Search Rutgers Law Library N.J. Court Opinions

46 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.W and C.V -- rank: 748

... FN matter) against S.W. and C.V. pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12, seeking ... behavior was sufficient to sustain a finding of neglect under N.J.S.A. 9:6-8.21(c)(4). A stipulation order consistent with the judge ... stipulated to do not constitute abuse or neglect pursuant to [ N.J.S.A. ] 9:6-8.[21](c)(4). B. S.W.'s trial attorneys advised ... erred by failing to conduct a dispositional hearing pursuant to N.J.S.A. 9:6-8.50 and [ N.J. Div. of Youth & Family SErvs. v ... W.'s stipulation and making a finding of neglect under N.J.S.A. 9:6-8.21(c)(4) in the February 28, 2013 order. S ... the time of the Division's intervention, as required by N.J.S.A. 9:6-8.21(c)(4). In addition, S.W. alleges that ...

docket:	a1559-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	45021

47 /usr/local/share/www/libweb/collections/courts/appellate/a1795-19.opn.html -- rank: 748

... month-old son, E.D.,2 within the meaning of N.J.S.A. 9:6-8.21. The finding was based on evidence that E.D ... child is an 'abused or neglected child' as defined in N.J.S.A. 9:6-8.21 and either the investigation indicates the existence of any ... defendant 'abused or neglected' E.D. within the meaning of N.J.S.A. 9:6- 8.21(c)(4)(b). Based on the testimony of the ... is 'to determine whether the child is . . . abused or neglected. . . .' N.J.S.A. 9:6-8.44. '[T]he safety of the child shall be of paramount concern . . . .' N.J.S.A. 9:6-8.28(a), -8.31(a), -8.32. 'If the facts ... finding.' N.S., 412 N.J. Super. at 615 (citing N.J.S.A. 9:6-8.50(a)). In making a finding of abuse or ...

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48 /usr/local/share/www/libweb/collections/courts/supreme/a1559-14.opn.html -- rank: 748

... FN matter) against S.W. and C.V. pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12, seeking ... behavior was sufficient to sustain a finding of neglect under N.J.S.A. 9:6-8.21(c)(4). A stipulation order consistent with the judge ... stipulated to do not constitute abuse or neglect pursuant to [ N.J.S.A. ] 9:6-8.[21](c)(4). B. S.W.'s trial attorneys advised ... erred by failing to conduct a dispositional hearing pursuant to N.J.S.A. 9:6-8.50 and [ N.J. Div. of Youth & Family SErvs. v ... W.'s stipulation and making a finding of neglect under N.J.S.A. 9:6-8.21(c)(4) in the February 28, 2013 order. S ... the time of the Division's intervention, as required by N.J.S.A. 9:6-8.21(c)(4). In addition, S.W. alleges that ...

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court:	NJ Superior Court Law/Chancery Division
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49 S.C v. NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES -- rank: 748

... required to report Luke's disclosure to the Division. See N.J.S.A. 9:6-8.10. 2 A-4792-15T3 activities, attending every child study ... evidence that the child has been abused or neglected per N.J.S.A. 9:6-8.21.'3 3 The letter states in its entirety: (continued ... s 'investigatory (continued) New Jersey Law, as set forth in N.J.S.A. 9:6-8.11, requires the Department of Children and Families (DCF) Division ... not be disclosed by the Division except as permitted by N.J.S.A. 9:6-8.10a. A finding of Not Established is not subject to ... evidence that the child has been abused or neglected per N.J.S.A. 9:6- 8.21. The Division will not be providing further services to ... distinguishing an 'established' finding of child abuse or neglect under N.J.S.A. 9:6-8.21(c)(4), subject to disclosure under N.J. ...

docket:	a4792-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	51253

50 M.M v. ATLANTIC HEALTH SYSTEM INC. -- rank: 746

... the Division of Child Protection and Permanency (DCPP) pursuant to N.J.S.A. 9:6-8.10. With our permission, plaintiff appeals from a November 30 ... asserted Gordina had failed to fulfill a mandatory duty under N.J.S.A. 9:6-8.10 to report Tyshkov's misconduct to DCPP. Plaintiff subsequently ... Dr. Gordina with respect to her duty if any, under N.J.S.A. 9:6-8.10. The Affidavit of Merit [Statute] is applicable to claims ... during a physical examination would trigger the reporting requirement of N.J.S.A. 9:6-8.10. The judge also stated ' N.J.S.A. 9:6-8.10 does not establish an independent cause of action.' On ... erred in finding no civil cause of action exists under N.J.S.A. 9:6-8.10. In response, Gordina argues the judge correctly found ...

docket:	a2218-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-30
status:	Unpublished
citation:
Document Size:	25796

51 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.G. IN THE MATTER OF J.G C.G. and J.G., minors -- rank: 746

... evidence, that he committed acts of child abuse pursuant to N.J.S.A. 9:6-8.21c(1), (3) and (4) when he, on two occasions ... COURT VIOLATED THE SEPARATION OF POWERS DOCTRINE BY RE-WRITING N.J.S.A. 9:6-8.46 TO ALLOW FOR A DIFFERENT STANDARD OF PROOF. (Not ... PROOF FROM THE STATUTORILY REQUIRED STANDARD OF PROOF PROVIDED IN N.J.S.A. 9:6-8.46. (Not raised below.) POINT IV THE TRIAL COURT ABDICATED ... not the preponderance of the evidence standard set forth in N.J.S.A. 9:6-8.46b. As a preliminary matter, it is not clear to ... We disagree. An "abused or neglected child" is defined in N.J.S.A. 9:6-8.21(c) as including a child less than 18 years ... and 'only competent, material and relevant evidence may be admitted.' N.J.S.A. 9:6-8.46(b)." N.J. Div. of Youth & Family Servs. ...

docket:	a0036-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-01
status:	unpublished
citation:
Document Size:	46961

52 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.L. -- rank: 746

... v. G.M. , 198 N.J. 382 , 397 (2009) (citing N.J.S.A. 9:6-8.27(a), -8.29). That proceeding is known as "a ... child's life, safety or health.'" Id. at 398 (quoting N.J.S.A. 9:6-8.32). If the trial court makes a finding of abuse ... the appropriate outcome of the case." Id. at 399 (citing N.J.S.A. 9:6-8.50). At the dispositional hearing, which is often referred to ... of the filing of the complaint, or whether, consistent with N.J.S.A. 9:6-8.51, some other disposition is appropriate." Id. at 402. Thus ... soon as it makes an adjudication of abuse and neglect. N.J.S.A. 9:6-8.47. In the alternative, the court may adjourn the proceedings ... conditions and capacities of the persons involved in the proceedings." N.J.S.A. 9:6-8.48. The dispositional hearing must be conducted "with scrupulous ...

docket:	a4797-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-19
status:	unpublished
citation:
Document Size:	44931

53 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.S and E.S., B.B., and S.H -- rank: 746

... NEGLECT AG[A]INST D.S. WAS 'ESTABLISHED' PURSUANT TO N.J.S.A. 9:6-8-21(c) IS NOT SUPPORTED BY ADMITTED EVIDENCE AND TESTIMONY ... substantial risk thereof, including the infliction of excessive corporal punishment . . . . [N.J.S.A. 9:6-8.21(c)(4)(b).] 'Abuse and neglect cases are generally ... a preponderance of the evidence at a fact-finding hearing. N.J.S.A. 9:6- 8.46(b)(1). In these matters, our standard of review ... of excessive corporal punishment' amounting to abuse or neglect under N.J.S.A. 9:6-8.21(c)(4). While the boundaries of what constitutes 'excessive ... v. G.M., 198 N.J. 382, 399 (2009) (citing N.J.S.A. 9:6-8.50). At the dispositional hearing, which is often referred to ... of the filing of the complaint, or whether, consistent with N.J.S.A. 9:6-8.51, some other disposition is appropriate.' Id. at 402. ...

docket:	a0176-20
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	48782

54 /usr/local/share/www/libweb/collections/courts/appellate/a2922-15.opn.html -- rank: 744

... complaint for care and supervision with restraints pursuant to both N.J.S.A. 9:6-8:21 and N.J.S.A. 30:4C-12. That ... were sufficient for a finding of abuse and neglect under N.J.S.A. 9:6- 8:21(c)(4). Mother was repeatedly ordered to undergo psychological ... factual observations of Mother. See id. at 493-95 (citing N.J.S.A. 9:6-8.46(a)(3), Rule 5:12-4(d), and In ... hearing . . . only competent, material and relevant evidence may be admitted.' N.J.S.A. 9:6-8.46(b) (emphasis added).2 By contrast, '[i]n a ... App. Div. 2012). 8 A-2922-15T3 may be admitted.' N.J.S.A. 9:6-8.46(c) (emphasis added). At a fact-finding hearing, a ... the caseworker and the Division's reports. Id. at 497; N.J.S.A. 9:6-8.46(a)(4); N.J.R.E. 803(b). ...

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court:	NJ Superior Court Law/Chancery Division
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55 DIVISION OF YOUTH AND FAMILY SERVICES v. ROBERT M. and BRENDA M., -- rank: 739

... that the Division failed to prove abuse or neglect under N.J.S.A. 9:6-8.21 et seq. See footnote 1 1 We granted and ... distress. A final count charged defendants with tampering with witnesses, N.J.S.A. 9:6-8.21c. No finding was made that he was an abused ... the adopted twins, James and Jeziah, were abused children under N.J.S.A. 9:6-8.21 by reason of excessive corporal punishment by defendants. Emphasis ... Division is required to investigate allegations of abuse and neglect, N.J.S.A. 9:6-8.11-8.18, to ascertain their veracity, to take action ... by placing the child in protective custody of the State. N.J.S.A. 9:6-8.18, -8.31, -8.35, -8.50e, -8.51, -8 ... instances of suspected criminal activity including child abuse or neglect. N.J.S.A. 9:6-8.10a, b(2). However, no statute or rule requires ...

docket:	a6202-00
court:	njappellate
decided:	2002-01-24
status:	published
citation:	347 N.J. Super. 44
Document Size:	65721

56 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.P. and A.H and J.H. and M.E -- rank: 737

... of reference. A-4516-18T1 2 meaning of Title 9, N.J.S.A. 9:6-8.21(c). Zebulon's sister, Za.P. (Zayonara), was also ... home without a court order, pursuant to the Dodd Act, . . . N.J.S.A. 9:6-8.21 to -8.82.' N.J. Div. of Youth & Family ... that both parents abused or neglected the minors according to N.J.S.A. 9:6-8.44 and 8.46(b). A-4516-18T1 10 On ... substantial risk thereof, including the infliction of excessive corporal punishment . . . .' N.J.S.A. 9:6-8.21(c)(4)(b). A parent may fail to exercise ... 12 preponderance of the evidence at a fact-finding hearing. N.J.S.A. 9:6- 8.46(b)(1). In these hearings, 'proof of the abuse ... neglect of any other child' of the parent or guardian. N.J.S.A. 9:6-8.46(a)(1). Such evidence may include 'any writing, ...

docket:	a4516-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-03
status:	Unpublished
citation:
Document Size:	43307

57 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.S. -- rank: 735

... care, custody, and supervision of the children under Title Nine, N.J.S.A. 9:6-8.21 to -8.73 (regarding abuse and neglect), and also ... 1 of the State Constitution, and a statutory right under N.J.S.A. 9:6-8.43(a), 9:6-8.30(a), and 30:4C ... v. R.D. , 207 N.J. 88 , 113 (2011) (citing N.J.S.A. 9:6-8.23(a),(b); N.J.S.A. 9:6-8.43(a); N.J.S.A. 30:4C-15.4 ... v. W.B. , 215 N.J. 305 , 332 (2013) (citing N.J.S.A. 9:6-8.21(d); N.J.S.A. 9:6-8.23; N.J.S.A. 30:4C-15.4( ...

docket:	a5222-15
court:	NJ Superior Court Appellate Division
decided:	2016-11-22
status:	published
citation:	447 N.J.Super. 539 149 A.3d 816
Document Size:	143656

58 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.J. and N.L., and D.P -- rank: 733

... 25, 2019 order entered by a Family Part judge under N.J.S.A. 9:6- - 8.21(c)(4)(b), 2 finding he abused or neglected ... holding their child . . . in her arms . . . [and] was [seven] 2 N.J.S.A. 9:6-8.21(c)(4)(b) provides an 'abused or neglected child ... removal of a minor without a court order pursuant to N.J.S.A. 9:6-8.21 to -8.82, known as the Dodd Act. N ... the child at substantial risk of harm as defined by N.J.S.A. 9:6-8.21(c). On May 8, 2020, the judge granted the ... that put Michael at a substantial risk of harm under N.J.S.A. 9:6-8.21(c)(4)(b). Dwayne also contends the judge erred ... Servs. v. L.L., 201 N.J. 210, 226 (2010); N.J.S.A. 9:6-8.46(b) (A court's finding of abuse or ...

docket:	a0451-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-19
status:	Unpublished
citation:
Document Size:	47651

59 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.F. -- rank: 730

... June 23, 2009, the Division filed a verified complaint under N.J.S.A. 9:6-8.21 to -8.73 (Title Nine). That same day, a ... that standard of review. In a fact-finding hearing under N.J.S.A. 9:6-8.44, "any determination that the child is an abused or ... child must be based on a preponderance of the evidence." N.J.S.A. 9:6-8.46(b). The definition of "[a]bused or neglected child ... the infliction of emotional harm in two subsections. First, under N.J.S.A. 9:6-8.21(c)(1), the definition includes a child whose parent ... we nor our Supreme Court have ever approved reliance on N.J.S.A. 9:6-8.21(c)(1) in the absence of physical injury. We ... Accordingly, given the absence of physical injury to the children, N.J.S.A. 9:6-8.21(c)(1) is inapplicable. Second, the definition of ...

docket:	a2562-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-22
status:	unpublished
citation:
Document Size:	49392

60 K.M v. S.M.M -- rank: 730

... permission to amend her counterclaim to include a claim under N.J.S.A. 9:6-8.21 ("Title 9") and for the appointment of a law ... them express their wishes to the court as required by N.J.S.A. 9:6-8.23, and the court's failure to hold a Title ... to "originate proceedings" for abuse, cruelty and neglect pursuant to N.J.S.A. 9:6-8.33 and N.J.S.A. 9:6-8.34(a), (c), and (f). Mother had the authority to initiate a Title 9 proceeding. N.J.S.A. 9:6-8.34(a). However, she chose not to formally do so ... sought to amend her counterclaim "to include a count under N.J.S.A. 9:6-8.21 et seq ." and appoint a law guardian. 7 ...

docket:	a0135-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-28
status:	unpublished
citation:
Document Size:	183435