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616 DIVIAION OF CHILD PROTECTION AND PERMANENCY v. J.S. -- rank: 549

... failed to establish each prong of the best interests test, N.J.S.A. 30:4C-15.1(a). We affirm. On March 15, 2016, the Division filed ... analyzed each of the prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). Based on the credible, clear, and convincing evidence, as ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] These four criteria 'are neither discrete nor separate, but ... Division proved all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), to support termination of defendant's parental rights. The ...

docket:	a0480-17
court:	NJ Superior Court Appellate Division
decided:	2018-06-22
status:	unpublished
citation:
Document Size:	40608

617 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.C IN THE MATTER OF THE GUARDIANSHIP OF C.B -- rank: 549

... satisfy each of the four prongs of the statutory test, N.J.S.A. 30:4C-15.1(a), to prove guardianship was in the best interest of ... of satisfying the four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. Among the shortcomings, the ... evidence on all four prongs of the statutory test of N.J.S.A. 30:4C-15.1(a), and determined termination of defendant's parental rights of ... 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 termination of parental ... 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 ... best interests" test be viewed in light of amendments to N.J.S.A. 30:4C-15.1, which emphasize the shift "from protracted efforts for reunification ...

docket:	a0078-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	33397

618 NEW JERSEY DIVIISION OF CHILD PROTECTION AND PERMANENCY v. E.G. -- rank: 549

... clear and convincing evidence all four statutory prongs outlined in N.J.S.A. 30:4C-15.1. 5 In his decision, Judge Sabbath found the Division's ... 1 , 10 (1992). To address these concerns, the Legislature enacted N.J.S.A. 30:4C-15.1(a). If the Division proves each of the four prongs in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, a parent's rights ...

docket:	a3236-13
court:	superior court trial
decided:	2015-02-09
status:	unpublished
citation:
Document Size:	27724

619 /usr/local/share/www/libweb/collections/courts/appellate/a4157-18.opn.html -- rank: 549

... all four prongs of the statutory criteria for termination under N.J.S.A. 30:4C-15.1(a)(1) through (4). In particular, the judge found the ... failure to provide her with a safe and stable home, N.J.S.A. 30:4C-15.1(a)(1); appellant is unable or unwilling to eliminate that ... in Laurie's permanent placement will add to that harm. N.J.S.A. 30:4C-15.1(a)(1); A-4157-18T1 5 the Division made reasonable ... mother, and potential alternatives to termination have been sufficiently considered, N.J.S.A. 30:4C-15.1(a)(3); and termination of parental rights will not cause Laurie more harm than good, N.J.S.A. 30:4C-15.1(a)(4). As Judge D'Arcy summarized at the end ...

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Document Size:	17202

620 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.A. -- rank: 549

... the Division did not satisfy the four criteria required by N.J.S.A. 30:4C-15.1(a) for termination of parental rights. We disagree and affirm ... of parental rights would not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The fourth prong "cannot require a showing that ...

docket:	a0786-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-24
status:	unpublished
citation:
Document Size:	72043

621 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.A.S. -- rank: 549

... Protection and Permanency (Division) proved prongs three and four of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, and in admitting the ... conclude that the Division had proven all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Accordingly, we find no ... Judge Forrest's findings on prongs one and two of N.J.S.A. 30:4C-15.1(a). She contends the judge erred in finding the Division proved prongs three and four of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Our Supreme Court has ... the home.' F.M., 211 N.J. at 452 (quoting N.J.S.A. 30:4C-15.1(a)(3)). The emphasis on the third prong is on ... by clear and convincing evidence. Prong Four Prong four of N.J.S.A. 30:4C-15.1(a) requires the Division to show by clear and ...

docket:	a4771-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-04
status:	Unpublished
citation:
Document Size:	30877

622 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.W. -- rank: 549

... requirements of the third prong of the best interests test, N.J.S.A. 30:4C-15.1(a)(3), and claims her constitutional rights were otherwise violated ... v. F.M. , 211 N.J. 420 , 452 (2012) (quoting N.J.S.A. 30:4C-15.1(a)(3)). The statute defines "reasonable efforts" as attempts by ... the Division considered "alternatives to termination of parental rights." See N.J.S.A. 30:4C-15.1(a)(3). Therefore, we limit our consideration to her argument ...

docket:	a5814-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-21
status:	unpublished
citation:
Document Size:	54305

623 New Jersey Division of Youth and Family Services v. E.P. -- rank: 549

... factor best-interests-of-the-child test set forth in N.J.S.A. 30:4C-15.1(a). 6 First, the court found that Andrea's health ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Those four factors are not "discrete," but rather "relate ...

docket:	a-112-06
court:
decided:	2008-07-14
status:
citation:	196 N.J. 88
Document Size:	131575

624 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.A. -- rank: 549

... the Division did not satisfy the four criteria required by N.J.S.A. 30:4C-15.1(a) for termination of parental rights. We disagree and affirm ... of parental rights would not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The fourth prong "cannot require a showing that ...

docket:	a0785-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-24
status:	unpublished
citation:
Document Size:	72043

625 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.T. -- rank: 547

... Division had proven each of the four statutory requirements of N.J.S.A. 30:4C-15.1(a) for the termination of parental rights by clear and ... there was insufficient evidence to satisfy the statutory requirements of N.J.S.A. 30:4C-15.1. We conclude from our examination of the record and 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 & Family Servs. v. F ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These requirements are neither discrete nor separate. They "overlap ...

docket:	a5244-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-28
status:	unpublished
citation:
Document Size:	32186

626 A-3046-09T3 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.K.W. and J.C.A. -- rank: 547

... POINT I DYFS FAILED TO ESTABISH THE FOURTH ELEMENT OF N.J.S.A. 30:4C-15.1. POINT II DYFS FAILED TO ESTABLISH THE FIRST THREE ELEMENTS OF N.J.S.A. 30:4C-15.1 a. DYFS FAILED TO PROVE HARM TO THE CHILDREN BY ... 103 N.J. 591, 604-11 (1986), now codified in N.J.S.A. 30:4C-15.1. The statute provides in pertinent part: a. The division shall ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four statutory criteria "are not discrete and separate ... take the necessary action to overcome or remove the harm. N.J.S.A. 30:4C-15.1(a)(2). As such, the court was not required to ...

docket:	a3178-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-23
status:	unpublished
citation:
Document Size:	64549

627 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.T.H and C.H. and F.L.J. -- rank: 547

... oral opinion. The court found DCPP proved each element of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence and established termination of ... erred in its analysis of whether the statutory elements of N.J.S.A. 30:4C-15.1(a) had been proven; and (4) applied an incorrect legal ... 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 ... that identifies a child's best interests.' Id. at 348. N.J.S.A. 30:4C-15.1(a) requires DCPP to prove: A-0735-18T2 13 (1 ...

docket:	a0735-18
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	Unpublished
citation:
Document Size:	27787

628 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.H. -- rank: 547

... all four prongs of the best interest test codified at N.J.S.A. 30:4C-15.1(a)(1)-(4), thereby warranting termination of defendant's parental ... VII DYFS FAILED TO PROVE ALL OF THE ELEMENTS OF N.J.S.A. 30:4C-15.1. a. DYFS Failed To Prove Harm To [Brian]. b. K ... been made. [ Id. at 279 (internal quotations and citations omitted).] N.J.S.A. 30:4C-15.1(a) sets forth the four elements DYFS must establish by ... of parent rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These statutory standards provide "an integrated multi-element test ...

docket:	a0473-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-10
status:	unpublished
citation:
Document Size:	42524

629 DIVISION OF YOUTH AND FAMILY SERVICES v. S.L.C. -- rank: 547

... 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 ... 161 N.J. at 354. "Reasonable efforts" are defined in N.J.S.A. 30:4C-15.1(c) as including: (1) consulting and cooperating with the parent ... not as strong, that evidence will satisfy the requirement of N.J.S.A. 30:4C-15.1(a)(4)." Id. at 363. There is ample basis in ...

docket:	a1964-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-14
status:	unpublished
citation:
Document Size:	64672

630 OF YOUTH AND FAMILY SERVICES v. T.W IN THE MATTER OF P.W., a minor -- rank: 547

... is subject to different burdens and standards of proof. See N.J.S.A. 30:4C-15.1(a) (stating the four-pronged test to terminate parental rights ...

docket:	a1536-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-14
status:	unpublished
citation:
Document Size:	46699