Search Rutgers Law Library N.J. Court Opinions

16 New Jersey Division of Child Protection and Permanency v. B.P. \r\n -- rank: 858

... in supplying Mia with food, clothing, and shelter pursuant to N.J.S.A. 9:6-8.21(c)(4)(a). Beth appeared for the proceedings, and ... meet its burden of establishing abuse or neglect pursuant to N.J.S.A. 9:6-8.21(c)(4)(a). 1 1. Title Nine governs acts ... a child, and strict adherence to the statutory standards of N.J.S.A. 9:6-8.21(c)(4) is important. (pp. 16-17) 2. To substantiate an abuse or neglect finding under N.J.S.A. 9:6-8.21(c)(4)(a), as relevant here, the Division must ... that Beth abused or neglected Mia within the meaning of N.J.S.A. 9:6-8.21(c)(4)(a) by putting her in imminent danger ... Beth would not have been able to be located. But N.J.S.A. 9:6-8.21(c)(4)(a) requires a finding that the ...

docket:	a_56_22
court:	supreme
decided:	2024-05-20
status:	Published
citation:
Document Size:	50645

17 New Jersey Division of Child Protection and Permanency v. A.B. -- rank: 851

... F. in violation of subsections (4)(a) and (5) of N.J.S.A. 9:6-8.21(c), explaining that “refusing to allow a 16 ... s contention that a finding of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4) could not be sustained because A.F ... majority affirmed the judge’s finding of willful abandonment under N.J.S.A. 9:6-8.21(c)(5), holding that the record contained substantial and ... B.’s abuse or neglect of A.F. under N.J.S.A. 9:6-8.21(c)(4). The Court finds insufficient proof of willful abandonment under N.J.S.A. 9:6-8.21(c)(5) and reverses on that issue. The hearsay ... statements. (p. 17) 3. To prove abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(a), the Division must establish by ...

docket:	a_27_16
court:	NJ Supreme Court
decided:	2017-12-21
status:
citation:
Document Size:	52918

18 State v. Danyell Fuqua -- rank: 834

... 6-1, [ N.J.S.A.] 9:6-3 and . . . [N.J.S.A. 9:6-8.21] is guilty of a crime of the second degree ... a 1 crime of the fourth degree.” (emphasis added). N.J.S.A. 9:6-8.21, in pertinent part, defines “[a]bused or neglected ... the Legislature incorporating a “substantial risk” of harm from N.J.S.A. 9:6-8.21 into N.J.S.A. 2C:24-4(a ... 24-4(a)(2) defines “harm” by expressly incorporating N.J.S.A. 9:6-8.21, which proscribes exposing a child to a substantial risk ... 6- 1, [ N.J.S.A.] 9:6-3 and . . . [ N.J.S.A. 9:6- 8.21] is guilty of a crime of the second degree ... that places a child at substantial risk of harm.”). N.J.S.A. 9:6-8.21, in pertinent part, defines “[a]bused or ...

docket:	a_4_17
court:	NJ Supreme Court
decided:	2018-08-09
status:
citation:
Document Size:	73525

19 State of New Jersey v. P.Z. -- rank: 822

... notified DYFS about C.Z.'s injuries as mandated by N.J.S.A. 9:6-8.10 when there is �reasonable cause to believe that a ... unable to ascertain who had caused the child's injuries. N.J.S.A. 9:6-8.21. Defendant and his wife were represented by separate counsel ... that the legal rights of such children are fully protected. [ N.J.S.A. 9:6-8.8.] ����Because child abuse and neglect are often difficult to ... of child abuse� must inform DYFS See footnote 3 immediately. N.J.S.A. 9:6-8.10. The Division is required to investigate the allegations, N.J.S.A. 9:6-8.11, -8.18; N.J.S.A. 30:4C-11 ... action to safeguard the child or children from further injury, N.J.S.A. 9:6-8.8, -8.11, -8.18. When warranted by the ...

docket:	a-21-96
court:	njsupreme
decided:	1997-11-26
status:
citation:	143 N.J. 480
Document Size:	140018

20 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.B and C.W. and T.B -- rank: 818

... of a parent without a court order, as authorized by N.J.S.A. 9:6-8.29, a provision included within the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. A-5119-17T1 4 In January ... from which Teri had a right to appeal pursuant to N.J.S.A. 9:6- 8.70, and that she failed to timely file her appeal ... A., 357 N.J. Super. 155, 164 (App. Div. 2003). N.J.S.A. 9:6-8.70 provides for appeals as of right from two types ... from 'any other final order made pursuant to' Title Nine. N.J.S.A. 9:6-8.70. Thus, the Legislature distinguished 'final order[s]of disposition ... as to all parties in the Title Nine proceeding ignores N.J.S.A. 9:6-8.70's distinction between final orders of disposition following ...

docket:	a5119-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-04
status:	Unpublished
citation:
Document Size:	53344

21 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is only binding on the parties in the case and its use in other cases is limited. R.1:36-3 A-03010-14T3 STATE OF NEW J -- rank: 818

... Youth and Family Services (DYFS or the Division) 1 records, N.J.S.A. 9:6-8.10(b), a fourth-degree offense, and the disorderly persons ... form also included a "statement of conclusion" describing the abuse. N.J.S.A. 9:6-8.10a(a) addresses the limited circumstances in which the Department ... part: All records of child abuse reports made pursuant to [ N.J.S.A. 9:6-8.10], all information obtained by the Department of Children and ... Families in investigating such reports including reports received pursuant to [ N.J.S.A. 9:6-8.40], and all reports of findings forwarded to the child abuse registry pursuant to [ N.J.S.A. 9:6-8.11] shall be kept confidential and may be disclosed only ... a civil or criminal investigation or judicial proceeding. Nothing in [ N.J.S.A. 9:6-8.10a et seq.] shall be construed to permit the ...

docket:	a3010-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	70297

22 OF YOUTH AND FAMILY SERVICES v. V.G., T.C., AND D.J - IN THE MATTER OF U.G. AND T.C., minors -- rank: 818

... did not meet the statutory standard for neglect pursuant to N.J.S.A. 9:6-8.21. We agree and reverse the November 9, 2010 order ... the trial court: (1) erred in interpreting the requirements of N.J.S.A. 9:6-8.21(c)(4), arguing Violet's acts and omissions satisfied ... R.D. , 207 N.J. 88 , 108 (2011). See also N.J.S.A. 9:6-8.21 to -8.73. The wellbeing of children is the paramount concern. N.J.S.A. 9:6-8.8a. Title Nine permits the Division to immediately remove a ... safety or health," prior to applying for a court order. N.J.S.A. 9:6-8.29. An abused or neglected child is defined, in pertinent ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(1)-(4).] Regulations promulgated by the Commissioner ...

docket:	a1805-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-23
status:	unpublished
citation:
Document Size:	60900

23 G.S. v. Department of Human Services, Division of Youth and Family Services -- rank: 809

... Court considers whether a finding of neglect is sustainable under N.J.S.A. 9:6-8.21 is on the harm to the child and not ... are sufficient to hold her liable for child neglect under N.J.S.A. 9:6-8.21(c)(4)(b). (pp. 24-26) ����Judgment of the ... committed an act of child neglect within the meaning of N.J.S.A. 9:6-8.21. G.S. appealed the investigative finding and the Appellate ... cannot form the basis for a finding of neglect under N.J.S.A. 9:6-8.21. This Court remanded for a determination of whether the finding of neglect was sustainable under N.J.S.A. 9:6-8.21(c)(4)(b). The Appellate Division again concluded that ... that accidental injuries can support a finding of neglect under N.J.S.A. 9:6-8.21(c)(4)(b). We agree and reverse. I. ���� ...

docket:	a-174-97
court:	njsupreme
decided:	1999-02-17
status:
citation:	157 N.J. 161
Document Size:	50192

24 New Jersey Division of Child Protection v. N.T. -- rank: 802

... E. 803(c)(6), whether the report is offered under N.J.S.A. 9:6-8.46(a)(3), Rule 5:12-4(d), or In ... R.E. 803(c)(6) and meets the requirements of N.J.S.A. 9:6-8.46(a)(3), Rule 5:12-4(d), or Cope ... is offered under N.J.R.E. 803(c)(6), N.J.S.A. 9:6-8.46(a)(3), Rule 5:12-4(d), or Cope ... II. Before considering Stepfather's claims, some background is necessary. N.J.S.A. 9:6-8.21(c)(4) defines an "[a]bused or neglected child ... R.E. 801(d)). In 1974, in its act creating N.J.S.A. 9:6-8.21 through -8.73 (Title 9), the Legislature included N.J.S.A. 9:6-8.46(a)(3), which provides that in any hearing ...

docket:	a1008-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	published
citation:	445 N.J.Super. 478 139 A.3d 108
Document Size:	70568

25 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. W.G.P and J.P. and R.H.C -- rank: 802

... v. A.B., 231 N.J. 354, 368 (2017) (quoting N.J.S.A. 9:6-8.8). To establish abuse or neglect under Title Nine, the ... and relevant evidence' that the child is 'abused or neglected . . . .' N.J.S.A. 9:6-8.46(b). The Division must present 'proof of actual harm ... inflicted harm, or substantial risk thereof[.] A-2613-21 13 [N.J.S.A. 9:6-8.21(c)(4).] The term ''minimum degree of care' refers ... M.C. III, 201 N.J. 328, 343 (2010) (quoting N.J.S.A. 9:6-8.46(b)). The facts supporting its claim of abuse or neglect must be based on admissible evidence. N.J.S.A. 9:6-8.46(a)(1). Pertinent here, N.J.S.A. 9:6-8.46(a)(3) permits the admission of certain documents ...

docket:	a2613-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-08
status:	Unpublished
citation:
Document Size:	59269

26 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S and V.S -- rank: 798

... or neglected the minor child H.S. 1 pursuant to N.J.S.A. 9:6-8.21(c). We reverse and remand the matter to the ... were abused or neglected. In the complaint, the Division cited ' N.J.S.A. 9:6-8.21 et. seq., N.J.S.A. 30:4C-12 ... child without a court order pursuant to the Dodd Act, N.J.S.A. 9:6-8.21 to - 8.73. A-2182-19 8 presented testimony ... found H.S. was an abused or neglected child under N.J.S.A. 9:6-8.21(c) because S.S. threw the cup which injured ... that H.S. was an abused or neglected child under N.J.S.A. 9:6-8.21(c)(2). She also argues that the judge did ... have authority to make findings of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4) because the Division did not cite ...

docket:	a2182-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-23
status:	Unpublished
citation:
Document Size:	34363

27 DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.S. -- rank: 786

... this investigation" would be expunged after three years pursuant to N.J.S.A. 9:6-8.40(a) and N.J.A.C. 3A:10-8 ... files but would "not be disclosed except as permitted by N.J.S.A. 9:6-8.10a." The notification letters also included a definition of the ... child is an abused or neglected child as defined in N.J.S.A. 9:6-8.21, but evidence indicates that the child was harmed or ... and prejudicial information. We are not persuaded by these arguments. N.J.S.A. 9:6-8.21(c) defines an abused or neglected child. Corporal punishment constitutes "abuse" under N.J.S.A. 9:6-8.21(c)(4)(b) if it is excessive. The statute ... investigation to determine whether abuse or neglect, as defined in N.J.S.A. 9:6-8.21(c), has occurred. N.J.S.A. 9: ...

docket:	a2059-13
court:	NJ Superior Court Appellate Division
decided:	2017-07-19
status:	published
citation:
Document Size:	55795

28 Jersey Division of Youth and Family Services v. P.W.R. -- rank: 784

... to her stepdaughter constituted abuse and neglect under Title Nine, N.J.S.A. 9:6-8.21 to -8.73. Alice was born on May 17 ... minor, the court’s findings of violations under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, were insufficient as a matter of ... M.C. III , 201 N.J. 328 , 343 (2010) (citing N.J.S.A. 9:6-8.21 to -8.73). The purpose animating Title Nine � ... age who have had serious injury inflicted upon them.” N.J.S.A. 9:6-8.8; see G.S. v. Dep’t of Human Servs ... of a “[p]arent or guardian” under Title Nine. N.J.S.A. 9:6-8.21. And, Title Nine includes within the definition of an ... bused or neglected child” persons under the age of eighteen. N.J.S.A. 9:6-8.84. Therefore a sixteen-year-old teenager like Alice ...

docket:	a-79-09
court:	New Jersey Supreme Court
decided:	2011-01-26
status:
citation:
Document Size:	84115

29 H.S.P. v. J.K. -- rank: 782

... medical or surgical care though financially able to do so." N.J.S.A. 9:6-8.9(d); N.J.S.A. 9:6-8.21(c)(4). Failure to exercise a minimum degree of ... injured his health in a serious or protracted way. See N.J.S.A. 9:6-8.9(b); N.J.S.A. 9:6-8.21(c)(2). We cannot conclude on this record that ... one child is admissible to show neglect of another child, N.J.S.A. 9:6-8.46(a)(1), the judge properly found no evidence that ... a child who has been willfully abandoned by his parent." N.J.S.A. 9:6-8.9(e); N.J.S.A. 9:6-8. ...

docket:	a1121-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	published
citation:	435 N.J.Super. 147 87 A.3d 255
Document Size:	65214

30 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.K. -- rank: 780

... both defendant and S.K. with child sexual abuse under N.J.S.A. 9:6-8.21(c)(3). The Family Part granted the OTSC, placed ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. The Act was authored by former ... Family Part Judge conducted a fact-finding hearing pursuant to N.J.S.A. 9:6- 8.44, and the Division called defendant as a witness to ... enforcement agency investigating a report of child abuse or neglect[.]' N.J.S.A. 9:6-8.10a(b)(2). In DYFS v. Robert M., 347 N ... instances of suspected criminal activity including child abuse or neglect. N.J.S.A. 9:6-8.36a; N.J.A.C. 10:129-1.1(a ... Court, a copy must be sent to the county prosecutor N.J.S.A. 9:6- 8.25a. Alternatively, if the prosecutor decides to bring a ...

docket:	a2734-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Published
citation:	456 N.J.Super. 245 193 A.3d 309
Document Size:	88071