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211 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, v. M.O., -- rank: 635

... IN CONCLUDING THAT [THE DIVISION] PROVED ALL FOUR PRONGS OF N.J.S.A. 30:4C-15.1(A) BY CLEAR AND CONVINCING EVIDENCE AS THE [JUDGE] RELIED ... ERRED IN RULING THAT [THE DIVISION] PROVED PRONG ONE OF N.J.S.A. 30:4C-15.1(A) BY CLEAR AND CONVINCING EVIDENCE AS THERE WAS NOT ... AND STABLE HOME FOR THE CHILDREN UNDER PRONG TWO OF N.J.S.A. 30:4C-15.1(A) AS [THE DIVISION] EXPERT REPORTS ALL STATED [THE MOTHER ... ERRED IN RULING THAT [THE DIVISION] PROVED PRONG FOUR OF N.J.S.A. 30:4C-15.1(A) BY CLEAR AND CONVINCING EVIDENCE AS THE [JUDGE] LOOKED ... best interest to terminate parental rights. To secure parental termination, N.J.S.A. 30:4C-15.1(a) requires the Division to prove by clear and convincing ... 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:	a3664-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-21
status:	Unpublished
citation:
Document Size:	21904

212 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENECY v. S.H. and J.H. -- rank: 635

... 1:38-3(d)(12). A-3322-21 2 See N.J.S.A. 30:4C-15.1(a). Sarah and James also argue the Division's expert ... of the 'best-interests-of-the-child [test]' codified by N.J.S.A. 30:4C-15.1(a). M.M., 189 N.J. at 280. The statutory ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] These prongs 'are not discrete and separate,' but rather ... to the child.' See L. 2021, c. 154, § 9; N.J.S.A. 30:4C-15.1(a)(2). Accordingly, any harm a child might suffer by ... alternatives to termination of parental rights.'' Id. at 286 (quoting N.J.S.A. 30:4C-15.1(a)(3)). 'Reasonable efforts depend on the facts and circumstances ... circumstances' that led to Alice's 'placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3). Sarah's contention that the virtual visitations ...

docket:	a3322-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-15
status:	Unpublished
citation:
Document Size:	61226

213 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.F. -- rank: 635

... of parental rights under each of the four prongs of N.J.S.A. 30:4C-15.1(a)(1) to (4). In particular, Rose argues the court ... Rita as an alternative to termination of parental rights. See N.J.S.A. 30:4C-15.1(a)(3). She also argues the court gave too much ... meet its burden on each of the four prongs of N.J.S.A. 30:4C-15.1. II. In an action to terminate parental rights, the Division ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four, often overlapping elements, "provide a comprehensive standard ... evidence of harm arising out of the parent-child relationship. N.J.S.A. 30:4C-15.1(a)(1); see K.H.O. , supra , 161 N.J ... parents also supports the court's prong two decision. See N.J.S.A. 30:4C-15.1(a)(2) (stating harm "may include evidence that separating ...

docket:	a1348-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-26
status:	unpublished
citation:
Document Size:	48896

214 DIVISION OF YOUTH AND FAMILY SERVICES,1 v. L.M. and P.T IN THE MATTER OF THE GUARDIANSHIP OF M.M., N.M., and S.M -- rank: 633

... the four prongs of the best interests test, contained in N.J.S.A. 30:4C-15.1(a), as to both defendants. The judge addressed the proofs ... 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 ... children based upon the "law of the case." We disagree. N.J.S.A. 30:4C-15.1(a)(1) requires that DYFS prove by clear and convincing ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). The Division made efforts to find appropriate placements ... her Individualized Education Program (IEP), and her medical records. Under N.J.S.A. 30:4C-15.1(c), the Division had an obligation to inform Peter "at ... s . . . problems." Had the Division complied with the provisions of N.J.S.A. 30:4C-15.1(c)(3), Peter would have been given the opportunity ...

docket:	a1933-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-02-12
status:	Published
citation:
Document Size:	65895

215 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 633

... s (Division) proofs under the best interests test, defined in N.J.S.A. 30:4C-15.1(a). The Division and Law Guardian disagree and argue there ... s proofs under each of the four prongs delineated in N.J.S.A. 30:4C-15.1(a), 11 and concluded the Division had carried its burden ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The process for terminating parental rights is a difficult ... decision. The judge's opinion tracked the statutory requirements of N.J.S.A. 30:4C-15.1(a). In addition, the judge's decision accords with K ... 417 N.J. Super. 228 , 244 (App. Div. 2010) (quoting N.J.S.A. 30:4C-15.1(a)(2)), certif. denied sub nom. N.J. Dep't ... efforts to provide appropriate services and consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). Title 30 defines "reasonable efforts" as attempts ...

docket:	a4099-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	60323

216 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.M.T. -- rank: 633

... statutory test for termination by clear and convincing evidence. See N.J.S.A. 30:4C-15.1(a). As to the first prong, he stated that Ann ... s clear and convincing finding on prong one of the N.J.S.A. 30:4C-15.1(a) test was not adequately supported. A. [Ann]'s past ... s clear and convincing findings on prong two of the N.J.S.A. 30:4C-15.1(a) test were not adequately supported. A. [Ann] cannot be ... on the two sub-parts of prong three of the N.J.S.A. 30:4C-15.1(a) test, the reasonable efforts requirement and the requirement to ... s clear and convincing finding on prong four of the N.J.S.A. 30:4C 15.1(a) test, that termination will not do more harm than ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four statutory factors are not "discrete and ...

docket:	a5333-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-28
status:	unpublished
citation:
Document Size:	53525

217 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.C.R., SR. -- rank: 633

... best interests of the child warranted termination of parental rights. N.J.S.A. 30:4C-15.1(a). We disagree and affirm. During the November 13, 2015 ... 103 N.J. at 604-11, is now codified in N.J.S.A. 30:4C-15.1(a), and requires the State establish each of the following ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria are not discreet and separate, but ... be reversed because the judge found no physical harm. See N.J.S.A. 30:4C-15.1(a)(1), (2). The claim lacks merit. "The absence of ... and an available alternative to termination of parental rights. See N.J.S.A. 30:4C-15.1(a)(3). The record belies this assertion. The great-grandmother ... v. P.P. , 180 N.J. 494 , 507 (2004) (quoting N.J.S.A. 30:4C-15.1(a)(2)). He found further delay harmed the child, ...

docket:	a1374-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-17
status:	unpublished
citation:
Document Size:	42920

218 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 633

... s (Division) proofs under the best interests test, defined in N.J.S.A. 30:4C-15.1(a). The Division and Law Guardian disagree and argue there ... s proofs under each of the four prongs delineated in N.J.S.A. 30:4C-15.1(a), 11 and concluded the Division had carried its burden ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The process for terminating parental rights is a difficult ... decision. The judge's opinion tracked the statutory requirements of N.J.S.A. 30:4C-15.1(a). In addition, the judge's decision accords with K ... 417 N.J. Super. 228 , 244 (App. Div. 2010) (quoting N.J.S.A. 30:4C-15.1(a)(2)), certif. denied sub nom. N.J. Dep't ... efforts to provide appropriate services and consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). Title 30 defines "reasonable efforts" as attempts ...

docket:	a4100-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	60323

219 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.S and T.C -- rank: 633

... demonstrate by clear and convincing evidence the four prongs of N.J.S.A. 30:4C-15.1(a). The law guardian supports termination and urges us to ... 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 ... which led to the child's placement outside the home.' 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). The record must also establish 'the court has considered alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). Under the fourth prong, the Division must ...

docket:	a1373-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-25
status:	Unpublished
citation:
Document Size:	40251

220 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 633

... s (Division) proofs under the best interests test, defined in N.J.S.A. 30:4C-15.1(a). The Division and Law Guardian disagree and argue there ... s proofs under each of the four prongs delineated in N.J.S.A. 30:4C-15.1(a), 11 and concluded the Division had carried its burden ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The process for terminating parental rights is a difficult ... decision. The judge's opinion tracked the statutory requirements of N.J.S.A. 30:4C-15.1(a). In addition, the judge's decision accords with K ... 417 N.J. Super. 228 , 244 (App. Div. 2010) (quoting N.J.S.A. 30:4C-15.1(a)(2)), certif. denied sub nom. N.J. Dep't ... efforts to provide appropriate services and consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). Title 30 defines "reasonable efforts" as attempts ...

docket:	a4102-13
court:	superior court trial
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	60218

221 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. W.P. -- rank: 633

... the trial court's findings that the four prongs of N.J.S.A. 30:4C-15.1 were met[,]" and that the trial judge erred in his ... 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 ... evidence of harm arising out of the parent-child relationship. N.J.S.A. 30:4C-15.1(a)(1); see K.H.O. , supra , 161 N.J ... to his children's placement outside the home. We disagree. N.J.S.A. 30:4C-15.1(c) defines "reasonable efforts," which consist of actions by the ... that the court consider "alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Defendant argues that Judge Porto failed to consider ... when 'adoption of the child is neither feasible not likely.' N.J.S.A. 30:4C:15.1(3)(b)"). Eden was also not a viable candidate ...

docket:	a4052-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-03
status:	unpublished
citation:
Document Size:	47635

222 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.G. -- rank: 633

... made factual findings supporting each of the four prongs of N.J.S.A. 30:4C-15.1(a)(1) through (4), supporting his conclusion to terminate K ... at 274. Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires the Division to prove: (1) The child's ... health or development has been endangered by the parental relationship, N.J.S.A. 30:4C-15.1(a)(1), and third prong, requiring the Division to make ... in correcting or eliminating the circumstances that caused the harm, N.J.S.A. 30:4C-15.1(a)(3). We conclude these prongs were sufficiently supported by ... had initially endangered the child's health, safety and development. N.J.S.A. 30:4C-15.1(a)(2). The question is whether the parent can become ... by a "delay of permanent placement" is also a consideration. N.J.S.A. 30:4C-15.1(a)(2). When trial commenced, T.S. had examined ...

docket:	a5903-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-25
status:
citation:	417 N.J.Super. 228 9 A.3d 582
Document Size:	64959

223 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 633

... s (Division) proofs under the best interests test, defined in N.J.S.A. 30:4C-15.1(a). The Division and Law Guardian disagree and argue there ... s proofs under each of the four prongs delineated in N.J.S.A. 30:4C-15.1(a), 11 and concluded the Division had carried its burden ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The process for terminating parental rights is a difficult ... decision. The judge's opinion tracked the statutory requirements of N.J.S.A. 30:4C-15.1(a). In addition, the judge's decision accords with K ... 417 N.J. Super. 228 , 244 (App. Div. 2010) (quoting N.J.S.A. 30:4C-15.1(a)(2)), certif. denied sub nom. N.J. Dep't ... efforts to provide appropriate services and consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). Title 30 defines "reasonable efforts" as attempts ...

docket:	a4101-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	60348

224 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.S. -- rank: 633

... made factual findings supporting each of the four prongs of N.J.S.A. 30:4C-15.1(a)(1) through (4), supporting his conclusion to terminate K ... at 274. Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires the Division to prove: (1) The child's ... health or development has been endangered by the parental relationship, N.J.S.A. 30:4C-15.1(a)(1), and third prong, requiring the Division to make ... in correcting or eliminating the circumstances that caused the harm, N.J.S.A. 30:4C-15.1(a)(3). We conclude these prongs were sufficiently supported by ... had initially endangered the child's health, safety and development. N.J.S.A. 30:4C-15.1(a)(2). The question is whether the parent can become ... by a "delay of permanent placement" is also a consideration. N.J.S.A. 30:4C-15.1(a)(2). When trial commenced, T.S. had examined ...

docket:	a5902-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-25
status:
citation:
Document Size:	64795

225 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.B and C.N -- rank: 631

... its statutory burden under the four-prong best interests test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. The Division established Cynthia ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- -15.1(a) A-3194-21 3 requires the Division prove by ... enacted L. 2021 c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read '[s]uch harm may include evidence ... 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 ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The Division can establish the second prong by ... 2) the court 'considered alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). Cynthia does not challenge the judge's ...

docket:	a3194-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-15
status:	Unpublished
citation:
Document Size:	29945