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31 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.R.G., -- rank: 740

... seems the children have been safely placed with caring grandparents. N.J.S.A. 30:4C-15.3a provides that DYFS shall not be required to file ... N.J. 546 , 550 (1994). Footnote: 7      7 Pursuant to N.J.S.A. 30:4C-15, as amended to comply with ASFA, when DYFS has determined ... months, unless the division establishes an exception . . . in accordance with [ N.J.S.A. 30:4C-15.3]." Those exceptions include where "[t]he child is being ... the child can be achieved without termination of parental rights." N.J.S.A. 30:4C-15.3(a). Footnote: 8      8 The correct phrase is "One ...

docket:	A0025-02
court:	NJ Superior Court Appellate Division
decided:	2003-06-05
status:	published
citation:	361 N.J. Super. 46 824 A.2d 213
Document Size:	91591

32 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.A. -- rank: 738

... convincing evidence all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), and that termination of defendant's parental rights ... did not allege a 'best interests' cause of action under N.J.S.A. 30:4C-15(c)" and the complaint "was not properly verified." Amy asserts ... 6. The complaint refers to "terminating parental rights . . . pursuant to N.J.S.A. 30:4C-15 through N.J.S.A. 30:4C-20." It also ... at least one of the five grounds set forth in N.J.S.A. 30:4C-15(a) to (f) must be met." N.J.S.A. 30:4C-15(c) provides a petition for guardianship may be filed when ... a stand-alone basis for filing a guardianship complaint under N.J.S.A. 30:4C-15(c)." F.M. , supra , 211 N.J. at 443. ...

docket:	a3931-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-11
status:	unpublished
citation:
Document Size:	63009

33 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.P.T and J.R.W -- rank: 738

... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C-15.1(a). Based on those findings, the court determined the ... THE DIVISION] MET ITS BURDEN TO PROVE EACH ELEMENT OF N.J.S.A. 30:4C-15.1(a), AND THE JUDGMENT TERMINATING [DEFENDANT'S] PARENTAL RIGHTS ... only be granted if the following four prongs enumerated in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence: (1 ... of parental rights will not do more harm than good. [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 ... court erred by finding the Division sustained its burden under N.J.S.A. 30:4C-15.1(a). The court conducted the required fact-sensitive ...

docket:	a2976-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-16
status:	Unpublished
citation:
Document Size:	48745

34 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.A and M.A -- rank: 738

... §§ 5, 6, 7 and 8; and (5) amended N.J.S.A. 30:4C-15.1(a)(2), commonly referred to as prong two of ... He stated that 'as of July 2nd of this year, N.J.S.A. 30:4C-15.1 was amended to reflect that the existence of a ... prong two of the four-prong test set forth in N.J.S.A. 30:4C-15.1(a)(2). The attorneys representing DCPP and the child ... The court concluded that DCPP had established each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The court found ... than good. When reaching its decision, however, the court recited N.J.S.A. 30:4C- 15.1(a)(2) as if it had not been amended ... is a nearly verbatim recitation of the language removed from N.J.S.A. 30:4C-15.1(a)(2) by L. 2021, c. 154, § ...

docket:	a1222-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-27
status:	Unpublished
citation:
Document Size:	38577

35 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.W. and M.M and L.S. and J.S -- rank: 736

... clear and convincing evidence, any of the prongs outlined in N.J.S.A. 30:4C:15.1(a) as to him, whereas Ria argues the Division ... addressed whether the Division satisfied the four-prong test under N.J.S.A. 30:4C-15.1(a). 1. The First Prong Initially, the judge concluded ... judge found the Division proved the first statutory prong under N.J.S.A. 30:4C-15.1. 2. The Second Prong Similarly, the judge found the ... met its burden in establishing the second statutory prong under N.J.S.A. 30:4C-15.1, i.e., defendants were unwilling or unable to eliminate ... Prong Finally, the judge addressed the fourth statutory prong under N.J .S.A. 30:4C-15.1(a), mindful 'there [was] no adoptive home on the ... findings, the judge concluded the Division satisfied its burden under N.J.S.A. 30:4C-15.1(a), and she terminated defendants' parental rights. Defendants ...

docket:	a3037-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-03
status:	Unpublished
citation:
Document Size:	114419

36 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.L and L.Y -- rank: 731

... first two prongs of the termination of parental rights statute, N.J.S.A. 30:4C-15.1(a). We remand with respect to prongs three and ... trial court 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 ... PARENTAL RIGHTS BY CLEAR AND CONVINCING EVIDENCE AS REQUIRED BY N.J.S.A. 30:4C- 15 AND 30:4C-15.1. A. The Trial Court Erred ... by clear and convincing evidence, the following four prongs under N.J.S.A. 30:4C-15.1(a): (1) The child's safety, health, or development ... 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 & Family ... which led to the child's placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3). Reasonable efforts is defined as 'attempts ...

docket:	a1497-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-07
status:	Unpublished
citation:
Document Size:	39712

37 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A. and J.A. -- rank: 731

... did not prove each of the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. They also contend ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Therefore, we reverse ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, because the trial ... the guardianship trial, reasonable efforts to reunite the family under N.J.S.A. 30:4C-15.1(a). To this end, a factfinding hearing was held ... prove the third prong of the "best interests" test under N.J.S.A. 30:4C-15.1(a)(3). In New Jersey Div. of Youth and ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] The Supreme Court has held that DYFS ...

docket:	a5896-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-04-09
status:	Published
citation:
Document Size:	122037

38 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A. and J.A. -- rank: 731

... did not prove each of the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. They also contend ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Therefore, we reverse ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, because the trial ... the guardianship trial, reasonable efforts to reunite the family under N.J.S.A. 30:4C-15.1(a). To this end, a factfinding hearing was held ... prove the third prong of the "best interests" test under N.J.S.A. 30:4C-15.1(a)(3). In New Jersey Div. of Youth and ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] The Supreme Court has held that DYFS ...

docket:	a5897-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-04-09
status:	Published
citation:
Document Size:	122037

39 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.H and D.L -- rank: 729

... prong of the statutory best interests of the child standard, N.J.S.A. 30:4C-15.1(a). Having reviewed the record and applicable law in ... prong of the best interests of the child standard. See N.J.S.A. 30:4C- 15.1(a). The court ordered the termination of Alice's ... grant a 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 ... s best interests.' Id. at 348. A-5488-18T3 16 N.J.S.A. 30:4C-15.1(a) requires the Division to prove: (1) The child ... court's findings under the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are not supported by substantial credible evidence and ... 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 ...

docket:	a5488-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Unpublished
citation:
Document Size:	59195

40 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.T. and A.M., SR -- rank: 726

... THE NECESSARY LEGAL CONCLUSIONS AS TO THE FOURTH PRONG OF N.J.S.A. 30:4C-15.1A. B. THE FAMILY PART FAILED TO MAKE ANY LEGAL ... A-4590-18T1 9 PART OF THE THIRD PRONG OF N.J.S.A. 30:4C- 15.1A. C. THE FAMILY PART CONDUCTED THE PROCEEDINGS IN SUCH ... POINT II: THE TRIAL COURT'S LEGAL CONCLUSIONS AS TO N.J.S.A. 30:4C-15 WERE NOT SUPPORTED BY SUFFICIENT, COMPETENT EVIDENCE. A. THE 'FACTS ... SUPPORT ITS LEGAL CONCLUSIONS AS TO THE FIRST PRONG OF N.J.S.A. 30:4C-15.1A WERE LARGELY BASED ON HEARSAY. B. EVEN IF THE ... TRIAL COURT ERRED IN CONCLUDING THAT THE SECOND PRONG OF N.J.S.A. 30:4C- 15.1A WAS SATISFIED AT A CLEAR AND CONVINCING LEVEL OF ... TRIAL COURT ERRED IN CONCLUDING THAT THE FOURTH PRONG OF N.J.S.A. 30:4C- 15.1A WAS SATISFIED AT A CLEAR AND CONVINCING LEVEL ...

docket:	a4590-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Unpublished
citation:
Document Size:	41604

41 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.D and T.A., a/k/a B.F -- rank: 726

... of L. 2021, c. 154, which amended certain aspects of N.J.S.A. 30:4C-15.1(a) and the Kinship Legal Guardianship Act (KLG Act ... that prong one and prong two of the termination statute, N.J.S.A. 30:4C-15.1, were met as J.D.'s safety, health, and ... the court found the first part of prong three of N.J.S.A. 30:4C-15.1 was easily satisfied by the evidence, as the Division ... made no significant changes to the best-interests analysis under N.J.S.A. 30:4C-15.1. Instead, the court reasoned the new legislation significantly changes ... of children. Id. at 280. That statutory standard, codified at N.J.S.A. 30:4C-15.1(a), states: a. The [D]ivision shall initiate a ... we briefly summarize the legislation and explain how it amended N.J.S.A. 30:4C-15.1(a). The court relied heavily upon the enactment' ...

docket:	a1321-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-25
status:	Unpublished
citation:
Document Size:	56851

42 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.E.W. -- rank: 726

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The statute requires that the State demonstrate harm ... establish each of the four statutory factors set forth in N.J.S.A. 30:4C-15.1(a). We cannot agree. J.W. was born on ... PROVE BY CLEAR AND CONVINCING EVIDENCE THE STATUTORY REQUIREMENTS OF N.J.S.A. 30:4C-15.1. POINT I(A) : DYFS FAILED TO PROVE BY CLEAR ... the court's analysis under the first two prongs of N.J.S.A. 30:4C-15.1(a). While the court noted that defendant was not ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown under the first prong ... parent's willingness to eliminate the harm facing the child, N.J.S.A. 30:4C-15.1(a)(2), "and evidence that supports one informs ...

docket:	a3135-09
court:	superior court appellate division
decided:	2010-11-24
status:	unpublished
citation:
Document Size:	73692

43 DIVISION OF YOUTH AND FAMILY SERVICES v. S.T IN THE MATTER OF THE GUARDIANSHIP OF A.T., C.T., D.T Jr., and T.T minors NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.T IN THE MATTER OF THE GUARDIANSHIP OF A.T., C.T., D.T Jr., and T.T mino -- rank: 726

... statutory factors for termination of parental rights set forth in N.J.S.A. 30:4C-15.1. The court concluded that neither of these parents are ... STANDARD FOR TERMINATION OF PARENTAL RIGHTS AS SET FORTH IN N.J.S.A. 30:4C-15.1a BY CLEAR AND CONVINCING EVIDENCE BECAUSE THERE WAS NO ... STANDARD FOR TERMINATION OF PARENTAL RIGHTS AS SET FORTH IN N.J.S.A. 30:4C-15.1a BY CLEAR AND CONVINCING EVIDENCE BECAUSE THERE WAS INSUFFICIENT ... STANDARD FOR TERMINATION OF PARENTAL RIGHTS AS SET FORTH IN N.J.S.A. 30:4C-15.1a BY CLEAR AND CONVINCING EVIDENCE BECAUSE THE COURT FAILED ... STANDARD FOR TERMINATION OF PARENTAL RIGHTS AS SET FORTH IN N.J.S.A. 30:4C-15.1a BY CLEAR AND CONVINCING EVIDENCE BECAUSE THERE WAS NO ... NOT SUPPORT A LEGAL FINDING THAT ALL FOUR PRONGS UNDER N.J.S.A. 30:4C-15.1a WERE MET IN THIS CASE. a. The first ...

docket:	a1932-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-04
status:	Published
citation:
Document Size:	57391

44 /usr/local/share/www/libweb/collections/courts/appellate/a2819-19.opn.html -- rank: 724

... of the best-interests-of-the-child standard embodied in N.J.S.A. 30:4C-15.1(a). Laura also argues the court erred by relying ... 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 ... or will continue to be endangered by the parental relationship,' N.J.S.A. 30:4C-15.1(a)(1), and that defendants are ''unwilling or unable ... K.H.O., 161 N.J. 337, 352 (1999) (quoting N.J.S.A. 30:4C-15.1(a)(2)), the judge noted, '[t]hroughout [the] litigation ... most significant findings' on the first two prongs of the N.J.S.A. 30:4C-15.1 standard was that '[t]reatment [was] . . . provided to [defendants ... circumstances that led to the child[ren]'s removal,' see N.J.S.A. 30:4C- 15.1(a)(3), 'by providing a plethora of services ...

docket:
court:
decided:
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citation:
Document Size:	76709

45 IN THE MATTER OF NOEL DOE, A MINOR -- rank: 724

... applicability of the New Jersey Safe Haven Infant Protection Act , N.J.S.A. 30:4C-15.5 to 15.11. The initial question is whether Noel ... adoption by the current caretaker. Legal Analysis Safe Haven Background N.J.S.A. 30:4C-15.7 to 15.11, otherwise known as the New Jersey ... or have died as a consequence of their abandonment.” N.J.S.A. 30:4C-15.6(a). The Legislature acknowledged that parents of unwanted infants ... from putting the infants in dangerous or life-threatening situations. N.J.S.A. 30:4C-15.6(b). The Legislature noted that “[a]nonymity, confidentiality ... infant safely and save the life of the infant.” N.J.S.A. 30:4C-15.6(c). The legislative findings concluded that “this legislation ... worthwhile if it saves even one infant’s life.” N.J.S.A. 30:4C-15.6(e). These legislative findings provide this court with ...

docket:	FG-06-23-10
court:	superior court trial
decided:	2010-08-05
status:
citation:	416 N.J. Super. 233 3 A.3d 657
Document Size:	34080