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91 /usr/local/share/www/libweb/collections/courts/appellate/asdf.opn.html -- rank: 599

... the evidence that a parent abused or neglected a child, N.J.S.A. 9:6- 8.46(b)(1), and the Judiciary has no commission to exercise ...

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court:	NJ Superior Court Law/Chancery Division
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92 DIVISION OF YOUTH AND FAMILY SERVICES v. N.M IN THE MATTER OF J.K JR., and JO.K., minors -- rank: 599

... 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, it ... 9 fact-finding hearing must be "competent, material and relevant." N.J.S.A. 9:6-8.46. Additionally, Title 9 fact-finding hearings must be conducted with ...

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

93 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.L. -- rank: 599

... If the court finds by a preponderance of the evidence, N.J.S.A. 9:6-8.46(b)(1), that a child has been abused or neglected ... by the testimony of a child alone, without corroboration. See N.J.S.A. 9:6-8.46(a)(4); N.J. Div. of Youth & Family Servs. v ... evidence" derived from the "competent, material and relevant evidence" that N.J.S.A. 9:6-8.46 requires, as it was based on T.D.'s stipulation ...

docket:	a5799-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-17
status:	unpublished
citation:
Document Size:	31513

94 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.S.T. -- rank: 599

... contends Abby's hearsay statements were not corroborated pursuant to N.J.S.A. 9:6-8.46(a)(4). Having considered Josue's arguments in light of ... Abby's out-of-court statements were corroborated, consistent with N.J.S.A. 9:6-8.46(a)(4), which states "no such statement[s], if uncorroborated ... P.W.R. , 205 N.J. 17 , 32 (2011) (quoting N.J.S.A. 9:6-8.46(b)). A. We consider first Josue's argument that Abby ... the child relating to any allegations of abuse or neglect," N.J.S.A. 9:6-8.46(a)(4), but they were not corroborative of Abby's ...

docket:	a3946-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-16
status:	unpublished
citation:
Document Size:	42176

95 /usr/local/share/www/libweb/collections/courts/appellate/a4731-15a4732-15.opn.html -- rank: 597

... and relevant evidence that a child is abused or neglected. N.J.S.A. 9:6-8.46(b). This burden of proof requires the Division to demonstrate ... children's reports, however, were corroborated by other evidence. See N.J.S.A. 9:6-8.46(a)(4); see also Y.A., 437 N.J. Super ... harm. N.J.S.A. 9:6-8.21(c); N.J.S.A. 9:6-8.46(b); V.T., 423 N.J. Super. at 329. B ...

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court:	NJ Superior Court Law/Chancery Division
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96 DIVISION OF YOUTH AND FAMILY SERVICES v. A.B and J.F. and A.M., Sr IN THE MATTER OF J.F and A.M., Jr minors -- rank: 597

... s conclusions must be based on material and relevant evidence, N.J.S.A. 9:6-8.46(b), (c). The witnesses should be under oath and subject ... Title Nine fact-finding and dispositional hearings includes Division reports. N.J.S.A. 9:6-8.46 authorizes a court conducting a Title Nine proceeding to admit ... or the psychological evaluations were not admissible. As previously stated, N.J.S.A. 9:6-8.46 and Rule 5:12-4(d) authorize the admissibility of ... through the submission of an appropriate affidavit or certification. See N.J.S.A. 9:6-8.46(a)(3). And of course, the authenticating elements can be ...

docket:	a0594-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-05
status:	unpublished
citation:
Document Size:	53542

97 /usr/local/share/www/libweb/collections/courts/appellate/a3477-12recon.opn.html -- rank: 597

... by a preponderance of the "competent, material and relevant evidence[.]" N.J.S.A. 9:6-8.46(b); N.J. Dep't of Children & Families v. A ... to how this fact shows a risk to Sara. See N.J.S.A. 9:6-8.46(a)(1). This archive is a service of Rutgers School ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	51869

98 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.S and E.S., B.B., and S.H -- rank: 597

... 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 is ... be jeopardized if left in defendant's care. See also N.J.S.A. 9:6-8.46(a)(1) (declaring that 'proof of the abuse or neglect ...

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

99 /usr/local/share/www/libweb/collections/courts/supreme/a1559-14.opn.html -- rank: 597

... P.W.R. , 205 N.J. 17 , 32 (2011) (quoting N.J.S.A. 9:6-8.46(b)). The statute requires a court to consider harm or ... abuse and neglect by a preponderance of the evidence." Ibid. ; N.J.S.A. 9:6-8.46(b). Here, following S.W.'s stipulation, the judge determined ...

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court:	NJ Superior Court Law/Chancery Division
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100 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.W and C.V -- rank: 597

... P.W.R. , 205 N.J. 17 , 32 (2011) (quoting N.J.S.A. 9:6-8.46(b)). The statute requires a court to consider harm or ... abuse and neglect by a preponderance of the evidence." Ibid. ; N.J.S.A. 9:6-8.46(b). Here, following S.W.'s stipulation, the judge determined ...

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

101 DIVISION OF YOUTH AND FAMILY SERVICES v. M.L and L.L IN THE MATTER OF D.L a minor -- rank: 597

... statute, court rule and, of course, the rules of evidence. N.J.S.A. 9:6-8.46(b) provides that only "competent, material and relevant" evidence may ... must be proved by "a preponderance of the evidence." Further, N.J.S.A. 9:6-8.46(a)(3) states, in pertinent part, that any writing, record ... but they shall not affect its admissibility[.] Other sections of N.J.S.A. 9:6-8.46 address evidence issues, but we do not cite them here ... 344 (App. Div. 1969). Thus, the reports were admissible under N.J.S.A. 9:6-8.46(a)(3) and Rule 5:12-4(d). Since the ... of any "condition, act, transaction, occurrence or event" reflected therein. N.J.S.A. 9:6-8.46(a)(3). Further, the conclusions drawn from the facts set ...

docket:	a3749-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-10
status:	unpublished
citation:
Document Size:	41242

102 DIVISION OF YOUTH AND FAMILY SERVICES v. R.J.J IN THE MATTER OF A.J AND C.B.P Minors -- rank: 597

... a Title Nine case is "a preponderance of the evidence." N.J.S.A. 9:6-8.46(b)(1). At a fact-finding hearing, "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b)(2). The Supreme Court has made it clear that ... s conclusions must be based on material and relevant evidence, N.J.S.A. 9:6-8.46(b), (c). The witnesses should be under oath and subject ... sufficient to make a fact finding of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). Although, "a child's hearsay statement . . . may not ...

docket:	a2747-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-26
status:	unpublished
citation:
Document Size:	32454

103 /usr/local/share/www/libweb/collections/courts/appellate/a1795-19.opn.html -- rank: 597

... W.R., 205 N.J. at 32 (citation omitted) (quoting N.J.S.A. 9:6-8.46(b)). 'Under the preponderance standard, 'a litigant must establish that ... responsibility of such person is an abused or neglected child. [N.J.S.A. 9:6-8.46(a)(2).] '[N]on-intentional conduct is sufficient to warrant ...

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104 OF CHILD PROTECTION AND PERMANENCY v. J.F and S.G IN THE MATTER OF J.F J.F and J.F., Minors -- rank: 597

... and . . . only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b). While the Division must demonstrate "the probability of present ... sufficient to make a fact-finding of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). Thus, only a child's corroborated statements, even ...

docket:	a5698-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-25
status:	Published
citation:
Document Size:	50086

105 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.B. -- rank: 597

... s conclusions must be based on material and relevant evidence, N.J.S.A. 9:6-8.46(b), (c). The witnesses should be under oath and subject ... Title Nine fact-finding and dispositional hearings includes Division reports. N.J.S.A. 9:6-8.46 authorizes a court conducting a Title Nine proceeding to admit ... or the psychological evaluations were not admissible. As previously stated, N.J.S.A. 9:6-8.46 and Rule 5:12-4(d) authorize the admissibility of ... through the submission of an appropriate affidavit or certification. See N.J.S.A. 9:6-8.46(a)(3). And of course, the authenticating elements can be ...

docket:	a0595-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-05
status:	unpublished
citation:
Document Size:	53488