Search Rutgers Law Library N.J. Court Opinions

601 DIVISION OF CHILD PROTECTION AND PERMANENCY v. H.D.C. -- rank: 552

... termination is in Tara's best interest, as defined in N.J.S.A. 30:4C-15.1(a)(1)-(4). Accordingly, we remand for further proceedings in ... 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; they ...

docket:	a3788-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-28
status:	unpublished
citation:
Document Size:	64247

602 /usr/local/share/www/libweb/collections/courts/appellate/a1961-15a2713-16.opn.html -- rank: 552

... applying the four- prong best interests of the child test, N.J.S.A. 30:4C-15.1(a)(1)- (4), issued a thirty-eight page written decision3 ... one, continued endangerment of the child's safety and health, N.J.S.A. 30:4C-15.1(a)(1), the judge stated 'the Division has unquestionably demonstrated ... facing the child or provide a safe and stable home, N.J.S.A. 30:4C-15.1(a)(2), the judge credited the testimony of the Division ... daughter's harm and if it considered alternatives to termination, N.J.S.A. 30:4C-15.1(a)(3), the judge determined that the evidence demonstrated the ... will termination of parental rights do more harm than good, N.J.S.A. 30:4C-15.1(a)(4), the judge agreed with Dyer's testimony that ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	14137

603 DYFS v. H.L.D. -- rank: 552

... 103 N.J. 591 , 604-10 (1986), and codified in N.J.S.A. 30:4C-15.1(a). The determination was memorialized in a judgment of guardianship ... Div. 2001) . Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires DYFS to prove: (1) The child's safety ... that caused the harm and to consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). The judge found DYFS had shown by clear ... parents' challenge to this prong. "Reasonable efforts" are defined in N.J.S.A. 30:4C-15.1(c) as including, but not limited to: 1) consulting and ...

docket:	a0059-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-12
status:	unpublished
citation:
Document Size:	44418

604 NEW JERSEY DIVISON OF YOUTH AND FAMILY SERVICES v. L.A.G. -- rank: 552

... the four criteria for terminating parental rights set forth in N.J.S.A. 30:4C-15.1(a). We agree with the trial judge that DYFS clearly ... AND CONVINCING PROOF SUFFICIENT TO SATISFY THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a). A. There Is No Evidence That L.S. Harmed ... J. at 605). When seeking termination of parental rights under N.J.S.A. 30:4C-15.1(a), DYFS has the burden of establishing the following standards ... endangered her children's safety, health, or development. In addressing N.J.S.A. 30:4C-15.1(a)(1), Judge Guadagno cited L.S.'s pattern of ... legal conclusions. His opinion comprehensively analyzed the statutory requirements of N.J.S.A. 30:4C-15.1(a) and was amply supported by clear and convincing evidence ...

docket:	a4068-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-10
status:	unpublished
citation:
Document Size:	45633

605 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.D. -- rank: 552

... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination when the Division proves ... 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 ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is to determine ... or her circumstances, and to consider alternatives to parental termination. N.J.S.A. 30:4C-15.1(a)(3). A court evaluates on an individual basis the ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). The question is "whether a child's interest ...

docket:	a4814-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	43369

606 DIVISION OF YOUTH AND FAMILY SERVICES v. N.B IN THE MATTER OF THE GUARDIANSHIP OF T.S.C.G -- rank: 552

... 103 N.J. 591 , 604-10 (l986), as codified in N.J.S.A. 30:4C-15.1(a). As to the first prong, the judge found Tanya ... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination when the Division proves ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These criteria are neither separate nor discrete. In re ...

docket:	a0232-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-16
status:	unpublished
citation:
Document Size:	80877

607 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.R.C. -- rank: 552

... not prove three of the four required statutory elements of N.J.S.A. 30:4C-15.1(a). 3 The law guardian appointed to represent the interests ... concedes only that the Division proved the first prong of N.J.S.A. 30:4C-15.1(a) and disputes that the proofs on the last three ... v. P.P. , 180 N.J. 494 , 507 (2004) (quoting N.J.S.A. 30:4C-15.1(a)(2)). The record supports a finding that more delay ... must also have "considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). This prong "contemplates efforts that focus on reunification ... is available, kinship legal guardianship is not a defense under N.J.S.A. 30:4C-15.1(a)(3) to termination of parental rights. P.P. , supra ... s conclusion that the Division proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. There was no ...

docket:	a5067-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-16
status:	unpublished
citation:
Document Size:	40491

608 NEW JERSEY DIVISION OF CHILD PROTECTION and PERMANENCY v. R.L Sr. -- rank: 552

... Div. 2006), certif. denied , 190 N.J. 257 (2007). Under N.J.S.A. 30:4C-15.1(a), the following standards must be met by clear and ... 605). III The court found that all four prongs of N.J.S.A. 30:4C-15.1 were met. Prongs one and two were met because the ... that the Division failed to prove the fourth prong of N.J.S.A. 30:4C-15.1(a), that the termination of parental rights will not do ... the court's finding that the Division satisfied prong four, N.J.S.A. 30:4C-15.1(a)(4), because the mother was highly unlikely to become ... daughter's death. The mother never requested such a program. N.J.S.A. 30:4C-15.1(a)(3) requires the Division to make "reasonable" efforts to ...

docket:	a5300-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-02
status:	unpublished
citation:
Document Size:	45467

609 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.D. -- 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:	a1036-09
court:	superior court appellate division
decided:	2010-10-01
status:	unpublished
citation:
Document Size:	54664

610 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.D. -- rank: 552

... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination when the Division proves ... 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 ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is to determine ... or her circumstances, and to consider alternatives to parental termination. N.J.S.A. 30:4C-15.1(a)(3). A court evaluates on an individual basis the ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). The question is "whether a child's interest ...

docket:	a4861-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-16
status:	unpublished
citation:
Document Size:	43369

611 DYFS v. H.L.D. -- rank: 552

... 103 N.J. 591 , 604-10 (1986), and codified in N.J.S.A. 30:4C-15.1(a). The determination was memorialized in a judgment of guardianship ... Div. 2001) . Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires DYFS to prove: (1) The child's safety ... that caused the harm and to consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). The judge found DYFS had shown by clear ... parents' challenge to this prong. "Reasonable efforts" are defined in N.J.S.A. 30:4C-15.1(c) as including, but not limited to: 1) consulting and ...

docket:	a0060-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-12
status:	unpublished
citation:
Document Size:	44418

612 NEW JERSEY DIVISION CHILD PROTECTION AND PERMANENCY v. L.A.J. -- rank: 552

... to the first prong of the test set forth in N.J.S.A. 30:4C-15.1(a), the judge concluded that the Division met its burden ... 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 ...

docket:	a1581-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-22
status:	unpublished
citation:
Document Size:	46252

613 DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.R. -- rank: 552

... under each prong of the best interests test, codified at N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. In reviewing a decision ... 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 ... 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 ... is not prima facie evidence of neglect or abuse under N.J.S.A. 30:4C-15.1(a), and relies on New Jersey Division of Youth & Family ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). That harm may include evidence that separating the ... the court [will] consider[] alternatives to termination of parental rights[.]" N.J.S.A. 30:4C-15.1(a)(3). This third "prong of the [best interests ...

docket:	a1560-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-04
status:	unpublished
citation:
Document Size:	26331

614 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.A. -- rank: 549

... Gibbons Whipple 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 ... convincing' proof."). 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 ... which led to the child's placement outside the home. N.J.S.A. 30:4C-15.1(c). Reasonable efforts will vary with the circumstances. F.H ... used as a defense to termination of parental rights under N.J.S.A. 30:4C-15.1(a)(3). [ N.J. Div. of Youth & Family Servs. v ...

docket:	a1941-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-25
status:	unpublished
citation:
Document Size:	56321

615 A-0 OF CHILD PROTECTION AND PERMANENCY v. C.C IN THE MATTER OF THE GUARDIANSHIP OF N.C. and A.C Minors October 23, 2014 -- rank: 549

... 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 Fam. Servs. v ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four prongs require a fact-sensitive analysis, and ... development had been and would likely continue to be endangered. N.J.S.A. 30:4C-15.1(a)(1). Defendant argues that the Division failed to prove ... 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 ... the aborted efforts to place Nancy and Andy with Donna. N .J.S.A. 30:4C-15.1(a)(3) requires the Division to make "diligent efforts to ...

docket:	a4119-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-23
status:	unpublished
citation:
Document Size:	38101