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.I.O.1 and E.K.W -- rank: 671

... burden under the four-prong best interests test, codified at N.J.S.A. 30:4C- 15.1(a), by clear and convincing evidence. The Division and ... The judge determined the Division proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, terminated the parental ... of guardianship. Her oral opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with In re Guardianship of K.H ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). '[T]he relevant inquiry focuses on A ... the delay of permanent placement will add to the harm.' N.J.S.A. 30 4C-15.1(a)(2). Harm may include evidence that separating the ... the court [will] consider[] alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). This prong 'contemplates efforts that focus ...

docket:	a3835-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-09
status:	Unpublished
citation:
Document Size:	46876

113 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.E.L.-G and B.E.C., JR -- rank: 671

... evidence each prong of the statutory best interests test under N.J.S.A. 30:4C-15.1(a). We disagree with defendant's arguments and affirm ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C-15.1(a) requires the Division prove by clear and convincing ... enacted L. 2021 c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read '[s]uch harm may include ... to find that the Division satisfied the first prong under N.J.S.A. 30:4C- 15.1(a). We agree substantially with the decision rendered by ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see also K.H.O., 161 N ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The inquiry for the judge is ...

docket:	a4452-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-22
status:	Unpublished
citation:
Document Size:	41563

114 DIVISION OF YOUTH AND FAMILY SERVICES v. C.T IN THE MATTER OF THE GUARDIANSHIP OF T.T., a minor -- rank: 671

... four prongs of the "best interests of the child" standard, N.J.S.A. 30:4C-15.1(a). Alternatively, C.T. contends that the Division of ... reasonable alternative to termination of C.T.'s parental rights, N.J.S.A. 30:4C-15.1(a)(3). We therefore affirm in part, reverse in ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Specific evidence is required in each case because ... with parental unfitness, the two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2)[,] are related to [each other ... over time. The second prong of the best interests standard, N.J.S.A. 30:4C-15.1(a)(2), "relates to parental unfitness" and "may be ... child.'" P.P. , supra , 180 N.J. at 507 (quoting N.J.S.A. 30:4C-15.1a(2)). Here, the Division proved by clear and ...

docket:	a4606-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-09
status:	unpublished
citation:
Document Size:	114963

115 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.W. -- rank: 668

... to prove each of the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Division and ... by clear and convincing evidence, all four required elements under N.J.S.A. 30:4C-15.1, and terminated defendants' parental rights. These appeals followed. II ... the best-interests-of-the-child test, set forth in N.J.S.A . 30:4C-15.1(a)." Id. at 447-48 (citing N.J. Div ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four "prongs" require a fact-sensitive analysis ... would be endangered by placement with defendants as contemplated by N.J.S.A. 30:4C-15.1(a)(1). III. Defendants also argue that the Division ... harm facing their children, in satisfaction of the second prong. N.J.S.A. 30:4C-15.1(a)(2). They say they took steps to ...

docket:	a4056-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-07
status:	unpublished
citation:
Document Size:	96767

116 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R. -- rank: 668

... to prove all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), at trial. Because we are convinced by our ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The four prongs of the best interests standard ... the delay of permanent placement will add to the harm,' N.J.S.A. 30:4C-15.1(a)(2), the judge looked to In the Matter ... with parental unfitness, the two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related to one another ... care'). The statutory language the trial judge focused on in N.J.S.A. 30:4C- 15.1(a)(2), that 'separating the child from his resource ... the delay of permanent placement will add to the harm. ' N.J.S.A. 30:4C-15.1(a)(2). The statute says so clearly: 'Such ...

docket:	a0170-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-22
status:	Unpublished
citation:
Document Size:	117119

117 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.R.-R. and G.R.-S -- rank: 668

... issue, explaining, 'the Division can prove the first prong [under N.J.S.A. 30:4C-15.1] without proving Title [Nine] abuse and neglect . . . . Title [Nine ... conforming judgment, finding the Division proved all four prongs under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The judge also ... TERMINATION WAS IN THE BEST INTERESTS OF THE CHILDREN UNDER N.J.S.A. 30:4C-15 AND N.J.S.A. 30:4C-15.1. A. The Trial Court Erred in Finding that the ... Of Medical Neglect To Satisfy Prongs One And Two [of N.J.S.A. 30:4C-15.1(a)]. B. The Substantial Culture And Language Barriers, Exacerbated ... be terminated in the child's best interests. Therefore, per N.J.S.A. 30:4C-15.1(a), the Division must satisfy the following four ...

docket:	a1127-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-12
status:	Unpublished
citation:
Document Size:	145034

118 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.A. and D.A., -- rank: 668

... best A-3287-20 21 interests of the child test, N.J.S.A. 30:4C-15.1(a). The judge determined Eve and Dan had 'shown ... first prong of the best interests of the child test, N.J.S.A. 30:4C- 15.1(a), the judge found 'the Division has proven by ... prongs of the best interests of the child test under N.J.S.A. 30:4C-15.1(a). Eve separately argues ineffective assistance of counsel because ... evaluation of the evidence under prongs three and four of N.J.S.A. 30:4C- 15.1(a), asserting the Division failed to adequately consider alternatives ... at 10. Under the best interests of the child test, N.J.S.A. 30:4C-15.1(a),5 the Division must prove the following: 5 ... statute on July 2, 2021, eliminating the second sentence of N.J.S.A. 30:4C-15.1(a)(2). However, the amendment took effect after ...

docket:	a3287-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-01
status:	Unpublished
citation:
Document Size:	72829

119 /usr/local/share/www/libweb/collections/courts/appellate/a2762-12a2874-12a0437-13a0438-13.opn.html -- rank: 668

... of the best interests of the child test found in N.J.S.A. 30:4C-15.1. The judge opined that the parental relationship harmed Ann ... prongs of the best interests of the child test. See N.J.S.A. 30:4C-15.1(a). They counter that the abuse and neglect finding ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These prongs are not discrete and separate, but ... in defendants' care would endanger their health and development. See N.J.S.A. 30:4C-15.1(a)(1); N.J. Div. of Youth & Family Servs ... and "provide a safe and stable home for the child." N.J.S.A. 30:4C-15.1(a)(2). It also includes considerations of "whether the ... cause the child "serious and enduring emotional or psychological harm[.]" N.J.S.A. 30:4C-15.1(a)(2); L.J.D. , supra , 428 N. ...

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court:	NJ Superior Court Law/Chancery Division
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120 /usr/local/share/www/libweb/collections/courts/appellate/a4067-12xx.opn.html -- rank: 668

... to prove each of the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Division and ... by clear and convincing evidence, all four required elements under N.J.S.A. 30:4C-15.1, and terminated defendants' parental rights. These appeals followed. II ... the best-interests-of-the-child test, set forth in N.J.S.A . 30:4C-15.1(a)." Id. at 447-48 (citing N.J. Div ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four "prongs" require a fact-sensitive analysis ... would be endangered by placement with defendants as contemplated by N.J.S.A. 30:4C-15.1(a)(1). III. Defendants also argue that the Division ... harm facing their children, in satisfaction of the second prong. N.J.S.A. 30:4C-15.1(a)(2). They say they took steps to ...

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