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76 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.H. and FATHER OF N.H whomsoever he may be and R.H -- rank: 708

... statements were 'inadmissible hearsay unless they are corroborated' pursuant to N.J.S.A. 9:6-8.46(a)(4), and reserved the right to argue the ... s statements to Figueroa had not been corroborated pursuant to N.J.S.A. 9:6- 8.46(a)(4). She argued the children had 'suffered no ... and Martinez to be credible. The judge held that under N.J.S.A. 9:6-8.46(a)(4), Richard's out-of-court statements were ... evidence Rhys had abused or neglected the children pursuant to N.J.S.A. 9:6-8.21(c). The judge found the Division had not proved ... IN THIS CASE FOR AN ABUSE AND NEGLECT JUDGMENT UNDER N.J.S.A. 9:6-8.21(c)(4)(b) WAS LEGALLY A-0162-20 10 ... S ALLEGATIONS OF ABUSE WERE NOT CORROBORATED AS REQUIRED BY N.J.S.A. 9:6-8.46(a)(4) AND THEREFORE CANNOT SUPPORT THE TRIAL ...

docket:	a0162-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-01
status:	Unpublished
citation:
Document Size:	37044

77 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.B. and D.H -- rank: 706

... four-year-old daughter, S.B., within the meaning of N.J.S.A. 9:6-8.21(c), by using narcotics while caring for S.B ... Division) executed an emergency removal of S.B., pursuant to N.J.S.A. 9:6- 8.29 and -8.30, following a police referral prompted by ... H. 'abused or neglected [S.B.]' within the meaning of N.J.S.A. 9:6-8.21(c)(4). After recounting the testimony of the witnesses ... the evidentiary rulings, the judge applied the pertinent provisions of N.J.S.A. 9:6-8.21(c)(4)(b) to the credible evidence presented at ... WITH A-1628-21 11 INDELIBLE, LIFE-LONG CONSEQUENCES UNDER N.J.S.A. [9:6-8.21(C)(4)]. A. A Police Officer's Entry Into ... 21 12 IMMINENT DANGER OR A SUBSTANTIAL RISK TO VIOLATE N.J.S.A. [9:6-8.21(C)(4)(B)]. In A-1629-21, D. ...

docket:	a1628-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-30
status:	Unpublished
citation:
Document Size:	67842

78 DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES v. S.G. -- rank: 706

... ALJ held the video was admissible for its truth under N.J.S.A. 9:6-8.46(a)(4). The ALJ issued a written initial decision ... that Sam had sexually abused John within the meaning of N.J.S.A. 9:6-8.21(c)(3). Sam filed exceptions to the decision, and ... Sam's name was placed on the Child Abuse Registry, N.J.S.A. 9:6-8.10a(a), and became available to those authorized to seek ... such information through a Child Abuse Record Information (CARI) request, N.J.S.A. 9:6-8.11; N.J.A.C. 10:121A-4.6. In ... be committed an act of sexual abuse against the child." N.J.S.A. 9:6-8.21(c)(3). Sexual abuse consists of "contacts or actions ... of sexual stimulation of either that person or another person." N.J.S.A. 9:6-8.84. It includes "the employment, use, persuasion, inducement, enticement, ...

docket:	a4466-10
court:	NJ Superior Court Appellate Division
decided:	2014-08-05
status:	unpublished
citation:
Document Size:	33417

79 DIVISION OF YOUTH AND FAMILY SERVICES,1 v. L.D and R.D IN THE MATTER OF L.D E.D, and M.D Minors -- rank: 704

... the September 6, 2011 Family Part order finding, pursuant to N.J.S.A. 9:6-8.21(c)(4), that she had neglected her son L ... found that Larry was an abused and neglected child under N.J.S.A. 9:6-8.21(c)(4)(a). At the hearing, the Division and ... long as "the child is represented by a law guardian." N.J.S.A. 9:6-8.42. See N.J. Div. of Youth & Family Servs. v ... be shown, the court may adjourn a fact-finding hearing. N.J.S.A. 9:6-8.48. Here, the court provided defendant with adequate notice of ... determine whether the child is an abused or neglected child . . . ." N.J.S.A. 9:6-8.44. In Title Nine proceedings, the fact-finding hearing is ... M.C. III , 201 N.J. 328 , 343 (2010) (quoting N.J.S.A. 9:6-8.46(b)). Nonetheless, N.J.S.A. 9:6- ...

docket:	a1157-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-03-27
status:	Published
citation:
Document Size:	44139

80 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.M.R and D.W.B. -- rank: 704

... denying the mother's motion to suspend judgment pursuant to N.J.S.A. 9:6-8.52. On appeal, the mother makes the following arguments: I ... emergent basis from the custody of her mother, pursuant to N.J.S.A. 9:6-8.29, and placed with her father. On December 18, 2008 ... a verified complaint and order to show cause, pursuant to N.J.S.A. 9:6-8.30b. A hearing was held that day in the matter pursuant to N.J.S.A. 9:6-8.31. At its conclusion, the judge ordered that legal custody ... 20, 2009, at which time the mother moved pursuant to N.J.S.A. 9:6-8.32 for her daughter's return. The motion was opposed ... the mother's request for a suspended judgment pursuant to N.J.S.A. 9:6-8.52 took place as a component of the dispositional ...

docket:	a1054-09
court:	superior court appellate division
decided:	2010-12-20
status:	Unpublished
citation:
Document Size:	50981

81 /usr/local/share/www/libweb/collections/courts/appellate/a3501-11.opn.html -- rank: 701

... primarily an abuse and neglect case, brought under Title 9, N.J.S.A. 9:6-8.21 to -8.73. Where the Division seeks temporary custody ... N.J. Super. 245, 261-62 (App. Div. 2002) (quoting N.J.S.A. 9:6-8.44). At the fact-finding hearing, "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b). The Division bears the burden of proving abuse ... been established, it "shall state the grounds for [such] findings." N.J.S.A. 9:6-8.50(a). The trial court's factual findings are entitled ... a similarly serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c)(4).] See also N.J.S.A. 9:6-8.9 (similarly defining an "abused child" in provisions addressing ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	56194

82 /usr/local/share/www/libweb/collections/courts/appellate/a3500-11.opn.html -- rank: 701

... primarily an abuse and neglect case, brought under Title 9, N.J.S.A. 9:6-8.21 to -8.73. Where the Division seeks temporary custody ... N.J. Super. 245, 261-62 (App. Div. 2002) (quoting N.J.S.A. 9:6-8.44). At the fact-finding hearing, "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b). The Division bears the burden of proving abuse ... been established, it "shall state the grounds for [such] findings." N.J.S.A. 9:6-8.50(a). The trial court's factual findings are entitled ... a similarly serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c)(4).] See also N.J.S.A. 9:6-8.9 (similarly defining an "abused child" in provisions addressing ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	56194

83 STATE OF NEW JERSEY v. BARTHOLOMEW P MCINERNEY -- rank: 699

... 2 and to persons denoted as "parents or guardians" in N.J.S.A. 9:6-8.21, which was inconsistent with and not limited by reference ... taken from N.J.S.A. 9:6-2 and N.J.S.A. 9:6-8.21. That portion of the Model Charge is inconsistent with ... that any reliance on the list of actors found in N.J.S.A. 9:6-8.21 or N.J.S.A. 9:6-2 would ... Charge and N.J.S.A. 9:6-2 and N.J.S.A. 9:6-8.21. L. 1987, c. 341, §§ 2, 6. Thus ... objectives of N.J.S.A. 2C:24-4a and N.J.S.A. 9:6-8.21 to -8.73" that militate against broader incorporation of ... broad definition of parent or guardian currently set forth in N.J.S.A. 9:6-8.21. We urge the Supreme Court's Committee on ...

docket:	a5292-09
court:	NJ Superior Court Appellate Division
decided:	2012-10-10
status:	published
citation:	428 N.J.Super. 432 54 A.3d 281
Document Size:	61794

84 N.E. v. STATE OF NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES -- rank: 699

... and its primary consideration is the children's best interests. N.J.S.A. 9:6-8.8(a). The Legislature enacted our State's child-welfare ... N.J. 166 , 187 (2015) (internal quotation marks omitted) (quoting N.J.S.A. 9:6-8.8(a); State v. P.Z. , 152 N.J. 86 ... serious injury inflicted upon them by other than accidental means." N.J.S.A. 9:6-8.8(a). Although the statute authorizes the removal of children ... possible for the child to safely return to his home. [ N.J.S.A. 9:6-8.8(b)(2) (emphasis added).] Thus, whether prior to or ... unity. Upon receipt of a report of child abuse under N.J.S.A. 9:6-8.10, the Division is obligated to respond and immediately take ... delay based upon the request of a law enforcement official. [ N.J.S.A. 9:6-8.11 (emphasis added).] Thus, the Division, acting through its ...

docket:	a3717-13
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	published
citation:	449 N.J.Super. 379 158 A.3d 44
Document Size:	87999

85 /usr/local/share/www/libweb/collections/courts/supreme/a3010-13.opn.html -- rank: 699

... P.W.R. , supra , 205 N.J. at 32 (quoting N.J.S.A. 9:6-8.46(b)). The statutory definition of an "abused or neglected ... based on the court's decision that it relied on N.J.S.A. 9:6-8.21(c)(4), which declares a child to be abused ... exercise a minimum degree of care.'" Id. at 179 (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). This requires "'conduct that is grossly ... gross negligence or recklessness to succeed in a prosecution under N.J.S.A. 9:6-8.21(c)(4)(b)." N.J. Div. of Child Prot ... make it possible for the children to return home. See N.J.S.A. 9:6-8.8(b)(2). In the months that followed, Judy and ... court was obliged to hold a dispositional hearing, pursuant to N.J.S.A. 9:6-8.50. He also noted that no permanency hearing was ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	61353

86 DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.C IN THE MATTER OF N.C A.C B.C. & A.C minors -- rank: 699

... P.W.R. , supra , 205 N.J. at 32 (quoting N.J.S.A. 9:6-8.46(b)). The statutory definition of an "abused or neglected ... based on the court's decision that it relied on N.J.S.A. 9:6-8.21(c)(4), which declares a child to be abused ... exercise a minimum degree of care.'" Id. at 179 (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). This requires "'conduct that is grossly ... gross negligence or recklessness to succeed in a prosecution under N.J.S.A. 9:6-8.21(c)(4)(b)." N.J. Div. of Child Prot ... make it possible for the children to return home. See N.J.S.A. 9:6-8.8(b)(2). In the months that followed, Judy and ... court was obliged to hold a dispositional hearing, pursuant to N.J.S.A. 9:6-8.50. He also noted that no permanency hearing was ...

docket:	a3010-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	61550

87 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.F. -- rank: 699

... 2) of the statute that defines "abused or neglected child," N.J.S.A. 9:6-8.21. During the fact-finding hearing, the Division presented the ... the Division was seeking a finding against S.F. under N.J.S.A. 9:6-8.21(c)(1) and (2). The court found, as facts ... 1) despite stating that it would decide the case under N.J.S.A. 9:6-8.21(c)(1) and (2), the court framed the determinative issue under N.J.S.A. 9:6-8.21(c)(4)(b), then mistook "excessive force" for "minimum ... insufficient to support a finding of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b) because the evidence did not establish ... P.W.R. , 205 N.J. 17 , 32 (2011) (citing N.J.S.A. 9:6-8.46(b)). N.J.S.A. 9:6-8. ...

docket:	a1417-11
court:	NJ Superior Court Appellate Division
decided:	2012-09-18
status:	unpublished
citation:
Document Size:	30239

88 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.W and D.M., -- rank: 697

... b) in providing the child with proper supervision or guardianship . . . .' N.J.S.A. 9:6-8.21(c)(4). An abused or neglected child is alternatively ... is 'willfully abandoned by his [or her] parent or guardian . . . .' N.J.S.A. 9:6-8.21(c)(5); N.J.S.A. 9:6- 8.9(e). Whether characterized as abandonment or failure to exercise ... Title Nine, '[n]otwithstanding any other law to the contrary.' N.J.S.A. 9:6-8.24(a); see also N.J.S.A. 9:6-8.22. Moreover, the doctrine of quasi-estoppel precludes Daniel from ... s argument that he was denied effective assistance of counsel. N.J.S.A. 9:6-8.43(a) requires a Family Part judge to advise ...

docket:	a2653-18
court:	NJ Superior Court Appellate Division
decided:	2020-09-14
status:	Unpublished
citation:
Document Size:	34277

89 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 697

... committed abuse or neglect of a child in violation of N.J.S.A. 9:6-8.21 (c)(4)(b). The trial court's finding was ... and her half-brother, D.F., Jr., in violation of N.J.S.A. 9:6-8.21(c)(4)(b). With respect to D.F., Sr ... had committed abuse or neglect of Karen in violation of N.J.S.A. 9:6-8.21(c)(4)(b). Specifically as to defendant, Judge Lipton ... F., Sr.] after becoming aware of [the sexual] abuse" violated N.J.S.A. 9:6-8.21(c)(4)(b), which has no requirement to show ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4)(b).] The phrase "minimum degree of care ... 8 (emphasis in original deleted and new emphasis added) (citing N.J.S.A. 9:6-8.21). 6 A parent or guardian "fails to exercise ...

docket:	a6190-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	49729

90 DIVISION OF CHILD PROTECTION AND PERMANENCY v. Q.W and A.W. and M.T IN THE MATTER OF N.W. and A.W Minors -- rank: 697

... abuse or neglect by Mother and Father in violation of N.J.S.A. 9:6-8.21(c)(4)(b). On May 18, the initial OTSC ... to have counsel appointed if indigent, in Title Nine cases. N.J.S.A. 9:6-8.43(a); see N.J.S.A. 9:6- 8.30(a). 'The right is also embodied in our Rules ... and that defendant may be required to accept services. See N.J.S.A. 9:6-8.50(a), (d), (e); N.J.S.A. 9:6-8.51(a); N.J.S.A. 9:6-8.53(a); N.J.S.A. 9:6- 8. ...

docket:	a1406-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-11
status:	unpublished
citation:
Document Size:	96353