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61 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.H. -- rank: 726

... sought care, custody and supervision of the child, pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. A ... Servs. v. G.M. , 198 N.J. 382 , 398 (2009); N.J.S.A. 9:6-8.44, -8.46(b). At the conclusion of the fact-finding hearing, under N.J.S.A. 9:6-8.50(c), the court has the option of dismissing the ... which places the safety of children as the paramount concern. N.J.S.A. 9:6-8.8, and -8.21 to -8.73; N.J. Div ... v. P.W.R. , 205 N.J. 17 , 31 (2011). N.J.S.A. 9:6-8.21 defines an "[a]bused or neglected child," in pertinent ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(1)-(4).] At a fact-finding hearing, ...

docket:	a5642-09
court:	NJ Superior Court Appellate Division
decided:	2012-08-23
status:	published
citation:	428 N.J.Super. 40 50 A.3d 93
Document Size:	78532

62 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.O.1 and A.O and T.A -- rank: 724

... found he abused his niece L.A.O., pursuant to N.J.S.A. 9:6- 8.21(c). The Law Guardian, on behalf of L.A ... complaint seeking care and supervision of the children pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C- 12. At ... judge entered the April 10, 2019 order finding, pursuant to N.J.S.A. 9:6-8.21(c), the Division proved by a preponderance of evidence ... T.A.] BY WAY OF EXCESSIVE CORPORAL PUNISHMENT ENCOMPASSED IN N.J.S.A. 9:6-8.21(C)(4)(B). [POINT] III. THE COURT'S RESORT ... THAT [T.A.] ABUSED [L.A.O.] PURSUANT [T]O N.J.S.A. 9:6- 8.21(C)(4). POINT II[.] THERE WAS NO EVIDENCE OF ... and it was not initially evident the child was injured. N.J.S.A. 9:6-8.21(c) defines various circumstances that can comprise the ...

docket:	a5598-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-03
status:	Unpublished
citation:
Document Size:	46563

63 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.C. -- rank: 721

... action that was commenced by the Division 1 pursuant to N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30 ... daughter Jill "were abused and neglected children" as defined in N.J.S.A. 9:6-8.21(c)(4)(b). The Division urges us to affirm ... impaired physically, mentally or emotionally. Id. at 23, 30; see N.J.S.A. 9:6-8.21(c)(4)(b), -8.46(a)(4), (b)(1 ... s children were abused and neglected within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b). The judge made the following findings ... principles and our reasons for reversal. II As defined in N.J.S.A. 9:6-8.21(c)(4)(b), an "abused or neglected" child includes ... reaching that conclusion, the Court focused on the language of N.J.S.A. 9:6-8.21 defining abuse and neglect and the role this ...

docket:	a2398-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	published
citation:	435 N.J.Super. 405 89 A.3d 225
Document Size:	51424

64 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.E. -- rank: 721

... Brian), L.B. (Dennis), and P.B. (Margaret), contrary to N.J.S.A. 9:6-8.21(c)(2) and (c)(4), and a June 18 ... educational neglect finding with respect to Brian and Dennis under N.J.S.A. 9:6-8.21(c)(4) because there was substantial credible evidence in ... reverse the portion of the order finding medical neglect under N.J.S.A. 9:6-8.21(c)(4) as the record does not contain evidence ... 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 ... educational abuse or neglect of Brian, Dennis, and Margaret under N.J.S.A. 9:6-8.21(c)(4), and that she committed medical abuse or neglect with respect to Dennis and Margaret under N.J.S.A. 9:6-8.21(c)(2) and (4).6 The same day, ...

docket:	a5467-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-13
status:	Unpublished
citation:
Document Size:	43960

65 DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.F. -- rank: 721

... and failed to maintain suitable housing within the meaning of N.J.S.A. 9:6-8.21(c)(4). The October 17, 2011 order became final ... executed an emergency removal of all three children pursuant to N.J.S.A. 9:6-8.29 to 8.30. M.C.L. was placed with ... protective services complaint seeking custody of the children pursuant to N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30 ... The court concluded that defendants were "clearly . . . in violation of [ N.J.S.A. 9:6-8.21(c)(4)]." On appeal, E.F. argues: POINT I ... COURT BELOW ERRED IN FINDING A TITLE 9 VIOLATION UNDER N.J.S.A. 9:6-8.21(c)(4)(a). 1. [E.F.] DID NOT FAIL ... F.] FAILED TO "EXERCISE A MINIMUM DEGREE OF CARE" UNDER N.J.S.A. 9:6-8.21(c)(4)(b). II. THE DIVISION FAILED TO ...

docket:	a5787-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-10
status:	unpublished
citation:
Document Size:	54020

66 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 719

... the court concludes that the special evidentiary provision codified at N.J.S.A. 9:6- 8.46(a)(4), allowing the admission of corroborated hearsay statements ... contrary customs, the court concludes that the plain meaning of N.J.S.A. 9:6-8.46(a)(4) confines its application to 'hearings under this ... A. abused or neglected the child within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b) by unreasonably inflicting excessive corporal punishment ... defendant abused or neglected the child within the meaning of N.J.S.A. 9:6- 8.21(c)(4)(b) by failing to provide the child ... a child is an abused or neglected child pursuant to N.J.S.A. 9:6-8.21.' N.J.A.C. 3A:10-7.3(d ... 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 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

67 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.D. -- rank: 719

... his four biological children at significant risk of harm under N.J.S.A. 9:6-8.21(c). In an oral decision, the court concluded Nancy ... statements, which he contends were not corroborated as required by N.J.S.A. 9:6-8.46(a)(4). Defendant challenges the court's finding that ... the Division's proofs must be 'competent, material and relevant.' N.J.S.A. 9:6-8.46(b). A Family Court's determination of whether the ... that a child's statements were corroborated as required by N.J.S.A. 9:6-8.46(a)(4)). Under N.J.S.A. 9:6-8.46(a)(4), 'previous statements made by the child relating ... statements are insufficient to support a finding of corroboration under N.J.S.A. 9:6-8.46(a)(4). Id. at 523. We therefore consider ...

docket:	a3127-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-11
status:	published
citation:	455 N.J.Super. 144 188 A.3d 363
Document Size:	82339

68 DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.R and J.M.-A IN THE MATTER OF M.M and J.M Minors -- rank: 719

... seeking care and supervision of Maura and Josh, pursuant to N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30 ... 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. 9:6-8.27a, -8.29). Thereafter, the offending parent may apply at ... 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, [t]he court may enter a suspended judgment, N.J.S.A. 9:6-8.52; release the child to the custody of the ...

docket:	a4948-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-13
status:	Published
citation:
Document Size:	45154

69 NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES v. J.S. -- rank: 719

... 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 ... child is an "abused or neglected child" as defined in N.J.S.A. 9:6-8.21, but the act or acts committed or omitted do ... 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 ... child is an abused or neglected child as defined in N.J.S.A. 9:6-8.21, and the evidence indicates that a child was not ... a child is an abused or neglected child pursuant to N.J.S.A. 9:6-8.21. A finding of either not established or unfounded shall ... child is not an abused or neglected child pursuant to N.J.S.A. 9:6-8.21. [ N.J.A.C. 3A:10-7.3( ...

docket:	a3840-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-04
status:	unpublished
citation:
Document Size:	41068

70 OF YOUTH AND FAMILY SERVICES v. IN THE MATTER OF O.S.S A Minor -- rank: 715

... of her three-year-old son, O.S.S., under N.J.S.A. 9:6-8.21(c). The orders maintained custody of the boy with ... filed a complaint and an order to show cause under N.J.S.A. 9:6-8.28 and 30:4C-12 for custody of the child ... the timing of a dispositional and permanency hearing pursuant to N.J.S.A. 9:6-8.45 and 30:4C-61.2. Defense counsel objected to ... was an abused and neglected child within the meaning of N.J.S.A. 9:6-8.21(c). On May 9, 2011, the court held a ... findings and conclusions. We reject both parts of the argument. N.J.S.A. 9:6-8.21(c)(4) defines a child as abused or neglected ... evidence through the admission of "competent, material and relevant evidence." N.J.S.A. 9:6-8.46(b). Addressing first defendant's challenges to the ...

docket:	a5128-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-19
status:	unpublished
citation:
Document Size:	41096

71 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.Y. et al. -- rank: 712

... of Bobby, Ethan and Jane pursuant to the provisions of N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. The ... of residence is exclusively derived from two separate statutory schemes, N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30 ... specific finding that the three statutory conditions have been met. N.J.S.A. 9:6-8.28 requires the judge to be satisfied by a preponderance ... sufficiently reliable basis upon which to make the required findings. N.J.S.A. 9:6-8.46.     The requirements under Title 30 address similar concerns, balancing ... guardian is present or has been notified of the hearing. N.J.S.A. 9:6-8.49 mandates scheduling priority in cases “involving imminent or actual ... and “only competent, material and relevant evidence may be admitted.” N.J.S.A. 9:6-8.46(b).     The criteria for sustaining or dismissing a ...

docket:	A1447-01
court:	NJ Superior Court Appellate Division
decided:	2002-06-11
status:	published
citation:	352 N.J. Super. 245 800 A.2d 132
Document Size:	57692

72 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.J. -- rank: 712

... or neglected the children of defendant K.R. pursuant to N.J.S.A. 9:6-8.21c(1), (2) and (4)(a) and (b). 2 Defendant ... evidence did not establish she qualified as a "parent" under N.J.S.A. 9:6-8.21a. Defendant also contends the court lacked jurisdiction, and her ... to whether she qualified as a "parent or guardian" under N.J.S.A. 9:6-8.21a. K.R. has two children: Karla, born in April ... concluded that defendant qualified as a parent or guardian under N.J.S.A. 9:6-8.21a. The judge found that no one other than K ... ERRED IN FINDING [DEFENDANT] GUILTY OF ABUSE AND NEGLECT UNDER N.J.S.A. 9:6-8[.]21 BECAUSE [THE DIVISION] FAILED TO SHOW BY A PREPONDERANCE ... THE COURT'S FINDING THAT [DEFENDANT] IS A PARENT UNDER N.J.S.A. 9:6-8.21 DOES NOT COMPORT WITH THE LEGISLATIVE INTENT OF ...

docket:	a1503-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-09
status:	unpublished
citation:
Document Size:	25142

73 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.Y. et al. -- rank: 712

... of Bobby, Ethan and Jane pursuant to the provisions of N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. The ... of residence is exclusively derived from two separate statutory schemes, N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30 ... specific finding that the three statutory conditions have been met. N.J.S.A. 9:6-8.28 requires the judge to be satisfied by a preponderance ... sufficiently reliable basis upon which to make the required findings. N.J.S.A. 9:6-8.46.     The requirements under Title 30 address similar concerns, balancing ... guardian is present or has been notified of the hearing. N.J.S.A. 9:6-8.49 mandates scheduling priority in cases “involving imminent or actual ... and “only competent, material and relevant evidence may be admitted.” N.J.S.A. 9:6-8.46(b).     The criteria for sustaining or dismissing a ...

docket:	A1898-01
court:	NJ Superior Court Appellate Division
decided:	2002-06-11
status:	published
citation:
Document Size:	57605

74 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.B IN THE MATTER OF A.F Minor -- rank: 710

... Twp. Comm. , 140 N.J. 366 , 378 (1995). Title Nine, N.J.S.A. 9:6-8.21 to -8.73, sets forth the controlling standards for ... C. , 439 N.J. Super. 404 , 413 (App. Div. 2015); N.J.S.A. 9:6-8.46(b). Here, the Family Part judge determined defendant neglected ... her daughter under both subsections (4)(a) and (5) of N.J.S.A. 9:6-8.21(c). Under N.J.S.A. 9:6-8.21(c)(4)(a), an abused or neglected child is ... Family Part failed to address the "imminent danger" element of N.J.S.A. 9:6-8.21(c)(4). Defendant also argues that the "imminent danger ... also reject defendant's argument regarding the appropriate interpretation of N.J.S.A. 9:6-8.21(c)(4)'s "imminent danger" requirement. Since the ...

docket:	a1162-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	56481

75 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.P and J.L -- rank: 708

... abused or neglected her newborn daughter N.L. (Nina) under N.J.S.A. 9:6-8.21(c). Michelle appeals that order. Although the judge erred ... Division had proven 'an imminent risk of harm' pursuant to N.J.S.A. 9:6-8.21(c)(4)(b) to Nina because 'there was neglect ... had established Michelle had 'abused or neglected' Nina pursuant to N.J.S.A. 9:6-8.21(c) 'relative to environmental neglect due to lack of ... health.' On appeal, Michelle argues the judge 'misinterpreted and misapplied' N.J.S.A. 9:6-8.21(c)(4) and caselaw and made findings unsupported by ... of harm from her as required to be proved under N.J.S.A. 9:6-8.21(c)(4)(B). She faults the judge for not ... assure that the lives of innocent children are immediately safeguarded.' N.J.S.A. 9:6-8.8. In deciding Title Nine cases, courts must be ...

docket:	a1097-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-17
status:	Unpublished
citation:
Document Size:	42148