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61 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.J.B. -- rank: 703

... had satisfied all four prongs of the best interests test, N.J.S.A. 30:4C-15.1a. The judge began by noting his lengthy involvement with ... TO FILING A PETITION FOR GUARDIANSHIP[] AS SET FORTH IN N.J.S.A. 30:4C-15, THE TRIAL COURT LACKED JURISDICTION TO ENTER A JUDGMENT OF ... THAT [A.J.B.] DID NOT ABANDON HER CHILDREN UNDER N.J.S.A. 30:4C-15(e) OR N.J.S.A. 30:4C-15.1b. B. THE EVIDENCE BELOW SHOWS THAT [A.J.B ... FOR A PERIOD OF ONE YEAR, TO DO SO, UNDER N.J.S.A. 30:4C-15(d). C. THE EVIDENCE BELOW SHOWS THAT IT WAS NOT ... J.B.'s] CHILDREN TO BE PLACED UNDER GUARDIANSHIP UNDER N.J.S.A. 30:4C-15(c). 1. The Trial Court Improperly Relieved DCPP of ...

docket:	a5038-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-13
status:	unpublished
citation:
Document Size:	44354

62 DIVSION OF YOUTH AND FAMILY SERVICES v. S.L.U and M.W IN THE MATTER OF THE GUARDIANSHIP OF A.R.U Minor -- rank: 703

... each prong of the best interests of the child standard, N.J.S.A. 30:4C-15.1(a). We disagree and affirm. I. On appeal, the ... DYFS filed a complaint for guardianship of Aaron pursuant to N.J.S.A. 30:4C-15, seeking termination of Sue and Michael's parental rights to ... met its burden of proof in establishing each prong of N.J.S.A. 30:4C-15.1, and the Family Part's decision to dismiss the ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275, § 7. The ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not independent of each ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must be one ...

docket:	a4027-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-03
status:	unpublished
citation:
Document Size:	55813

63 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.W and G.R., JR -- rank: 701

... third statutory factors used in determining parental-rights termination petitions. N.J.S.A. 30:4C-15.1(a). He asserts the trial court's opinion is ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C-15.1. N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and ... his parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). We, therefore, examine the evidence that supports ... 4C- A-1790-18T3 5 15.1(b)(1) and N.J.S.A. 30:4C-15(d), lacks sufficient merit to warrant discussion in this opinion ... it advanced at trial was the best interests standard under N.J.S.A. 30:4C- - 15.1(a). To establish prong one under that statute—'[ ...

docket:	a1790-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-24
status:	Unpublished
citation:
Document Size:	34390

64 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.D. -- rank: 701

... satisfy three of the four prongs of the statutory test, N.J.S.A. 30:4C-15.1(a), namely N.J.S.A. 30:4C-15.1(a)(2), N.J.S.A. 30:4C-15.1(a)(3), and N.J.S.A. 30:4C-15.1(a)(4). Defendants further allege the Law Guardian failed ... N.J. at 347. The best interest standard, codified in N.J.S.A. 30:4C-15.1(a), requires the State establish each of the following ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria are not discreet and ...

docket:	a2639-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-19
status:	unpublished
citation:
Document Size:	43110

65 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.D. -- rank: 701

... satisfy three of the four prongs of the statutory test, N.J.S.A. 30:4C-15.1(a), namely N.J.S.A. 30:4C-15.1(a)(2), N.J.S.A. 30:4C-15.1(a)(3), and N.J.S.A. 30:4C-15.1(a)(4). Defendants further allege the Law Guardian failed ... N.J. at 347. The best interest standard, codified in N.J.S.A. 30:4C-15.1(a), requires the State establish each of the following ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria are not discreet and ...

docket:	a2640-13
court:	superior court trial
decided:	2015-02-19
status:	unpublished
citation:
Document Size:	42996

66 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.F and K.S.H -- rank: 699

... its burden of proving each of the [four prongs] of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence.' In reviewing the ... four prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a); accords with our prior holdings in 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 the ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C- 15.1(a)(2). The harm may include evidence that separating ... psychological harm.' M.M., 189 N.J. at 280 (quoting N.J.S.A. 30:4C- 15.1(a)(2)).6 6 We are aware that on ... the Legislature enacted L. 2021 c. 154 § 9 amending N.J.S.A. 30:4C-15.1(a) pertaining to the standards for terminating parental ...

docket:	a2488-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-17
status:	Unpublished
citation:
Document Size:	73380

67 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.D and T.B., a/k/a B.D -- rank: 696

... under the four-prong best interests of the child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence, we affirm. I ... four prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a); accords with our prior holdings in In re ... 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 the ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The harm may include evidence that separating ... the Legislature enacted L. 2021 c. 154, § 9 amending N.J.S.A. 30:4C-15.1(a) pertaining to the standards for terminating parental rights. Specifically, the Legislature amended N.J.S.A. 30:4C-15.1(a)(2), to exclude from consideration in a ...

docket:	a2912-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-08
status:	Unpublished
citation:
Document Size:	30609

68 New Protection v. J.I. -- rank: 696

... parental rights is in the best interests of the children. N.J.S.A. 30:4C-15(c); F.M. , supra , 211 N.J. at 447. The ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] A. We first address whether the Division presented ... showed she was "unwilling or unable to eliminate the harm." N.J.S.A. 30:4C-15.1(a)(1), (2). Moreover, she continued to use illegal ... itself, does not constitute a harm to the child under N.J.S.A. 30:4C-15.1(a)(1)," K.H.O. , supra , 161 N.J ... which led to the child's placement outside the home." N.J.S.A. 30:4C-15.1(a). N.J.S.A. 30:4C-15.1(c) defines "reasonable efforts" as "attempts by an ...

docket:	a3457-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-08
status:	unpublished
citation:
Document Size:	53887

69 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.T. -- rank: 696

... 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:	a2178-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-04
status:	unpublished
citation:
Document Size:	56624

70 A-02314-15T1 OF CHILD PROTECTION AND PERMANENCY v. P.S IN THE MATTER OF THE GUARDIANSHIP OF T.W., a Minor NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.L., Sr IN THE MATTER OF THE GUARDIANSHIP OF I.L. and J.L., Jr., Minors -- rank: 694

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Our scope of review on appeals from orders ... Division satisfied all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a). Judge Appleby found that J.L.'s "continued ... clear and convincing evidence the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a). According to J.L., the court failed to ... the trial, made detailed findings as to each prong of N.J.S.A. 30:4C-15.1(a), and concluded the Division had met by clear ... guardianship. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with applicable case law, including In re ...

docket:	a2314-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	58442

71 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.A.R and Y.R. and J.J.E -- rank: 694

... the Division satisfied each prong of the best interests test, N.J.S.A. 30:4C-15.1, by clear and convincing evidence. The judge's oral ... met its burden under prongs two, three, and four of N.J.S.A. 30:4C-15.1(a). She argues the judge relied on unsupported allegations ... v. J.R., 442 U.S. 584, 603 (1979)). Under N.J.S.A. 30:4C-15.1(a), the Division must satisfy the following prongs before ... 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 ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O., 161 N.J ... placement will add to the harm.' A-3263-21 22 N.J.S.A. 30:4C-15.1(a)(2). See also N.J. Div. of ...

docket:	a3263-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Unpublished
citation:
Document Size:	53020

72 DCPP VS. M.N., J.L.K. AND W.L., IN THE MATTER OF W.N.-L. AND I.N.-K., ET AL. -- rank: 694

... prongs three and four of the best interests standard of N.J.S.A. 30:4C-15.1(a) by clear and convincing proof in the guardianship ... 15 She noted, however that Izzy was 15 But see N.J.S.A. 30:4C-15(c) (permitting the filing of a guardianship complaint whenever 'it ... App. Div. 2009) (holding 'except for a guardianship action under N.J.S.A. 30:4C-15(a) based on a finding of abuse or neglect under ... of parental rights under any of the other subsections of N.J.S.A. 30:4C-15 without first bringing an action under Title 9'). A-2413 ...

docket:	a2413-21a1371-22
court:	appellate
decided:	2024-04-11
status:	Unpublished
citation:
Document Size:	151523

73 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S.W. -- rank: 694

... establishing the four prongs of the best interests test in N.J.S.A. 30:4C-15.1(a). R.F. wishes to adopt K.A.S ... N.J. 591 , 604-11 (1986), is now codified in N.J.S.A. 30:4C-15.1(a), and requires the State to establish each of ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four criteria are not discreet ... child and a parent's failure to mitigate that harm. N.J.S.A. 30:4C-15.1(a)(1) and (2). The focus of the first ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). As to the first prong, the court ... skills necessary to care for them. As to prong three, N.J.S.A. 30:4C-15.1(a)(3) requires, in pertinent part, the Division ...

docket:	a2447-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-30
status:	unpublished
citation:
Document Size:	39182

74 /usr/local/share/www/libweb/collections/courts/supreme/a5521-11.opn.html -- rank: 694

... each of the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). With regard to the first prong, "[t]he ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). She found "no evidence that [Joan] is ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). With regard to services provided to Joan ... bond would not do more harm than good pursuant to N.J.S.A. 30:4C-15.1(a)(4) where both children were emotionally bonded to ... Division's] exploration of alter natives to termination pursuant to N.J.S.A. 30:4C-15.1(a)(3) was inadequate. 1. Improper Evaluation of Maternal ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275, § 7. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	100357

75 OF YOUTH AND FAMILY SERVICES v. R.G. and J.G. -- rank: 694

... termination of parental rights serves the child's best interests. N.J.S.A. 30:4C-15.1(a). The statute authorizes a court to terminate parental ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four statutory criteria are "not discrete and ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). The trial judge viewed the only count ... abandonment. 3 He then turned to its statutory definition under N.J.S.A. 30:4C-15.1(b), which requires the Division to move to terminate ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). J.G. does not propose to become ... harm" caused to Tara by her separation from G.B. N.J.S.A. 30:4C-15.1(a)(2). The fact that J.G. does ...

docket:	a1310-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-21
status:	unpublished
citation:
Document Size:	74360