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91 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. Y.B. -- rank: 682

... prove by clear and convincing evidence the four prongs of N.J.S.A. 30:4C-15.1(a), and that the trial judge erred when he ... her testimony "significant weight." With respect to prong one of N.J.S.A. 30:4C-15.1(a), the court cited defendant's failure to obtain ... 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 that ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses on parental unfitness ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N. ...

docket:	a0973-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-30
status:	unpublished
citation:
Document Size:	68341

92 In the Matter of the Adoption of a Child by J.E.V. and D.G.V. -- rank: 682

... to counsel when the State initiates a termination case. See N.J.S.A. 30:4C-15.4(a). The issues are no less challenging or significant ... to terminate her parental rights. Id. at 475, 478 (citing N.J.S.A. 30:4C-15.4(a); N.J. Division of Youth & Family Services v ... several ways: (1) the Division may petition for termination under N.J.S.A. 30:4C-15; (2) a state- approved agency may petition for termination under ... compensate assigned counsel.” Ibid. Years later, the Legislature enacted N.J.S.A. 30:4C-15.4(a), which directs the court to appoint the Office ... so requires. Ibid. For example, after Crist , the Legislature enacted N.J.S.A. 30:4C-15.4(a), which directs judges to appoint the Office of ... child would have been represented by a law guardian. See N.J.S.A. 30:4C-15.4(b); see also N.J.S.A. 9: ...

docket:	A-39-15
court:	NJ Supreme Court
decided:	2016-07-26
status:
citation:	226 N.J. 90 141 A.3d 254
Document Size:	105624

93 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:	a5579-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-09
status:	Published
citation:
Document Size:	65448

94 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY , v. A.O.J. -- rank: 680

... 77 n.2 (App. Div. 1975)). A-4795-18T1 40 N.J.S.A. 30:4C-15.4a provides: a. In any action concerning the termination of parental rights filed pursuant to [N.J.S.A. 30:4C-15], the court shall provide the respondent parent with notice of ... herself in an action to terminate parental rights pursuant to N.J.S.A. 30:4C-15 to -20.' R.L.M., 236 N.J. at 131 ... litigation represents poor strategy in all but the rarest case, N.J.S.A. 30:4C-15.4 plainly authorizes that parent to proceed unrepresented.' Id. at ...

docket:	a4795-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Published
citation:
Document Size:	76855

95 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.K.F and G.M.V and R.B -- rank: 680

... the best- interests standard for termination of parental rights under N.J.S.A. 30:4C- 15.1(a). The Division and the Law Guardian for Jason ... prongs of the best-interests-of-the-child statutory standard, N.J.S.A. 30:4C-15.1(a)(1) to (4); see also N.J. Div ... prong of the best-interests-of-the-child statutory standard, N.J.S.A. 30:4C-15.1(a)(4). 9 Meg's motion to supplement the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also E.P., 196 N.J. at ... 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. Moreover ... pose a risk of harm to, their respective children under N.J.S.A. 30:4C-15.1(a)(1). The harm, and continued risk of ...

docket:	a2802-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-06
status:	Unpublished
citation:
Document Size:	103915

96 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.J.F. -- rank: 680

... all four prongs of the best interests test contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. This appeal followed ... 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 ... 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 that ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses on parental ...

docket:	a5332-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-01
status:	unpublished
citation:
Document Size:	69057

97 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.R.S. -- rank: 680

... 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 findings of ... not support a legal conclusion that the first prong of N.J.S.A. 30:4C-15.1a was met. B. The findings of the trial court ... not support a legal conclusion that the second prong of N.J.S.A. 30:4C-15.1a was met. C. The findings of the trial court ... not support a legal conclusion that the third prong of N.J.S.A. 30:4C-15.1a was met. D. The findings of the trial do ... not support a legal conclusion that the fourth prong of N.J.S.A. 30:4C-15.1a was met. II. THE TRIAL COURT MUST BE REVERSED ... DYFS had met the best interests standard set forth in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. While A. ...

docket:	a1267-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-11-17
status:	unpublished
citation:
Document Size:	89549

98 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.R.S. -- rank: 680

... 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 findings of ... not support a legal conclusion that the first prong of N.J.S.A. 30:4C-15.1a was met. B. The findings of the trial court ... not support a legal conclusion that the second prong of N.J.S.A. 30:4C-15.1a was met. C. The findings of the trial court ... not support a legal conclusion that the third prong of N.J.S.A. 30:4C-15.1a was met. D. The findings of the trial do ... not support a legal conclusion that the fourth prong of N.J.S.A. 30:4C-15.1a was met. II. THE TRIAL COURT MUST BE REVERSED ... DYFS had met the best interests standard set forth in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. While A. ...

docket:	a1268-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-11-17
status:	unpublished
citation:
Document Size:	89548

99 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.G and B.T -- rank: 680

... prong of the statutory best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a), by clear and 1 We refer to the ... its burden of proof as to all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The judge entered ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also F.M., 211 N.J. at ... 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 ... 417 N.J. Super. 228, 244 (App. Div. 2010) (quoting N.J.S.A. 30:4C-15.1(a)(2)). The trial court found credible Dr. Figurelli ... 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:	a1026-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-26
status:	Unpublished
citation:
Document Size:	53604

100 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.A.B. -- rank: 678

... Tyner found that the Division proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence and terminated defendant ... four prongs of the best interests of the child standard. N.J.S.A. 30:4C-15.1(a). Parents have a constitutionally protected right to enjoy ... 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)). There is sufficient credible evidence in ...

docket:	a2486-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-18
status:	unpublished
citation:
Document Size:	35226

101 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.B and P.P. -- rank: 678

... evidence prong one of the statutory best interests test under N.J.S.A. 30:4C-15.1(a). Joy does not challenge her failure to mitigate ... 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 ... 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 ... 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 ... 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 ... otherwise make any findings inconsistent with the 2021 amendment to N.J.S.A. 30:4C-15.1(a)(2), which eliminated from the analysis under ...

docket:	a2004-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-24
status:	Unpublished
citation:
Document Size:	51567

102 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.S.R and T.D -- rank: 678

... second part of the third and the fourth prong under N.J.S.A. 30:4C-15.1. The Division of Child Protection and Permanency ('Division') and ... best interest.' Casey further relies on the 2021 amendments to N.J.S.A. 30:4C-15.1(a) for the proposition that '[k]inship care is ... and (4) [TPR] will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] Importantly, these fact-sensitive factors 'overlap with one ... prongs contested by Casey. A. 'The first two prongs [of] N.J.S.A. 30:4C-15.1(a) . . . are 'the two components of the harm requirement ... 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 efforts ... That provision requires the court to 'consider[] alternatives to [TPR.]' N.J.S.A. 30:4C-15.1(a)(3). Those alternatives may include placement of ...

docket:	a2300-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-25
status:	Unpublished
citation:
Document Size:	54629

103 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.S and D.G. -- rank: 678

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four prongs "relate to and overlap with ... or will continue to be endangered by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1). The Division must prove harm that "threatens ... harm." M.M. , supra , 189 N.J. at 289 (citing N.J.S.A. 30:4C-15.1(a)(2)); see also N.J. Div. of Youth ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). The State must show that "the natural ... that resulted in her children being placed outside the home. N.J.S.A. 30:4C-15.1(a)(3). "Reasonable efforts" are attempts by an agency ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(a)(3).] Importantly, "diligence of [the Division's] ...

docket:	a0958-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	49907

104 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.D. AND D.H IN THE MATTER OF THE GUARDIANSHIP OF A.H. AND J.H MINORS -- rank: 675

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] DYFS bears the burden of proving all four prongs ... or will continue to be harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); K.H.O. , supra , 161 N.J ... constitutes "harm," in the context of the first prong of N.J.S.A. 30:4C-15.1(a)(1), in K.H.O. , supra , 161 N ... during pregnancy does not constitute harm to a child under N.J.S.A. 30:4C-15.1(a)(1). K.H.O. , supra , 161 N.J ... to provide a safe and stable home for the child. N.J.S.A. 30:4C-15.1(a). It is aimed at "determining whether the parent ... child." K.H.O. , supra , 161 N.J. at 348; N.J.S.A. 30:4C-15.1(a)(2). Alternatively, the Division can show "that ...

docket:	a2923-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	63289

105 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.D. AND D.H IN THE MATTER OF THE GUARDIANSHIP OF A.H. AND J.H MINORS -- rank: 675

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] DYFS bears the burden of proving all four prongs ... or will continue to be harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); K.H.O. , supra , 161 N.J ... constitutes "harm," in the context of the first prong of N.J.S.A. 30:4C-15.1(a)(1), in K.H.O. , supra , 161 N ... during pregnancy does not constitute harm to a child under N.J.S.A. 30:4C-15.1(a)(1). K.H.O. , supra , 161 N.J ... to provide a safe and stable home for the child. N.J.S.A. 30:4C-15.1(a). It is aimed at "determining whether the parent ... child." K.H.O. , supra , 161 N.J. at 348; N.J.S.A. 30:4C-15.1(a)(2). Alternatively, the Division can show "that ...

docket:	a2922-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	63289