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76 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status:	unpublished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

77 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status:	unpublished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

78 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.F and J.C -- rank: 692

... test for termination of parental rights, which is codified in N.J.S.A. 30:4C-15.1(a). Judge Brown memorialized his decision in a judgment ... which was established in A.W. and thereafter codified at N.J.S.A. 30:4C-15.1(a), 'aims to achieve the appropriate balance between parental ... 261, 280 (2007)). Parental rights may be terminated pursuant to N.J.S.A. 30:4C-15.1(a) when: (1) The child's safety, health, or ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The four elements 'are not discrete and separate ... erred by finding that the Division established prong three under N.J.S.A. 30:4C-15.1(a). She contends the Division failed to show that ... judge's findings that the Division established prong three under N.J.S.A. 30:4C-15.1(a) with clear and convincing evidence. The record ...

docket:	a3538-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-04
status:	Unpublished
citation:
Document Size:	39532

79 OF YOUTH AND FAMILY SERVICES v. N.H. IN THE MATTER OF THE GUARDIANSHIP OF W.M. and N.H minors -- rank: 692

... unable to provide a safe and stable home for them. N.J.S.A. 30:4C-15.1a(1), (2) (Prongs One and Two). Nor does she ... to help her correct the circumstances that led to placement. N.J.S.A. 30:4C-15.1a(3) (Prong Three). Rather, defendant argues that the Division ... provide adequate services to enable her sister to accept custody. N.J.S.A. 30:4C-15.1a(3). As a consequence, defendant argues that the court ... to their aunt, would not do more harm than good. N.J.S.A. 30:4C-15.1a(4) (Prong Four). We disagree and affirm substantially for ... by clear and convincing evidence that the four prongs of N.J.S.A. 30:4C-15.1a were met and that defendant's parental rights should ... housing and income, and her lack of basic parenting skills. N.J.S.A. 30:4C-15.1a(1). With respect to Prong Two, the court ...

docket:	a3095-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-26
status:	unpublished
citation:
Document Size:	56484

80 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.J.H., SR -- rank: 692

... 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 ... the best-interests-of-the-child test, set forth in N.J.S.A . 30:4C-15.1(a)." Id. at 447-48 (internal citation omitted). Those ... 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 Jerome as contemplated by N.J.S.A. 30:4C-15.1(a)(1). B. Jerome also argues that the Division ... potential harm facing Gabi, in satisfaction of the second prong. N.J.S.A. 30:4C-15.1(a)(2). He says that he took steps to ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). Also, proof "that the child will ...

docket:	a0189-13
court:	NJ Superior Court Appellate Division
decided:	2014-04-15
status:	unpublished
citation:
Document Size:	75539

81 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.V.W., M.A., and A.S IN THE MATTER OF THE GUARDIANSHIP OF A.N.T.S. and A.N.A Minors -- rank: 687

... prongs of the statutory best interest test set forth in N.J.S.A. 30:4C-15.1(a). We affirm. I. Tara's history with the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)]. "The Division bears the burden of proving by ... continues the significant harm to the child in satisfaction of N.J.S.A. 30:4C-15.1(a)(2). [ 417 N.J. Super. 228 , 245-46 ... parents would cause severe and enduring harm to the girls. N.J.S.A. 30:4C-15.1(a)(2). Both Dr. John Quintana and Dr. Gordon ... which led to the child's placement outside the home." N.J.S.A. 30:4C-15.1(a)(3). "Reasonable efforts" include, but are not limited ... s progress, development, and health; and (4)    facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] "Whether particular services are necessary in order ...

docket:	a3002-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-10-10
status:	Published
citation:
Document Size:	63797

82 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.A and E.M -- rank: 687

... to prove the four prongs of the best interests standard , N.J.S.A. 30:4C-15.1(a)(1) to (4), by clear and convincing evidence ... A. Has Not Harmed Her Children Within The Meaning Of [ N.J.S.A.] 30:4C-15.1a(1). B. The Trial Court's Decision That The ... 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 ... 506-07 (2004)). '[T]he cornerstone of the inquiry [under N.J.S.A. 30:4C-15.1(a)] is not whether the biological parents are fit ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). The first prong focuses on the ...

docket:	a5268-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-06
status:	Unpublished
citation:
Document Size:	67939

83 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.L.M. -- rank: 687

... four-prong best interests test A-5639-17T4 2 under N.J.S.A. 30:4C-15.1(a).1 Defendant R.L.M. (Rita), the daughters ... all four prongs of the statutory best interests test under N.J.S.A. 30:4C-15.1(a) to terminate Kevin's parental rights to Ann ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). The Division has the responsibility to 'protect ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). That harm may include evidence that separating ... 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 on ... which led to the child's placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3). 'Reasonable efforts' include, but are not ...

docket:	a5639-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-21
status:	Unpublished
citation:
Document Size:	45184

84 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.S.K. -- rank: 687

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a) See N.J. Div. of Youth & Family Servs ... because the Division failed to prove the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We disagree. As ... J. Super. 418, 434 (App. Div.) (alterations in original) (quoting N.J.S.A. 30:4C-15.1(a)(2) and J.C., supra, 129 N.J ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] The Division's efforts are measured not by ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C- 15.1(a)(4). The focus of this prong is whether ... to prove the four prongs of the best interest test, N.J.S.A. 30:4C-15.1(a), I respectfully dissent from the decision affirming ...

docket:	a4577-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-23
status:	unpublished
citation:	457 N.J.Super. 304 199 A.3d 797
Document Size:	97257

85 DCPP VS. B.C. AND A.A., IN THE MATTER OF THE GUARDIANSHIP OF A.A. AND J.A. -- rank: 685

... best interests test warranting termination of her parental rights under N.J.S.A. 30:4C-15.1(a). The law guardian argues the Division has proven ... proven all four prongs of the best interests standard under N.J.S.A. 30:4C-15.1(a), entered an order terminating the parents' parental rights ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove each prong by 'clear ... amended only prong two of the best interests standard under N.J.S.A. 30:4C-15.1(a) by deleting the sentence, '[s]uch harm may ... the child.' Compare L. 2021, c. 154, § 9 (current N.J.S.A. 30:4C-15.1(a)(2)), with L. 2015, c. 82, § 3 ... 2191-22 16 A. The Division, under prong one of N.J.S.A. 30:4C-15.1(a), must prove by clear and convincing evidence ' ...

docket:	a2191-22
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	44098

86 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.M.F and R.J.W -- rank: 685

... Danny).1 Appellant argues none of the four prongs of N.J.S.A. 30:4C-15.1 were satisfied. The Division and Danny's law guardian ... its burden of proof as to all four prongs under N.J.S.A. 30:4C-15.1 by clear and convincing evidence. The court entered a ... RELATIONSHIP UNDER THE FIRST PRONG OF THE 'BEST INTEREST' TEST, N.J.S.A. 30:4C-15.1(a)(1). POINT II THE TRIAL COURT ERRED IN ... HARM UNDER THE SECOND PRONG OF THE BEST INTEREST TEST, N.J.S.A. 30:4C-15.1(a)(2). POINT III THE TRIAL COURT FAILED TO ... 3694-21 11 THIRD PRONG OF THE 'BEST INTEREST' TEST, N.J.S.A. 30:4C-15.1(a)(3). POINT IV THE TRIAL COURT ERRED IN ... GOOD UNDER THE FOURTH PRONG OF THE 'BEST INTEREST' TEST, N.J.S.A. 30:4C-15.1(a)(4). II. Our review of family court ...

docket:	a3694-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-04
status:	Unpublished
citation:
Document Size:	51067

87 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.G and J.G. -- rank: 685

... the parental rights of J.G. and A.G. under N.J.S.A. 30:4C-15.1(a). The judge concluded that, with respect to J ... terroristic threats as it relates to [Jesse]. With respect to N.J.S.A. 30:4C-15.1(a)(1), the judge determined tha the Division has ... 2019. The judge also found that A-2698-18T3 14 [N.J.S.A. 30:4C-15.1(a)(2)] has been satisfied, as the Division has ... for the foreseeable future. The judge also determined that, regarding N.J.S.A. 30:4C-15.1(a)(3), the Division has shown by clear and ... the third prong by clear and convincing evidence. Finally, regarding N.J.S.A. 30:4C-15.1(a)(4), the judge explained that the Division relied ... concluded 'that the Division has established all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing [evidence] as to ...

docket:	a2698-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-26
status:	Unpublished
citation:
Document Size:	45694

88 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. W.G. -- rank: 685

... evidence and does not satisfy the four criteria established in N.J.S.A. 30:4C-15.1a for termination of parental rights. The Division of Youth ... family court appropriately analyzed the evidence within the framework of N.J.S.A. 30:4C-15.1a, which provides that DYFS must prove the following four ... will continue to be endangered by the parental relationship.” N.J.S.A. 30:4C-15.1a(1). This provision of the statute requires that "the ... endangered their safety, health, and development, meeting the requirements of N.J.S.A. 30:4C-15.1a(1). There was substantial uncontradicted evidence presented to the ... permanent placement of the child will add to the harm. N.J.S.A. 30:4C-15.1a(2). This “inquiry is aimed at determining whether ... placement will add to the harm suffered by the child. N.J.S.A. 30:4C-15.1a(2). Prior court decisions have established the importance ...

docket:	a2255-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-30
status:	unpublished
citation:
Document Size:	57289

89 N.J. Div. of Youth & Family Servs. v. A.L. -- rank: 685

... itself, does not constitute a harm to the child under N.J.S.A. 30:4C-15.1(a)(1).” Id. at 349. Because of the ... ” for courts to decide Title 30 guardianship cases. See N.J.S.A. 30-4C-15.1(a); R.D. , supra , 207 N.J. at 114 ... itself, does not constitute a harm to the child under N.J.S.A. 30:4C-15.1(a)(1).” See K.H.O. , supra , 161 ... Servs. v. F.M. , 211 N.J. 420, 447 (2012); N.J.S.A. 30:4C-15.1(a) –- a higher threshold than the preponderance standard ... rights, which may rely on a Title 9 judgment. See N.J.S.A. 30:4C-15(a); R.D. supra , 207 N.J. at 111-12 ...

docket:	a-28-11
court:	NJ Supreme Court
decided:	2013-02-06
status:
citation:	213 N.J. 1 59 A.3d 576
Document Size:	131880

90 DIVISION OF YOUTH AND FAMILY SERVICES v. M.D.C. and R.C. -- rank: 682

... Before addressing the statutory factors governing termination set forth in N.J.S.A. 30:4C-15.1(a) to (d), the court observed: [H]ere, [DYFS ... D) DYFS SHOULD NOT HAVE PREVAILED ON PRONG FOUR OF N.J.S.A. 30:4C-15.1A [sic] BECAUSE IT DID NOT PROVE BY CLEAR AND ... at 108, each of the four factors set forth in N.J.S.A. 30:4C-15.1(a), namely that: (1) The child's safety, health ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1) to (4).] These four criteria "are not ... The second prong of the best interest analysis codified in N.J.S.A. 30:4C-15.1(a)(2) focuses on "determining whether the parent has ... custody, thus "add[ing] to the harm" to the child. N.J.S.A. 30:4C-15.1(a)(2). Other than their unstable housing situation, ...

docket:	a5655-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-09
status:	Published
citation:
Document Size:	65448