Search Rutgers Law Library N.J. Court Opinions

121 /usr/local/share/www/libweb/collections/courts/appellate/a0210-12xx.opn.html -- rank: 664

... child, would not be able to explain himself. Thus, as N.J.S.A. 9:6-8.21(c)(4) defines an abused or neglected child as one ... conviction. II. The Division brought this case under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, the statute covering non-criminal abuse and ... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4).] In determining whether action or inaction constitutes abuse ... J. Super. 320 , 329 (App. Div. 2011). An inquiry under N.J.S.A. 9:6-8.21 should focus on the harm to the child, rather than ... S.A. 9:6-8.29 of the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. This archive is a service of Rutgers ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	45922

122 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.L. -- rank: 664

... that defendant abused and neglected M.W. as proscribed by N.J.S.A. 9:6-8.21(c)(4)(b). The judge elaborated: A-5434-15T2 6 ... See N.J.S.A. 30:4C-15.1(a). N.J.S.A. 9:6-8.21(c) defines various circumstances that can comprise the abuse or ... a similarly serious nature requiring the aid of the court .... [ N.J.S.A. 9:6-8.21(c)(4)(b) (emphasis added).] Our Supreme Court has noted ... imminent danger.' A.L., 213 N.J. at 18 (citing N.J.S.A. 9:6-8.21(c)(4)). Relevant here, a court need not wait until ... of harm.' A.L., 213 N.J. at 23 (citing N.J.S.A. 9:6- 8.21(c)(4)(b)). Further, our courts have recognized that '[p ... harm and constituted abuse and neglect within the meaning of N.J.S.A. 9:6-8.21(c)(4). To the extent not addressed, defendant's ...

docket:	a5434-15
court:	NJ Superior Court Appellate Division
decided:	2018-11-15
status:	Unpublished
citation:
Document Size:	31325

123 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.C. and W.D and L.T. -- rank: 661

... A-0300-21 2 8.21(c)(4)(b) and N.J.S.A. 9:6-8.21(c)(1). The Law Guardian supports the judge's finding ... S.A. 9:6-8.46(b). In pertinent part, N.J.S.A. 9:6- 8.21(c)(4)(b) defines an 'abused or neglected child' as ...

docket:	a0300-21
court:	NJ Superior Court Appellate Division
decided:	2022-09-20
status:	Unpublished
citation:
Document Size:	19985

124 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.I. -- rank: 661

... N.J.S.A. 9:6-8.8). See also N.J.S.A. 9:6-8.21 to -8.73 (governing protection of abused and neglected children ... at 8. An "abused or neglected child" is defined in N.J.S.A. 9:6-8.21(c) as a child less than 18 years of age ... child." A.L. , supra , 213 N.J. at 8 (citing N.J.S.A. 9:6-8.21(c)). If an isolated act "appears to be aberrational," labeling ... of care, recklessly creating "harm, or [the] substantial risk thereof[.]" N.J.S.A. 9:6-8.21(c)(4)(b). A teenager's expression tantamount to thoughts ... psychiatric evaluation was not proven to be medical neglect under N.J.S.A. 9:6-8.21(c)(4). Reversed. 1 On June 29, 2012, the Department ... 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 ...

docket:	a2878-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-02
status:	unpublished
citation:	437 N.J.Super. 142 97 A.3d 265
Document Size:	55524

125 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.L IN THE MATTER OF J.W.-T., T.T., JR N.T., and L.W., minors -- rank: 661

... N.J.S.A. 9:6-8.8). See also N.J.S.A. 9:6-8.21 to -8.73 (governing protection of abused and neglected children ... 8.33). An "abused or neglected child" is defined in N.J.S.A. 9:6-8.21(c)(4)(b): "Abused or neglected child" means a child ... L. , 213 N.J. at 8, 23, 30; see also N.J.S.A. 9:6-8.21(c). Contrary to the Division's interpretation and the judge ... a 'substantial risk' of harm to be inflicted." Ibid. (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). Actual harm under the statute can be ... harm or the substantial risk thereof to be inflicted. See N.J.S.A. 9:6-8.21(c)(4)(b). The order of neglect against defendant is ... 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 ...

docket:	a4395-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-24
status:	Published
citation:
Document Size:	52499

126 DIVISION OF YOUTH AND FAMILY SERVICES v. N.M IN THE MATTER OF J.K JR., and JO.K., minors -- rank: 658

... 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 Division ... 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 for ... 6-8.50(d), (e)). Germane to the present context, N.J.S.A. 9:6-8.21(c)(4) provides, in relevant part, that an abused or ... the child from "unreasonably inflicting . . . harm, or substantial risk thereof[.]" N.J.S.A. 9:6-8.21(c)(4). Defendant's conduct in entrusting her infant to ... known as a "Dodd removal," pursuant to the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. 6 Miranda v. Arizona , 384 U.S ...

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

127 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.E. -- rank: 656

... Mary had abused or neglected Ethan within the meaning of N.J.S.A. 9:6-8.21(c). Although he found that the Division had provided insufficient ... Division failed to prove abuse or neglect as defined by N.J.S.A. 9:6-8.21(c)(4). She also contends that the judge erred in ... Ethan. The Division filed its complaint pursuant to Title Nine, N.J.S.A. 9:6-8.21 to -8.73, which is concerned with "noncriminal proceedings involving ... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4) .] The language in N.J.S.A. 9:6-8.21(c)(4) concerning failure "to exercise a minimum degree of ... 2011 subjected Ethan to abuse or neglect as defined in N.J.S.A. 9:6-8.21(c). There was no allegation, and certainly no proof, ...

docket:	a5246-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-04
status:	unpublished
citation:
Document Size:	39370

128 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.S and S.R IN THE MATTER OF R.R., a Minor -- rank: 656

... neglected her infant son, R.R., within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b), by using prescription medications during her pregnancy ... for custody, care, and supervision of R.R., pursuant to N.J.S.A. 9:6- 8.21 and 30:4C-12. Cannon testified that after speaking to ... and was not evasive in answering questions. Next, relying on N.J.S.A. 9:6-8.21(c)(4)(b) and New Jersey Division of Child Protection ... Comm. of Manalapan, 140 N.J. 366, 378 (1995). Under N.J.S.A. 9:6-8.21(c)(4)(b), to establish 'abuse or neglect,' the Division ... thereof.' Y.N., 220 N.J. at 178-80 (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). Thus, '[t]he statute makes clear that ... essential element for a finding of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b).' Y.N., 220 N.J. at ...

docket:	a5426-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-13
status:
citation:
Document Size:	29703

129 /usr/local/share/www/libweb/collections/courts/appellate/a2626-20.opn.html -- rank: 656

... 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 Senate ... 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 not ... evidence that defendants abused or neglected Sally as defined under N.J.S.A. 9:6-8.21(c)(4)(b). Before making this determination, the judge summarized ... or allowing to be inflicted harm, or substantial risk thereof . . . . [N.J.S.A. 9:6-8.21(c)(4).] The proofs needed to establish abuse or neglect ... finding that defendants abused or neglected Sally, as defined under N.J.S.A. 9:6- 8.21(c)(4). In fact, we agree with his conclusions that ...

docket:
court:
decided:
status:
citation:
Document Size:	40531

130 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.M. -- rank: 656

... neglected Diane's child within the meaning of Title 9, N.J.S.A. 9:6-8.21 to -8.73. In reaching its decision, the Family Part ... but "given the totality of the circumstances," and citing to N.J.S.A. 9:6-8.21(c)(4)(b), she found that Carla and Diane placed ... the metal bat incident occurred. Furthermore, Judge DeCastro cited to N.J.S.A. 9:6-8.21(c)(4)(a) and found Carla failed to provide adequate ... Family Servs. , 157 N.J. 161 , 171 (1999)); see also N.J.S.A. 9:6-8.21 to -8.73. Title 9 is intended to safeguard children ... 178 (citing N.J.S.A. 9:6-8.33). N.J.S.A. 9:6-8.21(c)(4) provides that a child is "abused or neglected ... 213 N.J. at 22 (second alteration in original) (quoting N.J.S.A. 9:6-8.21(c)(4)(b)).] "Accordingly, Title 9 initially looks for ...

docket:	a0156-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-27
status:	unpublished
citation:
Document Size:	42264

131 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.S and E.S., B.B., and S.H -- rank: 656

... 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 WHICH ... 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 fact ... 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 corporal ...

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

132 /usr/local/share/www/libweb/collections/courts/appellate/a3477-12recon.opn.html -- rank: 653

... the controlling standards for adjudicating cases of abuse or neglect. N.J.S.A. 9:6-8.21 to 8.73; Dep't of Children & Families, Div. of ... of similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4)(b)]. The burden is on the Division to ... harm." A.L. , supra , 213 N.J. at 23 (citing N.J.S.A. 9:6-8.21(c)(4)(b)). A "minimum degree of care," as required by N.J.S.A. 9:6-8.21(c)(4)(b), does not refer to merely negligent conduct ... the evidence is inadequate to "satisfy the standard articulated in N.J.S.A. 9:6-8.21(c)(4)," reversal is required. N.J. Div. of Youth ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	51869

133 /usr/local/share/www/libweb/collections/courts/appellate/a2922-15.opn.html -- rank: 653

... 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 same ... 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 and ... stresses she stipulated to abuse or neglect in violation of N.J.S.A. 9:6-8.21(c)(4) by almost hitting Father's car while the ... Voluntary Stipulation/Admission to Child Abuse or Neglect Pursuant to N.J.S.A. 9:6-8.21(c),' stating 'you understand that by agreeing to enter into ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	35442

134 DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.W. -- rank: 653

... she abused or neglected the child within the meaning of N.J.S.A. 9:6-8.21(c). Defendant also appeals from the February 26, 2015 order ... that defendant abused or neglected Gary within the meaning of N.J.S.A. 9:6-8.21(c) by using drugs during her pregnancy, which resulted in ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4)(b).] In order to prevail in a Title ... for seven weeks. Id. at 168. The Court held that " N.J.S.A. 9:6-8.21(c)(4)(b) does not require a finding of abuse ... Defendant clearly abused or neglected Gary within the meaning of N.J.S.A. 9:6-8.21(c) by ingesting illicit drugs during her pregnancy. Affirmed. 1 ...

docket:	a3715-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-15
status:	unpublished
citation:
Document Size:	35532

135 A-0STATE OF NEW JERSEY v. D.K August 24, 2015 -- rank: 653

... provided in N.J.S.A. 9:6-1 and N.J.S.A. 9:6-8.21. The trial judge failed to recite the definition of an ... child" in N.J.S.A. 9:6-1 and N.J.S.A. 9:6-8.21. Because the trial court is required to define and explain ... that "defendant inflicted serious injury" upon Nathan is consistent with N.J.S.A. 9:6-8.21(c)(1). N.J.S.A. 9:6-8.21(c)(1) defines an abused and neglected child as one ... of . . . willfully failing to provide . . . medical attendance or surgical treatment[.]" N.J.S.A. 9:6-8.21(c)(4)(a) defines an "abused or neglected child" as ...

docket:	a0650-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-25
status:	unpublished
citation:
Document Size:	77154