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106 AND FAMILY SERVICES v. T.S IN THE MATTER OF I.S and V.S Minors -- rank: 688

... not abused or neglected the children within the meaning of N.J.S.A. 9:6-8.21c. The court erred because it did not conduct a ... filed a complaint and order to show cause pursuant to N.J.S.A. 9:6-8.28 and N.J.S.A. 30:4C-12 and ... arrange for a psychological evaluation of I.St. 1 See N.J.S.A. 9:6-8.27a (authorizing the Division to remove a child with the ... presumably on a finding that they could be safely returned, N.J.S.A. 9:6-8.32. On December 8, the court entered an order providing ... determine whether the Division could establish abuse and neglect. See N.J.S.A. 9:6-8.44, -8.46. On June 16, 2010, the court heard ... here, the Division has commenced an action under Title 9, N.J.S.A. 9:6-8.21 to -8.70, and Title 30, N.J. ...

docket:	a3012-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-31
status:	published
citation:	426 N.J. Super. 54 42 A.3d 942
Document Size:	35175

107 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.M and J.A. and T.S IN THE MATTER OF C.S a Minor -- rank: 688

... her four-year-old daughter C.S. in violation of N.J.S.A. 9:6-8.21(c)(2) and (c)(4)(b), by leaving her ... A. had abused or neglected Clara within the meaning of N.J.S.A. 9:6-8.21(c)(2) and (c)(4)(b). With regard to ... that a child has been neglected or abused, pursuant to N.J.S.A. 9:6-8.21, the trial judge is to conduct an evidentiary hearing ... hearing, 'only competent, material and relevant evidence may be admitted.' N.J.S.A. 9:6-8.46(b). The Division bears the burden of proving abuse ... been established, it 'shall state the grounds for [such] findings.' N.J.S.A. 9:6-8.50(a). Abuse and neglect, as defined by N.J.S.A. 9:6-8.21(c), occurs when A-1368-18T1 10 [a] ...

docket:	a1368-18
court:	NJ Superior Court Appellate Division
decided:	2019-10-11
status:	Unpublished
citation:
Document Size:	41511

108 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.D. and M.D. -- rank: 686

... basis. The parents moved to vacate the order pursuant to N.J.S.A. 9:6-8.32. The judge heard oral argument on the motion on ... social contact under circumstances which indicate emotional or social deprivation. [ N.J.S.A. 9:6-8.21c.] In an emergency situation, if a child is removed ... necessary to avoid imminent danger to his life or health." N.J.S.A. 9:6-8.33. In order to determine whether a child is abused ... or neglected, the court must hold a "fact-finding hearing." N.J.S.A. 9:6-8.44. Proof of abuse or neglect of one child is ... or neglect of any other child" of the same parents. N.J.S.A. 9:6-8.46. If the court determines that a child is abused ... a "dispositional hearing" to determine "what order should be made." N.J.S.A. 9:6-8.45. The dispositional hearing "may commence immediately" after the ...

docket:	a5870-06
court:	njappellate
decided:	2008-03-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	116003

109 IN THE MATTER OF THE CERTIFICATES OF ANTHONY PARASKEVOPOULOS v. STATE BOARD OF EXAMINERS and COMMISSIONER OF EDUCATION - -- rank: 686

... concerns about his colleague's behavior with the students because N.J.S.A. 9:6-8.13 grants immunity to those who report child abuse as required by N.J.S.A. 9:6-8.10. The ALJ determined that N.J.S.A. 9:6-8.13, by its terms, applies to reports of "abuse" that ... of his second appeal. He filed that action pursuant to N.J.S.A. 9:6-8.13, which in addition to immunity from all civil and ... a good faith report of child abuse as required by N.J.S.A. 9:6-8.10. The Commissioner and Board moved to dismiss on the ground that Paraskevopoulos was denied relief pursuant to N.J.S.A. 9:6-8.13 in the administrative proceeding and had an appeal ...

docket:	a1026-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-18
status:	unpublished
citation:
Document Size:	23572

110 NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES INSTITUTIONAL ABUSE INVESTIGATION UNIT - v. W.G. -- rank: 686

... or neglected a student, A.L., within the definition of N.J.S.A. 9:6-8.21(c)(1), (2), (4)(b) and (6). We reverse ... G. abused or neglected A.L. within the meaning of N.J.S.A. 9:6-8.21(c)(1), (2), (4)(b) and (6). This appeal ... Here, W.G. primarily challenges the Director's interpretation of N.J.S.A. 9:6-8.21(c)(1), (2), (4)(b) and (6) to conclude ... child's behavior is harmful to himself, others or property . . . . [ N.J.S.A. 9:6-8:21(c)(1)-(2), (6) (emphasis added).] The Director concluded ... W.G.'s conduct constituted abuse or neglect pursuant to N.J.S.A. 9:6-8.21(c)(1) and (2) because "[W.G.] inflicted upon ... W.G.'s conduct also constituted abuse or neglect under N.J.S.A. 9:6-8:21(c)(6). The Director found that A.L. ...

docket:	a5894-08
court:	NJ Superior Court Appellate Division
decided:	2011-09-30
status:	unpublished
citation:
Document Size:	35092

111 IN THE MATTER OF THE CERTIFICATES OF ANTHONY PARASKEVOPOULOS -- rank: 686

... concerns about his colleague's behavior with the students because N.J.S.A. 9:6-8.13 grants immunity to those who report child abuse as required by N.J.S.A. 9:6-8.10. The ALJ determined that N.J.S.A. 9:6-8.13, by its terms, applies to reports of "abuse" that ... of his second appeal. He filed that action pursuant to N.J.S.A. 9:6-8.13, which in addition to immunity from all civil and ... a good faith report of child abuse as required by N.J.S.A. 9:6-8.10. The Commissioner and Board moved to dismiss on the ground that Paraskevopoulos was denied relief pursuant to N.J.S.A. 9:6-8.13 in the administrative proceeding and had an appeal ...

docket:	a3657-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-18
status:	unpublished
citation:
Document Size:	22898

112 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES V. P.H. -- rank: 686

... had not proven abuse and neglect by either parent under N.J.S.A. 9:6-8.21(c)(4). The judge returned the child to his ... Michael and Xia were abused or neglected children pursuant to N.J.S.A. 9:6-8.21(c), the trial judge relied upon hospital records from ... 383 (1999)). The Division brought this case under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, the statute covering non-criminal abuse ... of the evidence that the child was abused or neglected. N.J.S.A. 9:6-8.44. The evidence presented at a fact-finding hearing must be competent, material and relevant. N.J.S.A. 9:6-8.46(b)(2). An "abused or neglected" child is defined ... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4).] In determining whether action or inaction ...

docket:	a1935-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-17
status:	unpublished
citation:
Document Size:	43329

113 OF CHILD PROTECTION AND PERMANENCY v. J.F and S.G IN THE MATTER OF J.F J.F and J.F., Minors -- rank: 683

... the infliction of excessive corporal punishment within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b). The Law Guardian joins the Division ... located, Hutchinson initiated an emergency removal of the children. See N.J.S.A. 9:6-8.29(a). Perez, the Division's permanency worker, had been ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4).] "[A]ny determination that the child is ... and . . . only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b). While the Division must demonstrate "the probability of ... certif. denied , 182 N.J. 426 (2005). The language in N.J.S.A. 9:6-8.21(c)(4) concerning failure "to exercise a minimum degree ... element in the definition of abuse or neglect[]" is missing. N.J.S.A. 9:6.8-21(c)(4)(b). Although expert testimony is not ...

docket:	a5698-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-25
status:	Published
citation:
Document Size:	50086

114 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.D. -- rank: 683

... verified complaint against M.D. and H.A. pursuant to " N.J.S.A. 9:6-8.21 et seq. [Title Nine] and N.J.S.A ... to sustain the complaint under this act are not established." N.J.S.A. 9:6-8.50c. In litigation filed under both Title Nine and Title ... finding of abuse or neglect, id. at 399-401; see N.J.S.A. 9:6-8.45 to -51. Here, by contrast, the judge proceeded under ... means a hearing to determine what order should be made," N.J.S.A. 9:6-8.45, at which the court can consider whether "the child ... from both N.J.S.A. 30:4C-12 and N.J.S.A. 9:6-8.21 to -8.73 in that it provides for a ... the emergency removal of M.D. from the home. Cf. N.J.S.A. 9:6-8.27 to -8.30 (addressing the removal of a ...

docket:	a0005-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-22
status:	unpublished
citation:
Document Size:	51699

115 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.S.,1 and R.D., P.B., M.B., B.B., P.G and O.S -- rank: 683

... violence to continue in their presence within the meaning of N.J.S.A. 9:6-8.21(c)(1), (2) and (4)(b). N.S. also ... on December 7, 2018, the Division filed a complaint under N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12 against ... from the home without a court order as authorized by N.J.S.A. 9:6-8.29 of the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. A-3821-19 9 prosecutor's ... S. abused and neglected Zeke and Zara in violation of N.J.S.A. 9:6-8.21(c)(1), (2), and (4)(b). The judge found ... v. A.L., 213 N.J. 1, 22 (2013) (citing N.J.S.A. 9:6-8.46(b)). The Division must sustain that burden 'through ...

docket:	a3821-19
court:	NJ Superior Court Appellate Division
decided:	2021-10-05
status:	Unpublished
citation:
Document Size:	35513

116 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.S. -- rank: 683

... appeals from the order entered following a fact-finding hearing, N.J.S.A. 9:6-8.44, at which Judge Mizdol found C.S. neglected her ... an imminent threat to the physical condition of the child. N.J.S.A. 9:6-8.21c(4)(b). Judge Mizdol found that C.S. allowed ... or allowing to be inflicted harm, or substantial risk thereof. [ N.J.S.A. 9:6-8.21c(4).] Judge Mizdol determined by a preponderance of the ... risk of harm to the child within the meaning of N.J.S.A. 9:6-8.21c(4). Defendant disputes this finding in two ways. First ... the physical condition of C.C. within the meaning of N.J.S.A. 9:6-8.21c(4). Defendant also argues that DYFS failed to demonstrate ... exercise a minimum degree of care within the meaning of N.J.S.A. 9:6-8.21c(4). Defendant's argument fails because DYFS is ...

docket:	a1767-09
court:	superior court appellate division
decided:	2010-11-09
status:	unpublished
citation:
Document Size:	24802

117 OF YOUTH AND FAMILY SERVICES v. A.M and H.E IN THE MATTER OF D.M a minor -- rank: 683

... Family Services (Division) effected an emergency removal of D.M., N.J.S.A. 9:6-8.29 to -8.30, and placed him in the care ... through his or her own means or through offered aid. N.J.S.A. 9:6-8.21(c)(4)(a); see also N.J.A.C ... was an abused and neglected child within the meaning of N.J.S.A. 9:6-8.21(c)(4). II Under Title 9, after the fact ... it, or the Division failed to establish abuse or neglect. N.J.S.A. 9:6-8.50(c). Neither of these alternatives obtained here. Consequently, because ... determine the appropriate outcome of the case. Id. at 399; N.J.S.A. 9:6-8.50. Because the dispositional hearing is a critical stage in ... s conclusions must be based on material and relevant evidence, N.J.S.A. 9:6-8.46(b), (c). The witnesses should be under oath ...

docket:	a4621-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-16
status:	unpublished
citation:
Document Size:	26363

118 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.L. -- rank: 681

... the underlying emergent complaint seeking his custody, care and supervision. N.J.S.A. 9:6-8.28. A July 3, 2014 order granted the request pending ... to be an abused child, as defined under the statute, N.J.S.A. 9:6-8.21(c). He ordered Walker remain in the Division's ... of Human Servs. , 157 N.J. 161, 171 (1999) (citing N.J.S.A. 9:6-8.8). See also N.J.S.A. 9:6-8.21 to -8.73 (governing protection of abused and neglected ... child." Y.N. , supra , 220 N.J. at 178 (citing N.J.S.A. 9:6-8.33). An "abused or neglected child" is defined this way in N.J.S.A. 9:6-8.21(c)(4)(b): "Abused or neglected child" means ...

docket:	a5786-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-09
status:	unpublished
citation:
Document Size:	40692

119 /usr/local/share/www/libweb/collections/courts/appellate/a2232-13a2236-13.opn.html -- rank: 681

... the controlling standards for adjudicating cases of abuse and neglect. N.J.S.A. 9:6-8.21 to -8.73; Dep't of Children & Families, Div ... held to determine whether a child is abused or neglected. N.J.S.A. 9:6-8.44. An abused or neglected child is one who is ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4).] "[A]ny determination that the child is ... and . . . only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b). Where there is no evidence of actual harm ... v. A.L. , 213 N.J. 1 , 23 (2013) (citing N.J.S.A. 9:6-8.21(c)(4)(b)). While the Division must demonstrate "the ... 426 (2005). A "minimum degree of care," as required by N.J.S.A. 9:6-8.21(c)(4)(b), does not refer to merely ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	37972

120 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.M. -- rank: 681

... January 3, 2013, the Division filed a complaint pursuant to N.J.S.A. 9:6-8.21 ("Title 9") and N.J.S.A. 30:4C ... neglected." I.S. , supra , 214 N.J. at 14 (citing N.J.S.A. 9:6-8.21). Prior to a Title 9 fact-finding hearing, "[i ... guardian." G.M. , supra , 198 N.J. at 397 (citing N.J.S.A. 9:6-8.27(a), -8.29). Thereafter, the offending parent may apply ... child's life, safety or health.'" Id. at 398 (quoting N.J.S.A. 9:6-8.32). If the court makes a finding of abuse or ... the appropriate outcome of the case." Id. at 399 (citing N.J.S.A. 9:6-8.50). At that hearing, the court may: [E]nter a suspended judgment, N.J.S.A. 9:6-8.52; release the child to the custody of the ...

docket:	a1391-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-23
status:	unpublished
citation:
Document Size:	31978