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151 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.W. -- rank: 656

... best interests, as codified in the four criteria contained in N.J.S.A. 30:4C-15.1(a). Specifically, he argues that the Division did not clearly ... and concluded that the Division had "proven its case under N.J.S.A. 30:4C-15.1, by clear and convincing evidence," as stated in its order ... be in the best interests of the child or children.  N.J.S.A. 30:4C-15.1(a); F.M. , supra , 211 N.J. at 447-48.  The "best interests" standard is codified in N.J.S.A. 30:4C-15.1(a), which requires the State to establish the following four ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). This directs the "trial court [to] consider whether ... 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, ...

docket:	a2931-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-19
status:	unpublished
citation:
Document Size:	74717

152 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. V.P.M. -- rank: 656

... rights must be terminated in the child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and convincing ... evidence as it relates to the four prongs delineated in N.J.S.A. 30:4C-15.1(a) that the Division was required to prove by clear ... defendant had endangered the children's health, safety, or development, N.J.S.A. 30:4C-15.1(a)(1), by failing "to provide appropriate medical care, safe ... eliminate the harm or provide a safe and stable home, N.J.S.A. 30:4C-15.1(a)(2). The judge's findings on these prongs are ... inability and unwillingness to eliminate the harms facing her children. N.J.S.A. 30:4C-15.1(a)(2). B. The Third Prong As for the third ... obligates the Division to make reasonable efforts to provide services, N.J.S.A. 30:4C-15.1(a)(3), "contemplates efforts that focus on reunification," K. ...

docket:	a1251-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-26
status:	unpublished
citation:
Document Size:	56195

153 STATE OF NEW JERSEY, DIVISION OF YOUTH AND FAMILY SERVICES v. W.B. and D.E. -- rank: 656

... Investors Ins. Co. , 65 N.J. 474, 484 (1974)). II. N.J.S.A. 30:4C-15.1(a) requires that the State show by clear and convincing ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] "The four criteria enumerated in the best interests stan ... health and development resulting from the parental relationship." Ibid. (citing N.J.S.A. 30:4C-15.1(a)(1)). While drug use alone is insufficient to satisfy ... arising out of the paren­tal relationship and cognizable under N.J.S.A. , 30:4C-15.1(a)(1) and (2). K.H.O. , supra , 161 N ... in permanency would add to the harm to the child. N.J.S.A. 30:4C-15.1(a)(2). The bonding evaluation here clearly and convinc­ingly ... basi[c] parenting functions constitutes a parental harm cognizable under N.J.S.A. 30:4C-15.1(a)(1)." This finding is clearly supported by the ...

docket:	a4760-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-10-30
status:	Published
citation:
Document Size:	47915

154 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:	a2950-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	48935

155 /usr/local/share/www/libweb/collections/courts/appellate/a2949-10a2950-10a5420-10a5421-10.opn.html -- 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	48715

156 STATE OF NEW JERSEY, DIVISION OF YOUTH AND FAMILY SERVICES v. W.B. and D.E. -- rank: 656

... Investors Ins. Co. , 65 N.J. 474, 484 (1974)). II. N.J.S.A. 30:4C-15.1(a) requires that the State show by clear and convincing ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] "The four criteria enumerated in the best interests stan ... health and development resulting from the parental relationship." Ibid. (citing N.J.S.A. 30:4C-15.1(a)(1)). While drug use alone is insufficient to satisfy ... arising out of the paren­tal relationship and cognizable under N.J.S.A. , 30:4C-15.1(a)(1) and (2). K.H.O. , supra , 161 N ... in permanency would add to the harm to the child. N.J.S.A. 30:4C-15.1(a)(2). The bonding evaluation here clearly and convinc­ingly ... basi[c] parenting functions constitutes a parental harm cognizable under N.J.S.A. 30:4C-15.1(a)(1)." This finding is clearly supported by the ...

docket:	a5708-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-10-30
status:	Published
citation:
Document Size:	47923

157 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:	a2949-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	48935

158 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.V.H. -- rank: 653

... De.'s injury. The court found that the prongs of N.J.S.A. 30:4C-15.1(a)(1)-(4) had been satisfied so as to warrant ... rights and considered each of the four statutory prongs of N.J.S.A. 30:4C-15.1(a), making specific findings to support its conclusion to terminate ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These standards are not "discrete or separate." In re ... that the first statutory prong had been met. We disagree. N.J.S.A. 30:4C-15.1(a)(1) "requires a clear and convincing showing that the ... including the harm that separation from foster parents may cause. N.J.S.A. 30:4C-15.1(a)(2). Evidence supporting the first statutory prong may support ... a delay in permanent placement would harm the children. Ibid. ; N.J.S.A. 30:4C-15.1(a)(2). Prolonged inattention to a child's needs, ...

docket:	a5504-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-03
status:	Published
citation:
Document Size:	78533

159 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.T. -- rank: 653

... De.'s injury. The court found that the prongs of N.J.S.A. 30:4C-15.1(a)(1)-(4) had been satisfied so as to warrant ... rights and considered each of the four statutory prongs of N.J.S.A. 30:4C-15.1(a), making specific findings to support its conclusion to terminate ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These standards are not "discrete or separate." In re ... that the first statutory prong had been met. We disagree. N.J.S.A. 30:4C-15.1(a)(1) "requires a clear and convincing showing that the ... including the harm that separation from foster parents may cause. N.J.S.A. 30:4C-15.1(a)(2). Evidence supporting the first statutory prong may support ... a delay in permanent placement would harm the children. Ibid. ; N.J.S.A. 30:4C-15.1(a)(2). Prolonged inattention to a child's needs, ...

docket:	a5209-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-03
status:	Published
citation:
Document Size:	78532

160 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.K. -- rank: 651

... HOME. (D) DYFS DID NOT PREVAIL ON PRONG FOUR OF N.J.S.A. 30:4C-15.1(a) BECAUSE IT DID NOT PROVE BY CLEAR AND CONVINCING ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275, § 7. The statute ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not independent of each other ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must be one that threatens ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses on parental unfitness and ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N.J. ...

docket:	a5949-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-20
status:	unpublished
citation:
Document Size:	74962

161 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. RO.H. and RA.H.,1 IN THE MATTER OF THE GUARDIANSHIP OF P.R.H., T.G.H. and A.R.H -- rank: 651

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); N.J. Div. of Youth & Family Servs. v. I ... 2008). The trial court carefully considered the criteria established in N.J.S.A. 30:4C-15.1(a) and cited adequate, substantial evidence in the record in ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). During the course of the three years prior ... unwilling or unable to eliminate the harm facing their children, N.J.S.A. 30:4C-15.1(a)(2), and the proof required by the third prong ... them correct the circumstances leading to the children's placement. N.J.S.A. 30:4C-15.1(a)(3). Under the second statutory prong "[n]o more ... 344 N.J. Super. 418 , 434 (App. Div. 2001) (quoting N.J.S.A. 30:4C-15.1(a)(2)), certif. denied , 171 N.J. 44 (2002). ...

docket:	a2426-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-14
status:	unpublished
citation:
Document Size:	67735

162 /usr/local/share/www/libweb/collections/courts/appellate/a3833-09.opn.html -- rank: 651

... the four prongs required for termination of parental rights under N.J.S.A. 30:4C-15.1 by clear and convincing evidence. He entered a judgment of ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275, § 7. The statute ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not independent of each other ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must be one that threatens ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses on parental unfitness and ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N.J. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	92835

163 OF YOUTH AND FAMILY SERVICES v. N.H. IN THE MATTER OF THE GUARDIANSHIP OF W.M. and N.H minors -- rank: 651

... not as strong, that evidence will satisfy the requirement of N.J.S.A. 30:4C-15.1(a)(4) that termination of parental rights will not do ...

docket:	a3095-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-26
status:	unpublished
citation:
Document Size:	56484

164 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. RO.H. and RA.H.,1 IN THE MATTER OF THE GUARDIANSHIP OF P.R.H., T.G.H. and A.R.H -- rank: 651

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); N.J. Div. of Youth & Family Servs. v. I ... 2008). The trial court carefully considered the criteria established in N.J.S.A. 30:4C-15.1(a) and cited adequate, substantial evidence in the record in ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). During the course of the three years prior ... unwilling or unable to eliminate the harm facing their children, N.J.S.A. 30:4C-15.1(a)(2), and the proof required by the third prong ... them correct the circumstances leading to the children's placement. N.J.S.A. 30:4C-15.1(a)(3). Under the second statutory prong "[n]o more ... 344 N.J. Super. 418 , 434 (App. Div. 2001) (quoting N.J.S.A. 30:4C-15.1(a)(2)), certif. denied , 171 N.J. 44 (2002). ...

docket:	a2427-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-14
status:	unpublished
citation:
Document Size:	67736

165 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.W.K.T and D.B -- rank: 649

... Division) failed to prove the third and fourth prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. For 1 We refer ... the statutory best interests test by clear and convincing evidence, N.J.S.A. 30:4C-15.1(a); and (2) termination of T.T. and D.B ... CHILDREN UNDER N.J.S.A. 30:4C-15 AND N.J.S.A. 30:4C-15.1. A. THE COURT ERRED IN HOLDING THAT DCPP PROVED THAT ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also N.J. Div. of Youth & Family Servs ... the court to 'consider[] alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). 'Reasonable efforts' is defined as 'attempts by an ... placement of the child and in reinforcing the family structure.' N.J.S.A. 30:4C-15.1(c). Those efforts are 'not measured by their success.' ...

docket:	a4820-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-13
status:	Unpublished
citation:
Document Size:	33622