Search Rutgers Law Library N.J. Court Opinions

136 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.D. and W.H -- rank: 660

... and conclusions of law regarding the four statutory prongs under N.J.S.A. 30:4C-15.1(a), and also made findings as to the credibility of ... A. 30:4C-15(c) and the four prongs under N.J.S.A. 30:4C-15.1(a). K.H.O., 161 N.J. at 347-4. To terminate parental rights, N.J.S.A. 30:4C-15.1(a) requires the Division to prove the following four prongs ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove each prong by clear and ... serious and enduring emotional or psychological harm to the child.' N.J.S.A. 30:4C-15.1(a)(2) (amended 2021). Notably, the Legislature did not modify ... at 448. We are also satisfied the 2021 amendments to N.J.S.A. 30:4C-15.1(a)(2) and N.J.S.A. 3B:12A- ...

docket:	a1746-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-12
status:	Unpublished
citation:
Document Size:	46912

137 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 658

... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order sibling reunification, the judge ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N.J ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A.S.'s and N ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division shall initiate a petition ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four statutory criteria "are not discrete ... child arising out of the parental relationship and cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2). [ Id. at 380-81 (citing ...

docket:	a3279-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-27
status:	Published
citation:
Document Size:	85183

138 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.R.S. -- rank: 658

... DYFS had met the best interests standard set forth in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. While A.B. broadly ... H.O. , supra , 161 N.J. at 347. Pursuant to N.J.S.A. 30:4C-15.1 a. The [d]ivision shall initiate a petition to terminate ... but the "chaotic" and "undisciplined" conditions of the foster home. N.J.S.A. 30:4C-15.1(a)(1) "requires a clear and convincing showing that the ... that she will maintain long-term abstinence on her own. N.J.S.A. 30:4C-15.1(a)(1) and (2) are closely related, and "evidence that ... conduct that equates with parental unfitness." Ibid. The inquiry under N.J.S.A. 30:4C-15.1(a)(2) "is aimed at determining whether the parent has ... correct the circumstances that led to the child's removal. N.J.S.A. 30:4C-15.1(a)(3). The term "reasonable efforts" is defined in ...

docket:	a1267-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-11-17
status:	unpublished
citation:
Document Size:	89549

139 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 658

... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order sibling reunification, the judge ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N.J ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A.S.'s and N ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division shall initiate a petition ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four statutory criteria "are not discrete ... child arising out of the parental relationship and cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2). [ Id. at 380-81 (citing ...

docket:	a2562-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-27
status:	unpublished
citation:
Document Size:	86850

140 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.T.R and F.T.S -- rank: 658

... burden under the four-prong best interests test, codified at N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. I. The Division first ... of guardianship. Her oral opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with In re Guardianship of K.H.O ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). '[T]he relevant inquiry focuses on the cumulative ... placement will A-0575-19T2 6 add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). That harm may include evidence that separating the ... the court [will] consider[] alternatives to termination of parental rights[.]' N.J.S.A. 30:4C-15.1(a)(3). This prong 'contemplates efforts that focus on reunification ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] 'Whether particular services are necessary in order to ...

docket:	a0575-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-22
status:	Unpublished
citation:
Document Size:	33869

141 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.T. -- rank: 658

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four prongs "relate to and overlap with one ... or will continue to be endangered by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1). The focus of the first prong is not ... H.O. , supra , 161 N.J. at 348-49 (citing N.J.S.A. 30:4C-15.1(a)(2)). There is clear and convincing evidence in the ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). This inquiry looks not only to whether a ... serious and enduring emotional or psychological harm to the child[.]" N.J.S.A. 30:4C-15.1(a)(2). Our courts recognize "reunification becomes increasingly difficult with ... three. We disagree. In order to satisfy the requirements of N.J.S.A. 30:4C-15.1(a)(3), the Division must prove that it has ...

docket:	a5099-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-22
status:	unpublished
citation:
Document Size:	53983

142 NEW JERSEY OF DIVISON OF CHILD PROTECTION AND PERMANENCY v. W.I.L -- rank: 658

... four prongs of the best-interests-of-the-child test, N.J.S.A. 30:4C- 15.1(a), by clear and convincing evidence. In view of the ... 5 of the best-interests-of-the-child statutory test. N.J.S.A. 30:4C-15.1(a). That statute requires the Division prove by clear and ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C- 15.1(a)(2). A-4701-16T1 10 Under the second prong ... placement would cause serious and enduring mental or emotional impairment. N.J.S.A. 30:4C-15.1(a)(2). Under this alternative approach, a trial court examines ... 161 N.J. at 382 (finding the second prong from N.J.S.A. 30:4C-15.1(a) established partly based upon the court-appointed expert's ... court has considered alternatives to the termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). As a result, the trial court must ...

docket:	a4701-16
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	42381

143 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R. -- rank: 658

... to prove all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), at trial. Because we are convinced by our review ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The four prongs of the best interests standard 'are ... the delay of permanent placement will add to the harm,' N.J.S.A. 30:4C-15.1(a)(2), the judge looked to In the Matter of ... with parental unfitness, the two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related to one another, and ... care'). The statutory language the trial judge focused on in N.J.S.A. 30:4C- 15.1(a)(2), that 'separating the child from his resource family ... the delay of permanent placement will add to the harm. ' N.J.S.A. 30:4C-15.1(a)(2). The statute says so clearly: 'Such harm ...

docket:	a0170-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-22
status:	Unpublished
citation:
Document Size:	117119

144 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 658

... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order sibling reunification, the judge ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N.J ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A.S.'s and N ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division shall initiate a petition ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four statutory criteria "are not discrete ... child arising out of the parental relationship and cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2). [ Id. at 380-81 (citing ...

docket:	a2563-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-27
status:	unpublished
citation:
Document Size:	86850

145 New Jersey Division of Youth and Family Services v. E.P. -- rank: 658

... factor best-interests-of-the-child test set forth in N.J.S.A. 30:4C-15.1(a). 6 First, the court found that Andrea’s health ... parental rights will not do more harm than good.” N.J.S.A. 30:4C-15.1(a)(4). The court acknowledged that “[Andrea] is strongly ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Those four factors are not “discrete,” but ... will continue to be endangered by the parental relationship.” N.J.S.A. 30:4C-15.1(a)(1). However, Emilia claims that the Division did fall ... or unwilling to provide a safe and stable home.” N.J.S.A. 30:4C-15.1(a)(1) and (2); see K.H.O. , supra , 161 ... and “considered alternatives to termination of parental rights,” N.J.S.A. 30:4C-15.1(a)(3). Indeed, Emilia does not contest that the ...

docket:	a-112-06
court:
decided:	2008-07-14
status:
citation:	196 N.J. 88
Document Size:	105691

146 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.R.S. -- rank: 658

... DYFS had met the best interests standard set forth in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. While A.B. broadly ... H.O. , supra , 161 N.J. at 347. Pursuant to N.J.S.A. 30:4C-15.1 a. The [d]ivision shall initiate a petition to terminate ... but the "chaotic" and "undisciplined" conditions of the foster home. N.J.S.A. 30:4C-15.1(a)(1) "requires a clear and convincing showing that the ... that she will maintain long-term abstinence on her own. N.J.S.A. 30:4C-15.1(a)(1) and (2) are closely related, and "evidence that ... conduct that equates with parental unfitness." Ibid. The inquiry under N.J.S.A. 30:4C-15.1(a)(2) "is aimed at determining whether the parent has ... correct the circumstances that led to the child's removal. N.J.S.A. 30:4C-15.1(a)(3). The term "reasonable efforts" is defined in ...

docket:	a1268-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-11-17
status:	unpublished
citation:
Document Size:	89548

147 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES IN THE MATTER OF THE GUARDIANSHIP OF A.R.S-R AND A.C.S–R -- rank: 656

... when it is in "the best interests of [any] child." N.J.S.A. 30:4C-15.1(a). The Legislature codified a judicial framework to guide courts ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a) (codifying N.J. Div. of Youth & Family Servs. v ... current living situation in finding that the second prong of N.J.S.A. 30:4C-15.1(a) weighed in favor of termination. We disagree. Judge Hayden ... to provide a safe and stable home for the child . . . ." N.J.S.A. 30:4C-15.1(a)(2). Courts should not resort to analysis of the ... there was insufficient evidence to meet the third prong of N.J.S.A. 30:4C-15.1(a). M.S. argues that DYFS did not provide adequate ... she could "provide a safe and stable home." Pursuant to N.J.S.A. 30:4C-15.1(a)(3), DYFS must make "reasonable efforts to provide ...

docket:	a4581-09
court:	superior court appellate division
decided:	2011-01-25
status:	Unpublished
citation:
Document Size:	51228

148 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.L.H. -- rank: 656

... prongs of the 'best interests of the child test' under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. David also claims he ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and convincing ... to be, endangered by a continued relationship with David. See N.J.S.A. 30:4C- 15.1(a)(1). B. Prong Two With respect to prong two ... which led to the child’s placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3). Specifically, David maintains the Division failed to offer ... further the goal of family reunifications; . . . and facilitating appropriate visitation.' N.J.S.A. 30:4C-15.1(c). 'The diligence of [the Division’s] efforts on behalf ... which led to the [Mark's] placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3). D. Prong Four The final prong of ...

docket:	a4461-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-03
status:	Unpublished
citation:
Document Size:	45367

149 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.H. -- rank: 656

... evidence all four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) for termination of J.H.'s and A.H ... establish the four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under N.J.S.A. 30:4C-15.1(a), the Division may file a petition to terminate parental ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); I.S. , supra , 202 N.J. at 170 ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). There are two ways to establish the second ... K.H.O. , supra , 161 N.J. at 348 (citing N.J.S.A. 30:4C-15.1(a)(2)). The "inquiry is aimed at determining whether ...

docket:	a5421-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	47892

150 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.H. -- rank: 656

... evidence all four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) for termination of J.H.'s and A.H ... establish the four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under N.J.S.A. 30:4C-15.1(a), the Division may file a petition to terminate parental ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); I.S. , supra , 202 N.J. at 170 ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). There are two ways to establish the second ... K.H.O. , supra , 161 N.J. at 348 (citing N.J.S.A. 30:4C-15.1(a)(2)). The "inquiry is aimed at determining whether ...

docket:	a5420-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	47916