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571 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.G. -- rank: 556

... the statutory "best interests of the child" test pursuant to N.J.S.A. 30:4C-15.1(a) and thus terminated K.C.'s and M.G ... N.C. Specifically with regard to the statutory requirements of N.J.S.A. 30:4C-15.1, the judge found: It is . . . clear and convincing to me ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." F.M. , supra , 211 N.J. at 447. The ... 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 ... home." F.M. , supra , 211 N.J. at 452 (quoting N.J.S.A. 30:4C-15.1(a)(3)). The court must consider what steps the Division ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(d). The fourth prong "is a 'fail-safe' ...

docket:	a5241-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-03
status:	unpublished
citation:
Document Size:	40032

572 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.K.H. -- rank: 556

... prove by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1. Additionally, Cynthia argues that her due process rights were violated ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." N.J. Div. of Youth and Family Servs. v ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] See also In re Guardianship of K.H.O ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). The inquiry is "whether that parent can raise ... not make reasonable efforts to contact him throughout the litigation. N.J.S.A. 30:4C-15.1(c) defines "reasonable efforts," as actions by the Division "to ...

docket:	a2364-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-19
status:	unpublished
citation:
Document Size:	60965

573 /usr/local/share/www/libweb/collections/courts/appellate/a2271-19.opn.html -- rank: 556

... satisfied all four prongs of the test set forth in N.J.S.A. 30:4C-15.1(a), justifying termination of J.A.'s parental rights. We ... DCPP CARRIED ITS CLEAR AND CONVINCING BURDEN OF PROOF UNDER N.J.S.A. 30:4C- 15.1(a). A. THE TRIAL COURT ERRED IN FINDING PRONG THREE ... 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 ... K.H.O., 161 N.J. 337, 347-48 (1999). N.J.S.A. 30:4C-15.1(a) requires the Division to prove: (1) The child's ... re Guardianship of DMH, 161 N.J. 365, 390 (1999). N.J.S.A. 30:4C-15.1(c) defines reasonable efforts as those reasonable 'attempts by an ... will not do more harm than good to the children. N.J.S.A. 30:4C-15.1(a)(4). This prong does not require a showing ...

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574 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.G. -- rank: 556

... the statutory "best interests of the child" test pursuant to N.J.S.A. 30:4C-15.1(a) and thus terminated K.C.'s and M.G ... N.C. Specifically with regard to the statutory requirements of N.J.S.A. 30:4C-15.1, the judge found: It is . . . clear and convincing to me ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." F.M. , supra , 211 N.J. at 447. The ... 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 ... home." F.M. , supra , 211 N.J. at 452 (quoting N.J.S.A. 30:4C-15.1(a)(3)). The court must consider what steps the Division ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(d). The fourth prong "is a 'fail-safe' ...

docket:	a5240-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-03
status:	unpublished
citation:
Document Size:	40032

575 OF CHILD PROTECTION AND PERMANENCY v. E.T and R.N -- rank: 554

... best interests of the children warranted termination of parental rights. N.J.S.A. 30:4C-15.1(a). Defendant also argues his trial counsel provided ineffective assistance ... 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 ... being, despite the Division's best efforts to achieve reunification. N.J.S.A. 30:4C-15.1(a) (1), (2), (3); see also KHO , supra , 161 N ... totality of these proofs clearly and convincingly satisfies prong four. N.J.S.A. 30:4C-15.1(a)(4). Defendant next argues he was deprived effective assistance ...

docket:	a5184-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-26
status:	Published
citation:
Document Size:	38077

576 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.T. -- rank: 554

... Johnson, Jr., addressed the standards governing termination of parental rights, N.J.S.A. 30:4C-15.1(a)(1) to (4), as well as pertinent case law ... Johnson reviewed the four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), and determined that termination of defendant's parental rights ... K.H.O. , 161 N.J. 337 , 347 (1999). Under N.J.S.A. 30:4C-15.1(a), the Division can initiate a petition to terminate parental ...

docket:	a6052-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-14
status:	unpublished
citation:
Document Size:	43531

577 /usr/local/share/www/libweb/collections/courts/supreme/a0587-16.opn.html -- rank: 554

... Protection and Permanency ("Division") satisfied the best-interests test under N.J.S.A. 30:4C-15.1(a). We affirm. 1 I. The trial court's oral ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] A. We first address whether the Division presented clear ... harm facing the child" stemming from her mental health issues. N.J.S.A. 30:4C-15.1(a)(2). Further, "proof of the abuse or neglect of ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). The trial court found the Division made reasonable ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Prong four "serves as a fail-safe against ...

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court:	NJ Superior Court Law/Chancery Division
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578 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.L.U. -- rank: 554

... and Permanency (Division) established the statutory prerequisites for termination under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We affirm. Arnold was ... satisfied its burden of proof on all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We discern the following ... concluded the Division established all four prongs set forth in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The court found that ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)] The "four prongs are not 'discrete and separate,' but ... factual and legal findings with respect to each prong of N.J.S.A. 30:4C-15.1(a), and determined the Division met each prong by clear ...

docket:	a2087-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-28
status:	unpublished
citation:
Document Size:	39622

579 DCPP VS. J.B. AND C.R., IN THE MATTER OF C.D.R., ET AL. -- rank: 554

... convincing evidence all four prongs of the statutory test in N.J.S.A. 30:4C-15.1(a). The court then ordered the termination of Juliet's ... 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 ... each of the four prongs of the statutory test in N.J.S.A. 30:4C-15.1(a). We address them in turn. Under prong one, the ...

docket:	a0047-22a0048-22a2073-22
court:	appellate
decided:	2024-06-26
status:	Unpublished
citation:
Document Size:	63093

580 DIVISION OF YOUTH AND FAMILY SERVICES v. A.K IN THE MATTER OF THE GUARDIANSHIP OF L.O., a minor -- rank: 554

... 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. at ... the family of the child's progress, and visitation facilitation. N.J.S.A. 30:4C-15.1(c). Those efforts depend upon the facts and circumstances ...

docket:	a4419-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-18
status:	unpublished
citation:
Document Size:	81185

581 DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J IN THE MATTER OF THE GUARDIANSHIP OF A.Y. and R.T minors -- rank: 554

... of the "best interests of the child" test, codified at N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence before parental rights can ... 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 ... Viewing the "best interests" test in light of amendments to N.J.S.A. 30:4C-15.1, which conform our statutes to the mandates of the Federal ... 44; A.G. , supra , 344 N.J. Super. at 440; N.J.S.A. 30:4C-15.1(a)(1). We reject C.J.'s arguments and conclude ...

docket:	a1752-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-02
status:	unpublished
citation:
Document Size:	44546

582 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.K. -- rank: 554

... prove by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a). We have considered these arguments in light of the ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." N.J. Div. of Youth and Family Services v ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also In re Guardianship of K.H.O ... in the child's permanent placement will cause further harm. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is to determine ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Mary argues that the Division did not provide ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The fourth prong often poses the most ...

docket:	a0188-13
court:	NJ Superior Court Appellate Division
decided:	2014-04-24
status:	unpublished
citation:
Document Size:	44218

583 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.A.M. -- rank: 554

... satisfy the four prongs of the best interest test in N.J.S.A. 30:4C-15.1(a). After considering all of defendant's arguments we conclude ... decision concluding that the Division satisfied the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, and ordered the termination ... judgment of guardianship. His opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with In re Guardianship of K.H.O ...

docket:	a0115-15
court:	NJ Superior Court Appellate Division
decided:	2016-04-29
status:	unpublished
citation:
Document Size:	18636

584 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.C. -- rank: 554

... trial court's termination of their parental rights pursuant to N.J.S.A. 30:4C-15.1(a). Guardianship of defendants' two children was awarded to the ... four-prong test for termination of parental rights enunciated in N.J.S.A. 30:4C-15.1(a)(1), (2), (3) and (4), and specifically, that neither ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1), (2), (3), and (4).] Our task is to ... and provide a safe and stable home for the child. N.J.S.A. 30:4C-15.1(a)(2). It is noteworthy that even I.C.'s ... prong, that termination will not do more harm than good, N.J.S.A. 30:4C-15.1(a)(4), defendants object that the trial court applied an ...

docket:	a3660-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-04-01
status:	Published
citation:
Document Size:	34721

585 DIVISIONOF YOUTH AND FAMILY SERVICES v. C.A.H., SR. and S.H IN THE MATTER OF THE GUARDIANSHIP OF C.A.H., JR., a minor -- rank: 554

... PROVE THE FOUR PRONGS OF THE BEST-INTEREST TEST OF N.J.S.A. 30:4c-15.1(a) BY CLEAR AND CONVINCING EVIDENCE. A. PRONG I WAS ... by clear and convincing evidence, all four statutory prongs under N.J.S.A. 30:4C-15.1(a), and that neither Carl nor Susan could become fit ... remiss in not facilitating sufficient visits as required by statute. N.J.S.A. 30:4C-15.1(c)(4) ; N.J.A.C. 10:122D-1.1 ...

docket:	a4698-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-29
status:	unpublished
citation:
Document Size:	41699