Search Rutgers Law Library N.J. Court Opinions

196 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.L.C and L.T. -- rank: 642

... the Family Part judge misapplied the 'best interests' statutory test, N.J.S.A. 30:4C-15.1(a). 1 We use initials and fictitious names to refer ... prongs of the best interests of the child standard under N.J.S.A. 30:4C-15.1 and terminated Luke's parental rights to Eric and Logan ... J.S.A. 30:4C-15(c) and elaborated in N.J.S.A. 30:4C-15.1(a) as four prongs. K.H.O., 161 N.J ... 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 ... Luke's contentions regarding the first and second prongs of N.J.S.A. 30:4C-15.1(c). Luke argues the judge erred in finding his mental ... placement' will further harm the child.' Id. at 352 (citing N.J.S.A. 30:4C-15.1(a)(2)). While prongs one and two are separate ...

docket:	a0917-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-20
status:	Unpublished
citation:
Document Size:	55057

197 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.C. and L.M -- rank: 642

... served by terminating April and Len's parental rights under N.J.S.A. 30:4C-15.1(a). We are persuaded that the trial court correctly found ... by clear and convincing evidence on all four prongs of N.J.S.A. 30:4C-15.1(a). Len argues that the Division failed to meet its ... child's best interests. In order to obtain parental termination, N.J.S.A. 30:4C-15.1(a) requires the Division prove by clear and convincing evidence ... of parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a). See also A.W., 103 N.J. at 604 ... Division proved by clear and convincing evidence each prong of N.J.S.A. 30:4C-15.1(a) with regard to each parent.1 We disagree, and ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). 'Although a particularly egregious single harm can ...

docket:	a1833-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-20
status:	Unpublished
citation:
Document Size:	30800

198 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.M. -- rank: 642

... respect to the first two prongs of the termination statute, N.J.S.A. 30:4C-15.1(a), as to both parents. However, we remand this case ... by the level of clear and convincing evidence required by N.J.S.A. 30:4C-15.1(a). In particular, the judge found the expert opinions of ... by clear and convincing evidence, the following four prongs under N.J.S.A. 30:4C-15.1(a): (1) The child's safety, health or development has ... 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 ... to the last clause of prong three set forth in N.J.S.A. 30:4C-15.1(a)(3) regarding the adequacy of the trial court's ... will not do the children more harm than good under N.J.S.A. 30:4C- - 15.1(a)(4). As the finder of fact, the trial ...

docket:	a3597-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-19
status:	Published
citation:	459 N.J.Super. 246 209 A.3d 227
Document Size:	69184

199 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANANCY v. R.W and A.P. and L.A.P -- rank: 640

... the trial court misapplied the 'best interests' statutory factors, see N.J.S.A. 30:4C-15.1(a). After carefully reviewing the record in light of the ... amendment to the termination of parental rights 'best interests' factors, N.J.S.A. 30:4C-15.1(a), was the deletion of the sentence: '[s]uch harm ... CHILDREN UNDER N.J.S.A. 30:4C- 15 AND N.J.S.A. 30:4C-15.1(a). A. THE TRIAL COURT FAILED TO PROPERLY CONSIDER ALTERNATIVES ... the child's best interest to terminate parental rights. Specifically, N.J.S.A. 30:4C-15.1(a) requires the Division to prove four prongs by clear ... S.A. 3B:12A-6(d)(3) does not affect N.J.S.A. 30:4C-15.1(a)(1) to (4). The KLG amendment does not negate ... of parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(2) to (4). As noted, the only amendment ...

docket:	a0617-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-22
status:	Unpublished
citation:
Document Size:	42387

200 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.R. -- rank: 640

... alleged failure to consider alternatives to termination as required by N.J.S.A. 30:4C-15.1(a)(3), or to place the children together or with ... of the statutory 'best interests of the child' test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian supports ... adduced during the five-day trial, all four prongs of N.J.S.A. 30:4C-15.1(a). At trial, the Division relied upon documentary evidence and ... 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 ... further the goal of family reunifications; . . . and facilitating appropriate visitation.' N.J.S.A. 30:4C-15.1(a)(3). Services provided by the Division must be tailored ... court's determination that the Division satisfied the criteria under N.J.S.A. 30:4C-15.1(a). Finally, we disagree with Brenda's claim that ...

docket:	a5613-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-14
status:	Unpublished
citation:
Document Size:	43590

201 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.H. -- rank: 640

... clear and convincing evidence prongs two, three and four of N.J.S.A. 30:4C:15-1(a). John only challenges the judge's findings on prongs ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These "four prongs are not discrete and separate, but ... arising out of the parental relationship [that is] cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2)." Id. at 380-81. "The second ... continues the significant harm to the child in satisfaction of N.J.S.A. 30:4C-15.1(a)(2). [ N.J. Div. of Youth & Family Servs. v ... of the children from the home." Id. at 452 (quoting N.J.S.A. 30:4C-15.1(a)(3)). The emphasis on the third prong is on ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The fourth prong serves as a "'fail- ...

docket:	a2120-14
court:	NJ Superior Court Appellate Division
decided:	2016-01-11
status:	unpublished
citation:
Document Size:	29023

202 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.C.D. -- rank: 640

... the four prongs of the best interests test established by N.J.S.A. 30:4C-15.1(a)(1)-(4) by the required clear and convincing evidence ... 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:	a1153-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-01
status:	unpublished
citation:
Document Size:	57884

203 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.C.D. -- rank: 640

... the four prongs of the best interests test established by N.J.S.A. 30:4C-15.1(a)(1)-(4) by the required clear and convincing evidence ... 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:	a1154-11xx
court:	NJ Superior Court Appellate Division
decided:	2013-10-01
status:	unpublished
citation:
Document Size:	57883

204 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.M. -- rank: 637

... Super. 435 , 439 (App. Div. 2002). Termination actions brought under N.J.S.A. 30:4C-15.1(a) are decided under a four-prong "best interests of ... N.J. 591 , 604-11 (1986), and now codified in N.J.S.A. 30:4C-15.1(a). Under that standard, parental rights may be terminated only ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The "four [prongs] enumerated in the best interests standard ... to be endangered by the parental relationship," as required by N.J.S.A. 30:4C-15.1(a)(1). Id. at 39. We concluded that "[i]n ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). We found in our prior opinion that until ... M.'s] parental rights" under the standards set forth in N.J.S.A. 30:4C-15.1(a). N.J. Div. of Youth & Family Servs. v. ...

docket:	a6020-08
court:	superior court appellate division
decided:	2010-03-23
status:	published
citation:	414 N.J. Super. 56 997 A.2d 1010
Document Size:	87237

205 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R. -- rank: 637

... court's findings on prongs two, three and four of N.J.S.A. 30:4C-15.1(a). We affirm. We derive the following facts from the ... judge held that the Division proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. 5 The judge concluded ... not do more harm than good. [ Id. at 448 (quoting N.J.S.A. 30:4C-15.1(a)).] These "four prongs are not 'discrete and separate,' but ... arising out of the parental relationship [that is] cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2)." Id. at 380-81. "The second ... harm in itself. Id. at 354. "The third prong of N.J.S.A. 30:4C-15.1(a) requires the Division to make reasonable efforts to provide ... home." R.G. , supra , 217 N.J. at 557 (citing N.J.S.A. 30:4C-15.1(a)(3)). The emphasis on the third prong is ...

docket:	a5186-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	unpublished
citation:
Document Size:	35188

206 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.J.T. -- rank: 637

... CONSIDER ALTERNATIVES TO TERMINATION OF PARENTAL RIGHTS AS REQUIRED BY N.J.S.A. 30:4C-15.1(a)(3). (D) DYFS SHOULD NOT HAVE PREVAILED ON PRONG ... 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 under the first prong must ... 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 care. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N.J. ...

docket:	a4579-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-23
status:	unpublished
citation:
Document Size:	86847

207 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.D.,1 and T.A., a/k/a B.F -- rank: 637

... four prongs of the 'best interests' test set forth in N.J.S.A. 30:4C- -15.1(a).' N. J. Div. of Child Prot. & Permanency v. D ... N.J.S.A. 30:4C- A-3548-22 2 N.J.S.A. 30:4C-15.1(a); N. J. Div. of Child Prot. & Permanency, v. N ... part of the third prong and the fourth prong under N.J.S.A. 30:4C-15.1(a)(3)-(4). Having considered the arguments in light of ... the delay of permanent placement will add to the harm,' N.J.S.A. 30:4C-15.1(a)(2); and the first part of prong three is ... which led to the child's placement outside the home . . . .' N.J.S.A. 30:4C-15.1(a)(3). A-3548-22 3 and subsequently, about a ... and (4) [TPR] will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] Under the second part of the third prong, ...

docket:	a3548-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-27
status:	Unpublished
citation:
Document Size:	23160

208 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANANCY v. T.R.F. and K.L and K.W -- rank: 635

... contends the trial judge misapplied the 'best interests' statutory test, N.J.S.A. 30:4C-15.1(a), in view of recent statutory revisions codified in L ... respect to the first prong of the test codified in N.J.S.A. 30:4C-15.1, the judge found the children's health and development have ... the child's best interest to terminate parental rights. Specifically, N.J.S.A. 30:4C-15.1(a) requires the Division to prove four prongs by clear ... only one revision to the best-interests test codified in N.J.S.A. 30:4C-15.1. Specifically, the 2021 amendments deleted language from prong two that ... from their resource family parent would cause to the child. N.J.S.A. 30:4C-15.1(a)(2). Importantly for purposes of this appeal, prongs one ... does not alter the best-interests test set forth in N.J.S.A. 30:4C-15.1(a)(1) to (4). Had the Legislature intended to ...

docket:	a3950-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-27
status:	Unpublished
citation:
Document Size:	33809

209 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.B.G. -- rank: 635

... rights were terminated by a judgment of guardianship entered under N.J.S.A. 30:4C-15.1(a) following a trial. Anna and Allen appealed the guardianship ... relationship with her children endangered their safety, health or development, N.J.S.A. 30:4C- 15.1(a)(1), we stated: Anna was suffering from a substance ... eliminate the harms facing her children. Id. at 20; See N.J.S.A. 30:4C-15.1(a)(2). We stated: that the Division proved prong two ... provide services to the parents. Id. at 17-18; See N.J.S.A. 30:4C-15.1(a)(3). Anna was provided with multiple psychological evaluations, 'a ... do more harm than good. Id. at 19-21; See N.J.S.A. 30:4C-15.1(a). [T]he trial court's conclusion that termination of ...

docket:	a1061-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-15
status:	Unpublished
citation:
Document Size:	40506

210 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.H. -- rank: 635

... of the best-interests-of-the-child standard embodied in N.J.S.A. 30:4C-15.1(a). The Division and the Law Guardian disagree and argue ... or will continue to be endangered by the parental relationship[.]" N.J.S.A. 30:4C-15.1(a)(1). To satisfy this prong, the Division must show ... s conclusion that the Division established the second prong of N.J.S.A. 30:4C-15.1(a) with clear and convincing evidence. Linda and Gary's ... the court has considered alternatives to termination of parental rights[.]" N.J.S.A. 30:4C-15.1(a)(3). "[A]n evaluation of the efforts undertaken by ... and properly found the Division satisfied all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. To the extent we ...

docket:	a4749-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-15
status:	unpublished
citation:
Document Size:	39723