Search Rutgers Law Library N.J. Court Opinions

31 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.L.S. -- rank: 775

... complaint. Although the complaint sought custody of Luke, pursuant to N.J.S.A. 9:6-8.21 to -8.73 (Title 9), and N.J.S ... a finding of abuse or neglect against Jane pursuant to N.J.S.A. 9:6-8.21(C)(4)(b), or, in the alternative, a finding ... M. , 375 N.J. SUPER. 235 (APP. DIV. 2005). (2) N.J.S.A. 9:6-8.21(c)(4)(a) D. THE TRIAL COURT ERRED IN ... we review them for plain error. R. 2:10-2. N.J.S.A. 9:6-8.29 provides that DYFS: may remove a child from the ... the "bare assertions of Division counsel" in affirming the removal. N.J.S.A. 9:6-8.31 provides in pertinent part: a. In any case where ... were somewhat truncated, and many of the findings required by N.J.S.A. 9:6-8.31 were placed on the record only after prompting ...

docket:	a1932-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-26
status:	unpublished
citation:
Document Size:	45961

32 L.A. v. NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES -- rank: 775

... allegation of negligence with regard to Dr. Yu rests upon N.J.S.A. 9:6-8.10 and that section reads as follows. "Any person having ... judge, that the applicable standard of care is embodied in N.J.S.A. 9:6-8.10. 5 Unlike its predecessor, that statute is applicable to ... F. , 280 N.J. Super. 570 , 576 (App. Div. 1995). N.J.S.A. 9:6-8.10 provides as follows: 6 Any person having reasonable cause ... that are "potentially suspicious." We find it significant that, in N.J.S.A. 9:6-8.36a, the Legislature did require reporting of "all instances of ... case requires the reporting of mere suspicions concerning child abuse. N.J.S.A. 9:6-8.9 defines "abused child" and "child abuse" for the purposes of N.J.S.A. 9:6-8.10 as follows: [A] child under the age of ...

docket:	a2726-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-16
status:	published
citation:	429 N.J.Super. 48 56 A.3d 890
Document Size:	42706

33 Dep’t of Children & Families, Div. of Youth & Family Servs. v. T.B. -- rank: 773

... substantiated the neglect allegation against Susan based upon inadequate supervision, N.J.S.A. 9:6-8.21(c)(4)(b). Susan filed an appeal and the ... failed to exercise the minimum degree of care required by N.J.S.A. 9:6-8.21(c)(4)(b), and concluded that Susan had placed ... fail to “exercise a minimum degree of care” under N.J.S.A. 9:6-8.21(c)(4)(b) because her conduct did not rise ... Jersey Statutes controls the adjudication of abuse and neglect cases. N.J.S.A. 9:6-8.21(c)(4)(b), the provision at issue here, defines ... a cautionary act is merely negligent, it does not trigger N.J.S.A. 9:6-8.21(c)(4)(b). Focus on the parent’s level ... S.A. 9:6-1 to -8.106, in particular, N.J.S.A. 9:6-8.21(c)(4), which defines the term “abused ...

docket:	a-21-10
court:	superior court trial
decided:	2011-08-08
status:
citation:
Document Size:	74641

34 NEW JERSEY DIVISION OF YOUTH & FAMILY SERVICES VS M.R. -- rank: 769

... DYFS's files and not disclosed, except as permitted by N.J.S.A. 9:6-8.10a. She was also advised that failure to seek a ... was listed in DYFS's Central Registry in accordance with N.J.S.A. 9:6-8.11 and N.J.A.C. 10:129A-3.4 ... DYFS to investigate and monitor child abuse allegations appear in N.J.S.A. 9:6-8.8 to -8.20 and N.J.S.A. 9:6-8.21 to -8.82, enacted by L. 1971, c. 437 ... and L. 1974, c. 119, effective Oct. 10, 1974. Under N.J.S.A. 9:6-8.10, a person who has reason to believe that a ... to DYFS. The regulations adopted to implement the statute, see N.J.S.A. 9:6-8.15 and 9:6-8.72, require DYFS to ...

docket:	a5985-96
court:	njappellate
decided:	1996-07-21
status:	published
citation:	314 N.J.Super. 390
Document Size:	76304

35 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.B. -- rank: 769

... or allowing harm to be inflicted to J.B. under N.J.S.A. 9:6- 8.21(c)(4)(b). 'Where there is a conflict between ... that the finding of abuse or neglect was entered under N.J.S.A. 9:6-8.21(c)(4)(b). See R. 1:13-1. We ... conduct met the standard for abuse and neglect enunciated in N.J.S.A. 9:6-8.21(c)(4)(b). II. A. K.B. is the ... by the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. See N.J. Div. of Youth ... that K.B. had abused or neglected J.B. under N.J.S.A. 9:6- 8.21(c)(4), because J.B's physical condition had ... J.B. was in K.B.'s care pursuant to N.J.S.A. 9:6-8.46(a)(2) and Rule 5:12-4(d) ...

docket:	a3595-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-07
status:	Unpublished
citation:
Document Size:	38499

36 /usr/local/share/www/libweb/collections/courts/appellate/a4937-15.opn.html -- rank: 766

... residence and placed him at a resource home, pursuant to N.J.S.A. 9:6-8.21 to -8.82. On November 4, 2013, J.R ... he had been left unsupervised.' 6 A-4937-15T1 under N.J.S.A. 9:6-8.21(c)(4)(b) by failing to exercise a minimum ... the evidence was inadequate to show abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b). We disagree.4 Under N.J.S.A. 9:6-8.21(c)(4), a child is abused or neglected if ... finding hearing, the Division also alleged Father and Grandmother violated N.J.S.A. 9:6-8.21(c)(3), which authorizes a finding of abuse or ... becoming impaired' by willingly allowing Father to have unsupervised contact. N.J.S.A. 9:6-8.21(c)(4)(b). Father pled guilty to committing ...

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court:	NJ Superior Court Law/Chancery Division
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37 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.D. -- rank: 766

... Division sought custody of defendant's seven children pursuant to N.J.S.A. 9:6- 8.21 and N.J.S.A. 30:4C-12. At ... minor without a court order pursuant to the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. N.J. Div. of Child Prot ... of K.H.U., 161 N.J. 337, 347 (1999)). N.J.S.A. 9:6-8.21(c)(4) defines a child as abused or neglected ... child with adequate . . . education . . . .' To prove abuse or neglect under N.J.S.A. 9:6-8.21(c)(4), the Division 'must establish by a preponderance ... slip op. 27-28. 'The reference to education contained in N.J.S.A. 9:6- 8.21(c)(4)(a) concerns parental encouragement to truancy of ... v. G.M., 198 N.J. 382, 399 (2009) (citing N.J.S.A. 9:6-8.47). The dispositional hearing is necessary to determine the ...

docket:	a1905-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-08
status:	published
citation:	453 N.J.Super. 511 182 A.3d 978
Document Size:	62032

38 IN THE MATTER OF THE MINOR CHILDREN J.E. AND J.C. -- rank: 766

... whether, under N.J.S.A. 9:6-1 and N.J.S.A. 9:6-8.21(c), the children were abandoned, abused or neglected by ... a similarly serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c).] J.E.’s and J.C.� ... cause[d] . . . protracted impairment of physical or emotional health[.]” N.J.S.A. 9:6-8.21(c)(1). This court therefore concludes that the boys� ... fits squarely within the statutory definition of abuse and neglect. N.J.S.A. 9:6-8.21(c)(4). The father’s abuse and neglect did ... nothing to protect them from the abuse by their stepmother. N.J.S.A. 9:6-8.21(c)(4)(b). Because the boys were abandoned, abused ...

docket:	fd-01-1286-13
court:
decided:	2013-04-19
status:
citation:	432 N.J.Super. 361 74 A.3d 1013
Document Size:	60152

39 /usr/local/share/www/libweb/collections/courts/appellate/a2062-18.opn.html -- rank: 762

... trial court conducted a Title Nine fact-finding hearing, see N.J.S.A. 9:6-8.44 (defining the term 'fact-finding hearing' as 'a hearing ... abuse or neglect against defendant A-2062-18T4 4 under N.J.S.A. 9:6-8.21(c). Thereafter, the court entered a dispositional order that ... a child was abused or neglected within the meaning of N.J.S.A. 9:6-8.21(c), '[t]he Division bears the burden of proof ... v. A.L., 213 N.J. 1, 22 (2013); accord N.J.S.A. 9:6-8.46(b)(1). The Division must meet its burden with 'competent, material and relevant' proofs. N.J.S.A. 9:6-8.46(b). Absent an abuse of discretion, we defer to ... conclusion that a child's statements were corroborated pursuant to N.J.S.A. 9:6-8.46(a)).5 5 The Division and M.D. ...

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40 STATE OF NEW JERSEY v. ISAAC A. YOUNG -- rank: 762

... of a confidential child abuse record, a fourth-degree offense, N.J.S.A. 9:6-8.10b, hindering his own apprehension or prosecution by giving a ... Defendant argued that the statute he was charged with violating, N.J.S.A. 9:6-8.10b, did not apply to his conduct. The court denied ... permit the criminal condemnation of conduct that did not offend [ N.J.S.A. 9:6-8.10b]." He contends the court's actions violated due process ... to the Division alone. It relies upon the language in N.J.S.A. 9:6-8.10b, which prohibits the release of records by "[a]ny person," and N.J.S.A. 9:6-8.10a, which provides that Division records "may be disclosed only ... J. 50 , 64 (2010) (citation omitted). The plain language of N.J.S.A. 9:6-8.10a requires that the Division and any person or ...

docket:	a1857-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-09
status:	published
citation:	448 N.J.Super. 206 152 A.3d 955
Document Size:	59499

41 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.T. -- rank: 753

... removal of a child without a court order, pursuant to N.J.S.A. 9:6-8:29 of the Dodd Act, codified in N.J.S.A. 9:6-8:21 to -8:82. N.J. Div. of Youth & Family ... of the evidence defendant abused or neglected her children. See N.J.S.A. 9:6-8.21(c)(4)(a) and (b). More particularly, the judge ... FAILED TO APPLY THE WELL ESTABLISHED LEGAL STANDARD[] STATED IN N.J.S.A. 9:6-8.21(c) AND CASE LAW IN MAKING THE FINDING THAT ... Not Exercise a Minimum Degree of Care Under Title Nine ( N.J.S.A. 9:6-8.21(c)(4)(a) and (b)), Therefore the Court's ... 15T1 allowing to be inflicted harm, or substantial risk thereof . . . . [N.J.S.A. 9:6-8.21(c)(4)(a),(b).] The Division bears the ...

docket:	a2053-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-08
status:	unpublished
citation:
Document Size:	65800

42 DIVISION OF YOUTH AND FAMILY SERVICES v. N.M IN THE MATTER OF J.K JR., and JO.K., minors -- rank: 753

... she abused or neglected her infant James in violation of N.J.S.A. 9:6-8.21(c)(4). The court adopted the contentions of the ... persuaded that defendant had neglected James, within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b), by permitting the father to care ... they are "immediately safeguarded from further injury and possible death[.]" N.J.S.A. 9:6-8.8(a). The statute's primary concern is the safety ... to determine whether a child has been abused or neglected. N.J.S.A. 9.6-8.44. The Division must prove by a preponderance of the ... and "only competent, material and relevant evidence" can be admitted. N.J.S.A. 9:6-8.46(b)(2). If the court finds abuse or neglect ... life. A.L. , supra , 213 N.J. at 19 (citing N.J.S.A. 9:6-8.50(d), (e)). Germane to the present context, N. ...

docket:	a5808-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-05-10
status:	Published
citation:
Document Size:	50188

43 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.S. -- rank: 753

... Order of the Family Part, which held that, pursuant to N.J.S.A. 9:6-8.21 (c)(4)(b), she had abused and neglected her ... filed a complaint and order to show cause pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12, seeking ... neglected their children by using excessive corporal punishment pursuant to N.J.S.A. 9:6-8:21(c)(4)(b). In so finding, the judge credited ... DYFS. In determining that M.S. and R.S. violated N.J.S.A. 9:6-8.21(c)(4)(b), the court concluded: . . . [T]he evidence ... event, her conduct did not constitute abuse or neglect under N.J.S.A. 9:6-8.21(c). We disagree. Title 9 grants DYFS the power ... services such as removal of the child from the home. N.J.S.A. 9:6-8:21 to 8:73. In order to determine whether ...

docket:	a2379-09
court:	superior court appellate division
decided:	2010-11-08
status:	unpublished
citation:
Document Size:	40657

44 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. O.W. and G.W -- rank: 751

... and causing serious injuries, within the meaning of Title 9, N.J.S.A. 9:6- 8.21(c)(4)(b). In addition, the judge found O ... failed to protect him thereby abusing or neglecting him under N.J.S.A. 9:6-8.21(c)(4)(b). The Law Guardian takes no position ... 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 ... for custody, care and supervision of all three children under N.J.S.A. 9:6-8:21 and N.J.S.A. 30:4C-12. The ... and O.W. abused and neglected Alby in violation of N.J.S.A. 9:6-8.21(c)(4)(b). The judge determined G.W. 'unreasonably ... its burden of proof as to abuse and neglect under N.J.S.A. 9:6-8.21(c)(1) and (2) because the medical testimony ...

docket:	a0727-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-25
status:	Unpublished
citation:
Document Size:	41825

45 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.D. -- rank: 751

... children's statements were corroborated by independent evidence, and asserted N.J.S.A. 9:6- 8.46(a)(4) barred the court's reliance on the ... claimed the children's statements, even if properly corroborated under N.J.S.A. 9:6- 8.46(a)(4), were insufficient to support an abuse or ... other and thus supported an abuse or neglect finding under N.J.S.A. 9:6- 8.46(a)(4). The court found the evidence showed defendant ... burden through the admission of 'competent, material and relevant evidence.' N.J.S.A. 9:6-8.46(b); N.J. Div. of Youth & Family Servs. v ... evidence supporting the court's abuse or neglect finding. See N.J.S.A. 9:6-8.46(a)(4). We disagree. 'In matters involving the alleged ... court rule.' L.A., 357 N.J. Super. at 166. N.J.S.A. 9:6-8.46(a)(4) provides that when the Division alleges ...

docket:	a2564-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-27
status:	unpublished
citation:
Document Size:	73296