Search Rutgers Law Library N.J. Court Opinions

586 DIVISION OF 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:	a4697-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-29
status:	unpublished
citation:
Document Size:	41700

587 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.C. -- rank: 554

... 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 ... e)(1)(E). The fourth prong of the statutory test, N.J.S.A. 30:4C-15.1(a)(4), "serves as a fail-safe against termination even ...

docket:	a4767-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-24
status:	unpublished
citation:
Document Size:	33024

588 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:	a3654-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-04-01
status:	Published
citation:
Document Size:	34721

589 DIVISION OF YOUTH AND FAMILY SERVICES v. K.T.T. and W.R -- rank: 554

... 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, and ...

docket:	a3832-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	unpublished
citation:
Document Size:	53633

590 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.L. -- rank: 554

... N.J. 591 , 604-11 (1986), has been codified in N.J.S.A. 30:4C-15.1. Ibid. Thus, a court can terminate parental rights when the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The burden of proof in all guardianship cases is ... 344 N.J. Super. 418 , 434 (App. Div. 2001) (quoting N.J.S.A. 30:4C-15.1(a)(2)); (citing J.C. , supra , 129 N.J. at ... a trial court's determination that the four prongs of N.J.S.A. 30:4C-15.1 have been met in a termination case must not state ... the State's proof in meeting the four prongs under N.J.S.A. 30:4C-15.1 in any meaningful way. Additionally, some of the facts the ...

docket:	a3753-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-06
status:	unpublished
citation:
Document Size:	32553

591 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.D IN THE MATTER OF THE GUARDIANSHIP OF K.J.B JR a Minor -- rank: 554

... judge found that the Division proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. 1 Under prong one ... and conclusions as to the first and third prongs of N.J.S.A. 30:4C-15.1(a). She argues that the evidence did not establish the ... incongruity requires reversal of the judgment. The four prongs of N.J.S.A. 30:4C-15.1(a) "are not discrete and separate, but relate to and ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). "The question ultimately is not whether a biological ... in the judge's conclusion that the fourth prong of N.J.S.A. 30:4C-15.1(a) was proven by clear and convincing evidence. Affirmed. 1 N.J.S.A. 30:4C-15.1(a) provides that parental rights may be terminated when: ( ...

docket:	a0527-14
court:	NJ Superior Court Appellate Division
decided:	2015-06-03
status:	unpublished
citation:
Document Size:	37802

592 DIVISION OF YOUTH AND FAMILY SERVICES v. C.C. -- rank: 554

... evidence the four statutory standards, or prongs, set forth in N.J.S.A. 30:4C-15.1 and entered an order terminating C.C.'s parental rights ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] D.Y.F.S. must prove each of the ... disruption of her bond with foster parents, this will satisfy N.J.S.A . 30:4C-15.1(a)(2)." Id. at 363. "[T] he two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related to one another, and ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c)] Defendant contends that D.Y.F.S. failed to ...

docket:	a6232-05
court:	njappellate
decided:	2007-01-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	69670

593 /usr/local/share/www/libweb/collections/courts/appellate/a2623-16a2624-16.opn.html -- rank: 554

... 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 ... not make necessary findings concerning all elements of prong three, N.J.S.A. 30:4C-15.1(a)(3), and specifically whether kinship legal guardianship ('KLG') is ... court concluded that the Division satisfied all four prongs of N.J.S.A. 30:4C- 15.1(a) clearly and convincingly. As to prong three, the court ... statutory best-interests- of-the-child standard, set forth in N.J.S.A. 30:4C-15.1(a), 'aims to achieve the appropriate balance between parental rights ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The third prong of the best-interests-of-the ... court consider alternatives to the termination of parental rights. See N.J.S.A. 30:4C-15.1(a)(3). Under prong three, an alternative to termination ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	23487

594 DIVISION OF YOUTH AND FAMILY SERVICES v. K.T.T. and W.R -- rank: 554

... 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, and ...

docket:	a4177-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	unpublished
citation:
Document Size:	52899

595 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.S.C. -- rank: 554

... four-prong test for termination of parental rights, codified in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Judge White stated her ... N.J. 591 , 604-10 (1986), and subsequently codified in N.J.S.A. 30:4C-15.1(a), requires the State to satisfy the following four-part ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). The Division need not "concentrate on a single ... court must have considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3) (emphasis added). The Supreme Court has held that ... the court must consider "alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). This involves placement with relatives. The Division has ... will benefit the child more than it harms the child. N.J.S.A. 30:4C-15.1(a)(4). The Court has recognized that "not all ...

docket:	a5950-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-14
status:	unpublished
citation:
Document Size:	42329

596 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.R and Q.J. -- rank: 552

... prong of the statutory best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a), was insufficient. He also presents the following three arguments ... 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 ... A-0309-21 10 A. 'The first two prongs [of N.J.S.A. 30:4C-15.1(a)] . . . are 'the two components of the harm requirement' and ... warrant discussion. R. 2:11-3(e)(1)(E). B. N.J.S.A. 30:4C-15.1(a)(3) requires the Division to make 'reasonable efforts to ...

docket:	a0309-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-03
status:	Unpublished
citation:
Document Size:	36242

597 New jersey division of youth AND family services v. G.S and N.T. -- rank: 552

... her conclusion that the Division satisfied all four prongs of N.J.S.A. 30:4C-15.1(a), the statute that establishes the standards for termination of ... be reversed because DYFS failed to satisfy the requirements of N.J.S.A. 30:4C-15.1(a) and because his due process rights were violated when ... termination case, as articulated in A.W. and codified in N.J.S.A. 30:4C-15.1(a). The statute authorizes a court to terminate parental rights ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four statutory criteria are "not discrete and separate ... s parental rights. Her opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with K.H.O. , supra , 161 N.J ...

docket:	a1685-09
court:	superior court appellate division
decided:	2010-12-28
status:	unpublished
citation:
Document Size:	32351

598 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.R.M. -- rank: 552

... N.J. 591 , 604-10 (l986), and as codified in N.J.S.A. 30:4C-15.1. The determination was memorialized in a judgment of guardianship, and ... Div. 2001) . Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires DFYS to prove: (1) The child's safety ... circumstances that caused the harm and consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). It is undisputed that DYFS provided both parents ...

docket:	a1034-09
court:	superior court appellate division
decided:	2010-10-01
status:	unpublished
citation:
Document Size:	54637

599 /usr/local/share/www/libweb/collections/courts/appellate/a3884-15a3885-15.opn.html -- rank: 552

... with regard to the first prong of the test under N.J.S.A. 30:4C-15.1(a). Dr. Hiscox testified for the Division, and emphasized his ... issued his decision. With regards to the first prong of N.J.S.A. 30:4C-15.1(a), the judge stated, this Court really does not need ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] These four prongs 'relate to and overlap with one ... and development resulting from the parental relationship.' Id. at 348; N.J.S.A. 30:4C- 15.1(a)(1). Defendants argue the trial court erred in applying ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	54325

600 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.A.M. -- rank: 552

... four of the statutory best- interests-of-the-child test, N.J.S.A. 30:4C-15.1(a). Those portions of the statute require that the Division ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)(2)-(4).] The Division's proof as to all ... its burden of proof as to all four prongs of N.J.S.A. 30:4C-15.1(a) and entered the judgment of guardianship. This appeal followed ... the court to 'consider[] alternatives to termination of parental rights[.]' N.J.S.A. 30:4C-15.1(a)(3). Such alternatives may include placement of the child ... determine that termination 'will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). It serves as a ''fail-safe' inquiry guarding ...

docket:	a1190-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-19
status:	Unpublished
citation:
Document Size:	26350