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31 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.Y.F. -- rank: 755

... prove the four prongs of the best interests standard of N.J.S.A. 30:4C-15.1(a)(1)-(4) by clear and convincing evidence. The Law ... the judge determined the Division proved all four prongs of N.J.S.A. 30:4C-15.1 by clear and convincing evidence and entered a judgment of ... The Trial Court Incorrectly Applied the Legal Principles Developed Under N.J.S.A. 30:4C-15.1(a)(1) and N.J.S.A. 30:4C-15.1(a)(2) to the Facts. Insufficient Evidence was Produced to ... Trial Court's Legal Conclusion that the Third Prong Of N.J.S.A. 30:4C-15.1(a)(3) was Satisfied at a Clear and Convincing Level ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). The statute provides that the Division must prove: ( ...

docket:	a4727-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-05
status:	unpublished
citation:
Document Size:	62636

32 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.A and M.A -- rank: 755

... §§ 5, 6, 7 and 8; and (5) amended N.J.S.A. 30:4C-15.1(a)(2), commonly referred to as prong two of the ... He stated that 'as of July 2nd of this year, N.J.S.A. 30:4C-15.1 was amended to reflect that the existence of a healthy ... prong two of the four-prong test set forth in N.J.S.A. 30:4C-15.1(a)(2). The attorneys representing DCPP and the child did ... The court concluded that DCPP had established each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The court found that ... than good. When reaching its decision, however, the court recited N.J.S.A. 30:4C- 15.1(a)(2) as if it had not been amended four ... is a nearly verbatim recitation of the language removed from N.J.S.A. 30:4C-15.1(a)(2) by L. 2021, c. 154, § 9 ...

docket:	a1222-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-27
status:	Unpublished
citation:
Document Size:	38577

33 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.P.T and J.R.W -- rank: 744

... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C-15.1(a). Based on those findings, the court determined the Division ... THE DIVISION] MET ITS BURDEN TO PROVE EACH ELEMENT OF N.J.S.A. 30:4C-15.1(a), AND THE JUDGMENT TERMINATING [DEFENDANT'S] PARENTAL RIGHTS TO ... only be granted if the following four prongs enumerated in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence: (1) The ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)(1)-(4).] 'The four criteria enumerated in the best ... J. at 348. '[T]he cornerstone of the inquiry [under N.J.S.A. 30:4C-15.1(a)] is not whether the biological parents are fit but ... court erred by finding the Division sustained its burden under N.J.S.A. 30:4C-15.1(a). The court conducted the required fact-sensitive analysis ...

docket:	a2976-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-16
status:	Unpublished
citation:
Document Size:	48745

34 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.D and T.A., a/k/a B.F -- rank: 742

... of L. 2021, c. 154, which amended certain aspects of N.J.S.A. 30:4C-15.1(a) and the Kinship Legal Guardianship Act (KLG Act), N ... that prong one and prong two of the termination statute, N.J.S.A. 30:4C-15.1, were met as J.D.'s safety, health, and development ... the court found the first part of prong three of N.J.S.A. 30:4C-15.1 was easily satisfied by the evidence, as the Division immediately ... made no significant changes to the best-interests analysis under N.J.S.A. 30:4C-15.1. Instead, the court reasoned the new legislation significantly changes prior ... of children. Id. at 280. That statutory standard, codified at N.J.S.A. 30:4C-15.1(a), states: a. The [D]ivision shall initiate a petition ... we briefly summarize the legislation and explain how it amended N.J.S.A. 30:4C-15.1(a). The court relied heavily upon the enactment's ...

docket:	a1321-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-25
status:	Unpublished
citation:
Document Size:	56851

35 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.L. -- rank: 742

... DYFS had not satisfied prongs one, two or four of N.J.S.A. 30:4C-15.1(a) as to defendant. R.L. , supra , 388 N.J ... DYFS had not proven prongs (1), (2), and (4) of N.J.S.A. 30:4C-15.1(a) as to defendant, and we therefore reversed the termination ... failed to meet its burden under the third prong of N.J.S.A. 30:4C-15.1(a), and held in abeyance his analysis of prongs two ... that the Division did not satisfy the necessary prongs of N.J.S.A. 30:4C-15.1(a)(1), (2) and (4), and reverse the order terminating ... In light of our holding that DYFS had not satisfied N.J.S.A. 30:4C-15.1(a)(1), (2) and (4), the question arises whether the ... It did so. Further, the trial court's consideration of N.J.S.A. 30:4C-15.1(a)(1), (2) and (4) did not violate the ...

docket:	a6311-07
court:	superior court appellate division
decided:	2011-02-07
status:	unpublished
citation:
Document Size:	119400

36 /usr/local/share/www/libweb/collections/courts/appellate/a2819-19.opn.html -- rank: 737

... of the best-interests-of-the-child standard embodied in N.J.S.A. 30:4C-15.1(a). Laura also argues the court erred by relying on ... 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 & Fam. Servs ... or will continue to be endangered by the parental relationship,' N.J.S.A. 30:4C-15.1(a)(1), and that defendants are ''unwilling or unable to ... K.H.O., 161 N.J. 337, 352 (1999) (quoting N.J.S.A. 30:4C-15.1(a)(2)), the judge noted, '[t]hroughout [the] litigation, [defendants ... most significant findings' on the first two prongs of the N.J.S.A. 30:4C-15.1 standard was that '[t]reatment [was] . . . provided to [defendants] based ... circumstances that led to the child[ren]'s removal,' see N.J.S.A. 30:4C- 15.1(a)(3), 'by providing a plethora of services to ...

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37 /usr/local/share/www/libweb/collections/courts/appellate/a3783-21.opn.html -- rank: 730

... that the statutory best interests cause of action codified at N.J.S.A. 30:4C-15.1(a) focuses on harmful parental conduct and does not provide ... 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 ... AT N.J.S.A. 30:4C- 15(c) AND N.J.S.A. 30:4C-15.1(a)(1) to (4), AND THE CONSISTENT JUDICIAL INTERPRETATION OF ... this appeal, the Legislature created a multi-part test. Specifically, N.J.S.A. 30:4C-15.1(a) requires the Division to prove four prongs by clear ... 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 ... separate and distinct from the best interests test articulated in N.J.S.A. 30:4C-15.1(a), the considerations of delay in achieving permanency, alternatives ...

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38 OF YOUTH AND FAMILY SERVICES,1 v. P.W. and E.M IN THE MATTER OF THE GUARDIANSHIP OF S.T.M. and Q.M -- rank: 728

... rights is in the best interests of their children. See N.J.S.A. 30:4C-15.1(a). In addition, Paula contends that the trial court erred ... convincing evidence, thereby satisfying the statutory standard set forth in N.J.S.A. 30:4C-15.1(a). The court noted that both children had been out ... the four prongs of the best interests test embodied in N.J.S.A. 30:4C-15.1, by clear and convincing evidence. We begin our discussion by ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "These standards are neither discrete nor separate. They overlap ... v. M.M. , 189 N.J. 261 , 281 (2007) (quoting N.J.S.A. 30:4C-15.1(a)(1)). "Rather than focusing on a single or isolated ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). As to the second prong, the trial ...

docket:	a5951-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-04
status:	unpublished
citation:
Document Size:	63164

39 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.H and D.L -- rank: 728

... prong of the statutory best interests of the child standard, N.J.S.A. 30:4C-15.1(a). Having reviewed the record and applicable law in light ... prong of the best interests of the child standard. See N.J.S.A. 30:4C- 15.1(a). The court ordered the termination of Alice's parental ... grant a petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence. In re ... s best interests.' Id. at 348. A-5488-18T3 16 N.J.S.A. 30:4C-15.1(a) requires the Division to prove: (1) The child's ... court's findings under the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are not supported by substantial credible evidence and the ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C- 15.1(a)(1). '[T]he Division must prove harm that ' ...

docket:	a5488-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Unpublished
citation:
Document Size:	59195

40 OF YOUTH AND FAMILY SERVICES,1 v. P.W. and E.M IN THE MATTER OF THE GUARDIANSHIP OF S.T.M. and Q.M -- rank: 728

... rights is in the best interests of their children. See N.J.S.A. 30:4C-15.1(a). In addition, Paula contends that the trial court erred ... convincing evidence, thereby satisfying the statutory standard set forth in N.J.S.A. 30:4C-15.1(a). The court noted that both children had been out ... the four prongs of the best interests test embodied in N.J.S.A. 30:4C-15.1, by clear and convincing evidence. We begin our discussion by ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "These standards are neither discrete nor separate. They overlap ... v. M.M. , 189 N.J. 261 , 281 (2007) (quoting N.J.S.A. 30:4C-15.1(a)(1)). "Rather than focusing on a single or isolated ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). As to the second prong, the trial ...

docket:	a5999-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-04
status:	unpublished
citation:
Document Size:	63164

41 /usr/local/share/www/libweb/collections/courts/appellate/a2762-12a2874-12a0437-13a0438-13.opn.html -- rank: 723

... of the best interests of the child test found in N.J.S.A. 30:4C-15.1. The judge opined that the parental relationship harmed Ann's ... prongs of the best interests of the child test. See N.J.S.A. 30:4C-15.1(a). They counter that the abuse and neglect finding was ... 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 overlap ... in defendants' care would endanger their health and development. See N.J.S.A. 30:4C-15.1(a)(1); N.J. Div. of Youth & Family Servs. v ... and "provide a safe and stable home for the child." N.J.S.A. 30:4C-15.1(a)(2). It also includes considerations of "whether the child ... cause the child "serious and enduring emotional or psychological harm[.]" N.J.S.A. 30:4C-15.1(a)(2); L.J.D. , supra , 428 N.J. ...

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42 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.A. and D.A., -- rank: 721

... best A-3287-20 21 interests of the child test, N.J.S.A. 30:4C-15.1(a). The judge determined Eve and Dan had 'shown little ... first prong of the best interests of the child test, N.J.S.A. 30:4C- 15.1(a), the judge found 'the Division has proven by clear ... prongs of the best interests of the child test under N.J.S.A. 30:4C-15.1(a). Eve separately argues ineffective assistance of counsel because her ... evaluation of the evidence under prongs three and four of N.J.S.A. 30:4C- 15.1(a), asserting the Division failed to adequately consider alternatives to ... at 10. Under the best interests of the child test, N.J.S.A. 30:4C-15.1(a),5 the Division must prove the following: 5 The ... statute on July 2, 2021, eliminating the second sentence of N.J.S.A. 30:4C-15.1(a)(2). However, the amendment took effect after the ...

docket:	a3287-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-01
status:	Unpublished
citation:
Document Size:	72829

43 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.M.F and R.J.W -- rank: 721

... Danny).1 Appellant argues none of the four prongs of N.J.S.A. 30:4C-15.1 were satisfied. The Division and Danny's law guardian contend ... its burden of proof as to all four prongs under N.J.S.A. 30:4C-15.1 by clear and convincing evidence. The court entered a judgment ... RELATIONSHIP UNDER THE FIRST PRONG OF THE 'BEST INTEREST' TEST, N.J.S.A. 30:4C-15.1(a)(1). POINT II THE TRIAL COURT ERRED IN CONCLUDING ... HARM UNDER THE SECOND PRONG OF THE BEST INTEREST TEST, N.J.S.A. 30:4C-15.1(a)(2). POINT III THE TRIAL COURT FAILED TO PROPERLY ... 3694-21 11 THIRD PRONG OF THE 'BEST INTEREST' TEST, N.J.S.A. 30:4C-15.1(a)(3). POINT IV THE TRIAL COURT ERRED IN FINDING ... GOOD UNDER THE FOURTH PRONG OF THE 'BEST INTEREST' TEST, N.J.S.A. 30:4C-15.1(a)(4). II. Our review of family court decisions ...

docket:	a3694-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-04
status:	Unpublished
citation:
Document Size:	51067

44 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.F., a/k/a R.H and I.W -- rank: 721

... the best-interests-of-the- child standard set forth in N.J.S.A. 30:4C-15.1(a). Based on those findings, Judge Forrest concluded the Division ... best-interests-of-the-child standard, as set forth in N.J.S.A. 30:4C-15.1(a)(4). On remand, Rae moved for relief from the ... only be granted if the following four prongs enumerated in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence: (1) The ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)(1)-(4).] 'The four criteria enumerated in the best ... J. at 348. '[T]he cornerstone of the inquiry [under N.J.S.A. 30:4C-15.1(a)] is not whether the biological parents are fit but ... the guardianship complaint was filed and this matter was tried, N.J.S.A. 30:4C-15.1(a)(2) also provided that '[s]uch harm may ...

docket:	a4266-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-03
status:	Unpublished
citation:
Document Size:	36754

45 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.W and G.R., JR -- rank: 721

... third statutory factors used in determining parental-rights termination petitions. N.J.S.A. 30:4C-15.1(a). He asserts the trial court's opinion is 'devoid ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C-15.1. N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and convincing ... his parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). We, therefore, examine the evidence that supports the ... it advanced at trial was the best interests standard under N.J.S.A. 30:4C- - 15.1(a). To establish prong one under that statute—'[t]he ... continue to be endangered [or harmed] by the parental relationship[,]' N.J.S.A. 30:4C-15.1(a)(1)—the Division 'must show that the ...

docket:	a1790-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-24
status:	Unpublished
citation:
Document Size:	34390