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136 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J. -- rank: 674

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-0194-12T4 A-0197-12T4 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v ...

docket:	a0194-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-08
status:	unpublished
citation:
Document Size:	217652

137 DCPP VS. M.N., J.L.K. AND W.L., IN THE MATTER OF W.N.-L. AND I.N.-K., ET AL. -- rank: 672

... she] has experienced.' In addition, counsel claimed that pursuant to N.J.S.A. 9:6-8.50(b), the court could amend the allegations to conform ... a prior court hearing that another judge . . . in relying on [N.J.S.A.] 9:6-8.50(b) said that you could . . . present evidence about the ... We note our disagreement with counsel for the Division that N.J.S.A. 9:6-8.50(b) was designed to permit the Division to proceed ... qualifying her as an abused and neglected child pursuant to N.J.S.A. 9:6-8.21(c)(4)(b). After reviewing the law and summarizing ... an abused and neglected child under the last clause of N.J.S.A. 9:6-8.21(c)(4)(b) defining an abused or neglected child ... by a preponderance of the 'competent, material and relevant' evidence. N.J.S.A. 9:6-8.46(b); N.J. Div. of Child Prot. & Permanency ...

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status:	Unpublished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

138 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.D and J.M -- rank: 672

... allegations that he had sexually abused S.M. pursuant to N.J.S.A. 9:6-8.21(c).2 We affirm. On appeal, Dana raises the ... S.A. 9:6-1 to -8.114. Pursuant to N.J.S.A. 9:6- 8.21(c), an abused or neglected child is: a child ... P.W.R., 205 N.J. 17, 32 (2011) (quoting N.J.S.A. 9:6-8.46(b)). Each case of alleged abuse 'requires careful, individual ... statute does not require the child to suffer actual harm. N.J.S.A. 9:6- - 8.21(c)(4). Instead, abuse or neglect is established when ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82.' N.J. Div. of Youth & Fam ... allowed to be created a substantial risk of ongoing injury, N.J.S.A. 9:6-8.21(c)(2), because she allowed [Derrick] to be ...

docket:	a0364-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-31
status:	Unpublished
citation:
Document Size:	31461

139 DIVISION OF YOUTH AND FAMILY SERVICES T.L. IN THE MATTER OF F.L -- rank: 670

... cousins, 1 describing the event were not admissible, pursuant to N.J.S.A. 9:6-8.46(a)(4), because they were not corroborated. We reject ... F.L. was an abused or neglected child based on N.J.S.A. 9:6-8.21(c)(4), which defines a child as abused or ... a similarly serious nature requiring the aid of the court[.] N.J.S.A. 9:6-8.21(c)(3) also defines a child as abused or ... be committed an act of sexual abuse against the child." N.J.S.A. 9:6-8.84 defines sexual abuse as consisting of "contacts or actions ... in, any sexually explicit conduct or simulation of such conduct," N.J.S.A. 9:6-8.84(a). Sexual conduct is defined as including "molestation, prostitution, other forms of sexual exploitation of children or incest." N.J.S.A. 9:6-8.84(b). To prove abuse or neglect, the Division ...

docket:	a0506-11
court:	NJ Superior Court Appellate Division
decided:	2012-06-08
status:	unpublished
citation:
Document Size:	16248

140 DIVISION OF YOUTH AND FAMILY SERVICES v. P.M.J and M.R.A. -- rank: 670

... children to be abused or neglected with the meaning of [ N.J.S.A. ] 9:6-8.21. As the hearing wound down, the Division's attorney ... hearing to determine what order should be made" pursuant to N.J.S.A. 9:6-8.45(a), the court's actions were compliant with G ... be held to determine the appropriate outcome of the case. N.J.S.A. 9:6-8.50. At the dispositional hearing the court may consider 'only material and relevant evidence.' N.J.S.A. 9:6-8.46(c)." The Court listed the options available for disposition in accordance with N.J.S.A. 9:6-8.51 to -8.56, and added that the Family Part "'shall state the grounds for any disposition made.' N.J.S.A. 9:6-8.51(b)." G.M. , supra , 198 N.J. at ...

docket:	a4864-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-07
status:	unpublished
citation:
Document Size:	38599

141 A-0A-1898-14T3 OF CHILD PROTECTION AND PERMANENCY v. C.V. and J.R IN THE MATTER OF K.R., J.R., T.R., S.R B.R A.R., S.J.R., G.R P.F.R L.D.R. and T.R NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.V. and J.R and A.A IN THE MATTER OF -- rank: 668

... Division conducted emergency removals of all their children pursuant to N.J.S.A. 9:6-8.29. The next day the Division filed two Title Nine ... fit the definition of a parent or guardian contained in N.J.S.A. 9:6-8.21(a) because she is "in effect [the] step parent ... permitted application of the statutory presumption of abuse contained in N.J.S.A. 9:6-8.46(a)(2), 6 and the class of potential abusers ... serious injury inflicted upon them by other than accidental means." N.J.S.A. 9:6-8.8. As explained in Title Nine itself, this legislation was ... the three oldest children with their parents. B Pursuant to N.J.S.A. 9:6-8.32, after a parent whose child has been temporarily removed ... imminent risk to the child's life, safety or health." N.J.S.A. 9:6-8.32. Under N.J.S.A. 9:6-8. ...

docket:	a1210-14
court:	NJ Superior Court Appellate Division
decided:	2013-03-19
status:	unpublished
citation:
Document Size:	61626

142 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.B. and F.M., SR. -- rank: 668

... a Dodd emergency removal of F.M., Jr., pursuant to N.J.S.A. 9:6-8.29(a), and temporarily placed him with his maternal grandmother ... matter returned to court for a fact-finding hearing. See N.J.S.A. 9:6-8.21 to -8.73 (Title Nine). J.B. entered into ... G.M. , supra , 198 N.J. at 402; see also N.J.S.A. 9:6-8.51. A dispositional hearing is defined as one that determines "what order should be made" in the litigation. N.J.S.A. 9:6-8.45. Once the trial court decides whether the Division has ... in a fact-finding hearing, a dispositional hearing immediately follows, N.J.S.A. 9:6-8.47(a), and steers the appropriate course of the case. N.J.S.A. 9:6-8.50. N.J.S.A. 9:6-8.51( ...

docket:	a3536-09
court:	superior court trial
decided:	2011-02-23
status:	Published
citation:
Document Size:	33526

143 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.L. -- rank: 668

... decision, the trial judge applied the presumption set forth in N.J.S.A. 9:6-8.46(a)(2), and concluded the child was abused or neglected by both parents within the meaning of N.J.S.A. 9:6-8.21(c). Permanency hearings took place in January, March and ... often also entitled to the presumption of abuse contained in N.J.S.A. 9:6-8.46(a)(2), which declares that "proof of injuries sustained ... Legislature recognized this when it enacted the presumption contained in N.J.S.A. 9:6-8.46(a)(2), and we recognized that the identification of ... other adults causing the injury negated the presumption imposed by N.J.S.A. 9:6-8.46(a)(2) for the other fractures, an inference that ... was abused or neglected by defendants within the meaning of N.J.S.A. 9:6-8.21(c). In the final analysis, we must not ...

docket:	a5400-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-15
status:	unpublished
citation:
Document Size:	48356

144 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.H and C.J., SR IN THE MATTER OF C.J., JR., a Minor -- rank: 668

... J., Jr., born in April 1998, within the meaning of N.J.S.A. 9:6-8.21(c).2 We affirm, substantially for the reasons set ... executed an emergency removal of C.J., Jr., pursuant to N.J.S.A. 9:6-8.294 and 9:6-8.30, and later filed a ... verified complaint for his custody, care, and supervision, pursuant to N.J.S.A. 9:6-8.21 and 30:4C- 12, resulting in C.J., Jr ... by caseworker Vega-Valentin and, later, Detective Krenn. In 4 N.J.S.A. 9:6-8.29 permits the emergency removal of a child from the ... a shoelace . . . clearly satisf[ied] the definition [of abuse] under N.J.S.A. 9:6-8.9(a).' Additionally, the judge was 11 A-4492-15T2 ... Jr. is an abused or neglected child, as defined by N.J.S.A. 9:6-8.21.' We disagree. 6 The judge found C.J., ...

docket:	a4492-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-21
status:
citation:
Document Size:	27301

145 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.V. -- rank: 668

... Division conducted emergency removals of all their children pursuant to N.J.S.A. 9:6-8.29. The next day the Division filed two Title Nine ... fit the definition of a parent or guardian contained in N.J.S.A. 9:6-8.21(a) because she is "in effect [the] step parent ... permitted application of the statutory presumption of abuse contained in N.J.S.A. 9:6-8.46(a)(2), 6 and the class of potential abusers ... serious injury inflicted upon them by other than accidental means." N.J.S.A. 9:6-8.8. As explained in Title Nine itself, this legislation was ... the three oldest children with their parents. B Pursuant to N.J.S.A. 9:6-8.32, after a parent whose child has been temporarily removed ... imminent risk to the child's life, safety or health." N.J.S.A. 9:6-8.32. Under N.J.S.A. 9:6-8. ...

docket:	a1898-14
court:	NJ Superior Court Appellate Division
decided:	2015-05-11
status:	unpublished
citation:
Document Size:	61440

146 A-0A-1898-14T3 OF CHILD PROTECTION AND PERMANENCY v. C.V. and J.R IN THE MATTER OF K.R., J.R., T.R., S.R B.R A.R., S.J.R., G.R P.F.R L.D.R. and T.R NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.V. and J.R and A.A IN THE MATTER OF -- rank: 668

... Division conducted emergency removals of all their children pursuant to N.J.S.A. 9:6-8.29. The next day the Division filed two Title Nine ... fit the definition of a parent or guardian contained in N.J.S.A. 9:6-8.21(a) because she is "in effect [the] step parent ... permitted application of the statutory presumption of abuse contained in N.J.S.A. 9:6-8.46(a)(2), 6 and the class of potential abusers ... serious injury inflicted upon them by other than accidental means." N.J.S.A. 9:6-8.8. As explained in Title Nine itself, this legislation was ... the three oldest children with their parents. B Pursuant to N.J.S.A. 9:6-8.32, after a parent whose child has been temporarily removed ... imminent risk to the child's life, safety or health." N.J.S.A. 9:6-8.32. Under N.J.S.A. 9:6-8. ...

docket:	a1866-14
court:	NJ Superior Court Appellate Division
decided:	2013-03-19
status:	unpublished
citation:
Document Size:	61627

147 DIVISION OF YOUTH AND FAMILY SERVICES v. L.D.-S IN THE MATTER OF THE GUARDIANSHIP OF L.A.D.S a Minor -- rank: 668

... finding of abuse or neglect in the Title 9 proceeding, N.J.S.A. 9:6-8.21 to - 8.70, DYFS did not have the authority ... 3 the Division effectuated a Dodd removal 4 pursuant to N.J.S.A. 9:6-8.29 and -8.30, and L.A.D.S. was ... complaint for custody of L.A.D.S. pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. During ... 426 N.J. Super. 54 , 63 (App. Div. 2012) (citing N.J.S.A. 9:6-8.50(c)). Thus, "[t]he court has no authority to ... 2008, seeking custody of L.A.D.S. pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. Thus ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. 5 That transcript is not ...

docket:	a5841-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-10
status:	Published
citation:
Document Size:	74606

148 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.B. -- rank: 668

... daughter was an abused or neglected child, as defined by N.J.S.A. 9:6-8.21(c)(3), after the trial court found that defendant ... out of court statements were not corroborated as required by N.J.S.A. 9:6-8.46(a)(4). He also argues that plaintiff New Jersey ... established by the Commissioner of Children and Families, pursuant to N.J.S.A. 9:6-8.99. Each RDTC 'shall demonstrate a multidisciplinary approach to identifying ... that Maria 'blamed' Kelly for the sexual abuse by families.' N.J.S.A. 9:6- 8.100. One of the services provided by RDTC staff is ... testimony regarding alleged child abuse or neglect at judicial proceedings[.]' N.J.S.A. 9:6- 8.102. A-0470-17T1 8 defendant because she did not ... The court conducted a fact-finding hearing as required by N.J.S.A. 9:6- 8.44 on June 28, 2017. All of the parties ...

docket:	a0470-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-07
status:	Unpublished
citation:
Document Size:	44747

149 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.K. -- rank: 665

... her daughters, R.K. and N.K., in violation of N.J.S.A. 9:6-8.21c(4)(b), by "fail[ing] to protect them after ... against [M.K.] for failure to protect the children under N.J.S.A. 9:6-8.21(c)(4)(b). We note that the Division does ... by reason of the acts or omissions of the parent . . . ." N.J.S.A. 9:6-8.46a(2). C The passages from the judge's decision ... a] child relating to any allegation[] of abuse or neglect." N.J.S.A. 9:6-8.46a(4). 3 The point is that M.K.'s ... The statute addressing evidence in an abuse and neglect hearing, N.J.S.A. 9:6-8.46, provides some guidance in determining whether testimony is necessary ... child must be based on a preponderance of the evidence . . . ." N.J.S.A. 9:6-8.46b(1). And "only competent, material and relevant evidence ...

docket:	a6327-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-20
status:	unpublished
citation:
Document Size:	105802

150 DEPARTMENT OF CHILDREN AND FAMILIES, INSTITUTIONAL ABUSE INVESTIGATION UNIT v. D.B. -- rank: 665

... to Health and Welfare is not established, in accordance with N.J.S.A. 9:6-8.21. No adjudicative findings have been made, as the Institutional ... files and can only be disclosed as set forth in N.J.S.A. 9:6-8.10a. In accordance with the statute, however, we can release ... Bruises, Welts and Abrasions is not established in accordance with N.J.S.A. 9:6-8.21. No adjudicative findings have been made. The Institutional Abuse ... consistent with the agency’s mandated responsibilities under Title Nine, N.J.S.A. 9:6-8.21 to -8.73." "It is settled that '[a]n ... 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). N.J.S.A. 9:6-8.21(c) provides in pertinent part the definition of an ... constitutes failure to "exercise a minimum degree of care" under N.J.S.A. 9:6-8.21(c)(4). G.S. , supra , 157 N.J. ...

docket:	a5434-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-19
status:	unpublished
citation:	443 N.J.Super. 431 129 A.3d 332
Document Size:	53200