Search Rutgers Law Library N.J. Court Opinions

646 /usr/local/share/www/libweb/collections/courts/appellate/a3263-20.opn.html -- rank: 545

... of Child Protection and Permanency proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence and terminated defendant father ... N.J. at 347. The best interest standard, codified in N.J.S.A. 30:4C-15.1(a), requires the Division establish each of the following elements ... The key question with respect to the first prong of N.J.S.A. 30:4C-15.1(a), is not whether the parents 'are themselves unfit or ... R., 405 N.J. Super. 418, 437 (App. Div. 2009). N.J.S.A. 30:4C-15.1(a)(3) requires the Division to make reasonable efforts to ... his prior incarceration was an impediment to obtaining housing. 3 N.J.S.A. 30:4C-15.1(a)(4) assesses whether termination of parental rights will do ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	25947

647 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J.R and C.R.A IN THE MATTER OF THE GUARDIANSHIP OF A.A.R and C.L.A., Minors and C.A Minor -- rank: 545

... convincing evidence that parental rights should be terminated pursuant to N.J.S.A. 30:4C-15.1(a). We reverse. The facts in the record of the ... 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 ... harm to her children under prongs one and two of N.J.S.A. 30:4C-15.1(a). She also argues the Division offered no evidence as ... and stuck her head in the sand,' was indeterminate. Under N.J.S.A. 30:4C-15.1(a), the Division must prove by clear and convincing evidence ...

docket:	a5424-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-22
status:	Unpublished
citation:
Document Size:	56369

648 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.C. -- rank: 545

... establishing the four prongs of the best interests test in N.J.S.A. 30:4C-15.1(a) for termination of C.C.'s and L.M ... has the burden of proving each of the criteria in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. N.J. Div. of ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)]. The statutory criteria "are not discrete and separate; they ... of-parental-rights case is the "best interests" test in N.J.S.A. 30:4C-15.1(a). N.J. Div. of Youth & Fam. Servs. v. A ... establishing all four prongs of the best interests test in N.J.S.A. 30:4C-15.1(a) as to C.C. Therefore, we affirm the order ... established all four prongs of the best interests test in N.J.S.A. 30:4C-15.1(a) as to L.M. Therefore, we affirm the ...

docket:	a0474-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-23
status:	unpublished
citation:
Document Size:	34739

649 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.H. -- rank: 542

... and the children. A-1828-17T4 2 convincing evidence. See N.J.S.A. 30:4C-15.1(a). The Division and the children's Law Guardian urge ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C- 15.1(a)(1). Although the Division need not 'wait 'until a ... alternatives to termination of parental rights[.] A-1828-17T4 9 [ N.J.S.A. 30:4C-15.1(a)(2) and (3).] The prong two 'inquiry centers on ... facilitating visitation.' M.M., 189 N.J. at 281 (citing N.J.S.A. 30:4C-15.1(c)). However, '[e]xperience tells us that even [the Division ... permanent placement will add to the harm' they already suffered. N.J.S.A. 30:4C-15.1(a)(2). As we see it, contrary to defendant's ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). It 'serves as a fail-safe against ...

docket:	a1828-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-23
status:	Unpublished
citation:
Document Size:	26410

650 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.M.J and B.J.R -- rank: 542

... best interest to terminate parental rights. To terminate parental rights, N.J.S.A. 30:4C-15.1(a) requires the Division to prove four prongs by clear ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). 'Although a particularly egregious single harm can trigger ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The judge must consider whether the parent cured ... child.' K.H.O., 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). 'Keeping [a] child in limbo, hoping for some ... that led to the removal. C. As to prong three, N.J.S.A. 30:4C-15.1(a)(3) requires the Division to make 'reasonable efforts to ... of parental rights 'will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). The judge must ask whether 'after considering ...

docket:	a5026-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-27
status:	Unpublished
citation:
Document Size:	19537

651 New Jersey Division of Youth and Family Services v. L.L. -- rank: 542

... child as a birth parent," subject to several expressed limitations. N.J.S.A. 30:4C-15.1. See 180 N.J. 494, 510 (2004) (citing 172 N ...

docket:	a-68-08
court:	supreme
decided:	2010-02-24
status:
citation:
Document Size:	80424

652 OF CHILD PROTECTION AND PERMANENCY v. M.Z IN THE KINSHIP MATTER OF J.W a minor -- rank: 542

... the best interests standard for termination of parental rights" under N.J.S.A. 30:4C-15.1 and thus finding " it is reasonable to apply the decisional law applicable to   N.J.S.A.   30:4C-15.1   to KLG cases as well"). This archive is a service ...

docket:	a1005-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-24
status:	unpublished
citation:
Document Size:	39932

653 /usr/local/share/www/libweb/collections/courts/appellate/a5313-13.opn.html -- rank: 542

... convincing evidence all four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). Mario contends that the Division failed to prove two ... conclusions of law in accordance with the best interests test, N.J.S.A. 30:4C-15.1(a). Judge Bernstein found by clear and convincing evidence that ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] In this case, the four prongs of the best ... a commenced Title 9 action before bringing an action under N.J.S.A. 30:4C-15.1 to terminate parental rights. N.J. Div. of Youth & Family ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	42449

654 NEW JERSEY DIVISION OF YOUTH and FAMILY SERVICES v. A.M. and K.M. -- rank: 542

... matters, appellate courts should accord deference to family court factfinding"). N.J.S.A. 30:4C-15.1(a) authorizes the Division of Youth and Family Services (DYFS ... evidence was plainly sufficient to satisfy the first prong of N.J.S.A. 30:4C-15.1(a), that M.M.'s safety, health or development both ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). Immediately upon M.M.'s release from the ... actions against the criteria for "reasonable efforts" set forth in N.J.S.A. 30:4C-15.1 and found that defendants thwarted DYFS's substantial efforts. K ... a delay in permanent placement will add to the harm. N.J.S.A. 30:4C-15.1(a)(2). The third prong of N.J.S.A. 30:4C-15.1(a) requires clear and convincing evidence that the Division ...

docket:	a2854-09
court:	superior court appellate division
decided:	2011-01-11
status:	Unpublished
citation:
Document Size:	31730

655 DIVISION OF YOUTH AND FAMILY SERVICES v. N.O IN THE MATTER OF THE GUARDIANSHIP OF R.C.C -- rank: 542

... 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) consultation and cooperation 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 substantial basis in ...

docket:	a5153-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-02
status:	unpublished
citation:
Document Size:	57113

656 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES - v. N.R. -- rank: 542

... parental rights. Applying the four prong test set forth in N.J.S.A. 30:4C-15.1, and accompanying case law, the trial court terminated the parental ... CLEAR AND CONVINCING EVIDENCE AS TO THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a). A. The Trial Court's Legal Conclusion that N ... Trial Court's Determinations on Prongs Two and Three of N.J.S.A. 30:4C- 15(1)(a) [sic]. C. Judge Sabbath's Prejudice Against the Parents ... CONCLUSION THAT ALL FOUR PRONGS OF THE STATUTORY TEST UNDER N.J.S.A. 30:4C-15.1(a) FOR TERMINATION OF PARENTAL RIGHTS WERE ESTABLISHED BY CLEAR ... N.J. 591 , 604-11 (1986), and now codified in N.J.S.A. 30:4C-15.1(a). Under that test, the following four prongs must be ... 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 & Family ...

docket:	a3022-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-07-13
status:	unpublished
citation:
Document Size:	29016

657 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.M. -- rank: 542

... parental rights. Applying the four prong test set forth in N.J.S.A. 30:4C-15.1, and accompanying case law, the trial court terminated the parental ... CLEAR AND CONVINCING EVIDENCE AS TO THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a). A. The Trial Court's Legal Conclusion that N ... Trial Court's Determinations on Prongs Two and Three of N.J.S.A. 30:4C- 15(1)(a) [sic]. C. Judge Sabbath's Prejudice Against the Parents ... CONCLUSION THAT ALL FOUR PRONGS OF THE STATUTORY TEST UNDER N.J.S.A. 30:4C-15.1(a) FOR TERMINATION OF PARENTAL RIGHTS WERE ESTABLISHED BY CLEAR ... N.J. 591 , 604-11 (1986), and now codified in N.J.S.A. 30:4C-15.1(a). Under that test, the following four prongs must be ... 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 & Family ...

docket:	a3414-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-07-13
status:	Published
citation:
Document Size:	28266

658 NEW JERSEY DIVISION OF YOUTH and FAMILY SERVICES v. A.M. and K.M. -- rank: 542

... matters, appellate courts should accord deference to family court factfinding"). N.J.S.A. 30:4C-15.1(a) authorizes the Division of Youth and Family Services (DYFS ... evidence was plainly sufficient to satisfy the first prong of N.J.S.A. 30:4C-15.1(a), that M.M.'s safety, health or development both ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). Immediately upon M.M.'s release from the ... actions against the criteria for "reasonable efforts" set forth in N.J.S.A. 30:4C-15.1 and found that defendants thwarted DYFS's substantial efforts. K ... a delay in permanent placement will add to the harm. N.J.S.A. 30:4C-15.1(a)(2). The third prong of N.J.S.A. 30:4C-15.1(a) requires clear and convincing evidence that the Division ...

docket:	a2146-09
court:	superior court appellate division
decided:	2011-01-11
status:	unpublished
citation:
Document Size:	31732

659 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.M. and D.S and R.B -- rank: 542

... prove the four prongs of the best interests standard of N.J.S.A. 30:4C-15.1(a)(1) to (4) by clear and convincing evidence. The ... rights in his son's best interests in accordance with N.J.S.A. 30:4C- 15.1(a)(1) to (4). Affirmed. A-2386-21 20 This ...

docket:	a2386-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-15
status:	Unpublished
citation:
Document Size:	35294

660 OF YOUTH AND FAMILY SERVICES v. E.C.H. and A.P., R.P., and J.R IN THE MATTER OF THE GUARDIANSHIP OF A.H. AND I.H.R Minors -- rank: 542

... to meet the four prongs of the statutory test. See N.J.S.A. 30:4C-15.1(a). Taking into account the two prior adjudications of abuse ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Our task is to determine whether the trial court ...

docket:	a1755-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-19
status:	unpublished
citation:
Document Size:	39139