Search Rutgers Law Library N.J. Court Opinions

661 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R.C.-B. and K.A.C -- rank: 540

... trial court that the third prong of the statutory test—N.J.S.A. 30:4C-15.1(a)—was shown by clear and convincing evidence for ... The trial court concluded the Division satisfied each prong under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The court found it ... ONE AND FOUR OF THE BEST INTEREST TEST PURSUANT TO N.J.S.A. 30:4C-15.1(a) BY CLEAR AND CONVINCING EVIDENCE; THUS, THE JUDGMENT TERMINATING ... AND FOURTH PRONGS OF THE 'BEST INTEREST' STANDARD PURSUANT TO N.J.S.A. 30:4C-15.1. A. The trial court misapplied the prevailing legal standards under ... was unwilling to remedy the harm to the children. II. N.J.S.A. 30:4C-15.1(a) authorizes the Division to petition for the termination of ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] A trial court's decision to terminate parental ...

docket:	a2186-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-20
status:	Unpublished
citation:
Document Size:	29453

662 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.C.R. -- rank: 540

... AND CONVINCING PROOF SUFFICIENT TO SATISFY THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a). A. THE TRIAL COURT'S DETERMINATION AS TO THE ... seeking the termination of a parent’s rights pursuant to N.J.S.A. 30:4C-15.1(a), the Division has the burden of establishing, by clear ... four, that termination "will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Indeed, the bonding evaluation demonstrated that A.A ... R.'s rights. Judge Blackburn noted, in considering prong one, N.J.S.A. 30:4C-15.1(a)(1), that B.C.R.'s untreated psychiatric issues ... or inability to eliminate the harm facing A.A.R. N.J.S.A. 30:4C-15.1(a)(2). As Judge Blackburn pointed out, the Division provided ... prong three was also satisfied by clear and convincing evidence. N.J.S.A. 30:4C-15.1(a)(3). It is clearly in A.A.R.' ...

docket:	a2004-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-25
status:	unpublished
citation:
Document Size:	24998

663 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.P.G. -- rank: 540

... of the children for parental rights to be terminated. See N.J.S.A. 30:4C-15.1(a). I Parents have a constitutionally protected right to the ... Guardianship of J.C. , 129 N.J. 1 , 10 (1992). N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and convincing ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(1), (2). B.P.G. was unable to maintain ...

docket:	a3170-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-02
status:	unpublished
citation:
Document Size:	41073

664 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.S. -- rank: 540

... Protection and Permanency ('Division') failed to prove each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian supported ... of the participants in these proceedings. A-1224-16T1 2 N.J.S.A. 30:4C-15.1(a) requires the Division to petition for termination of parental ... serious and enduring emotional or psychological harm to the child.' N.J.S.A. 30:4C-15.1(a)(2). 3 The Division also sought to terminate the ... that the Division established each of the four prongs under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. With respect to prong ... at trial, made detailed findings as to each prong of N.J.S.A. 30:4C-15.1(a), and concluded that the Division met by clear and ... guardianship. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a) and accords with applicable case law. See, e. ...

docket:	a1224-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-26
status:	Unpublished
citation:
Document Size:	19586

665 DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.D.H.-F and J.M.B IN THE MATTER OF THE GUARDIANSHIP OF M.A.B. and D.B.-H -- rank: 540

... Permanency (Division) failed to prove prongs two and four of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian supported ... the four prongs of the best interests test codified in N.J.S.A. 30:4C-15.1(a), and defendant's parental rights to the children should ... 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 a delay in permanent placement will cause further harm. N.J.S.A. 30:4C-15.1(a)(2). 'The second prong, in many ways, addresses considerations ... judge's conclusion that the Division satisfied its burden under N.J.S.A. 30:4C-15.1(a)(2) is supported by sufficient credible evidence in the ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). This prong serves as a ''fail-safe' ...

docket:	a2924-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-11
status:	unpublished
citation:
Document Size:	55688

666 DIVISION OF YOUTH AND FAMILY SERVICES v. H.V., SR -- rank: 540

... to the best interests of the child test contained in N.J.S.A. 30:4C-15.1(a). After carefully reviewing Henry's arguments in light of ... Sabbath concluded that the statutory grounds for termination pursuant to N.J.S.A. 30:4C-15.1 had been established by clear and convincing evidence. He found ... BURDEN TO SATISFY THE SECOND, THIRD AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1(A). POINT A: D.Y.F.S. FAILED TO PROVE ... s parental rights. His opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), and is fully supported by the record. We have ...

docket:	a4736-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-02
status:	unpublished
citation:
Document Size:	32811

667 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.R. -- rank: 540

... prongs of the statutory best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a). The Division 1 The judgment of guardianship also terminated ... DeCastro concluded the Division had proven all four prongs of N.J.S.A. 30:4C-15.1(a). She entered the judgment of guardianship and this appeal ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). '[T]he Division must prove harm that 'threatens ... the delay in permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). '[T]he inquiry centers on whether the parent ... The proof as to prong two was clear and convincing. N.J.S.A. 30:4C-15.1(a)(3) requires the Division make 'reasonable efforts to provide ... 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 ...

docket:	a2518-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-11
status:	Unpublished
citation:
Document Size:	23112

668 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.A. -- rank: 540

... of the four prongs of the best interests test. See N.J.S.A. 30:4C-15.1(c). The Law Guardian joins the Division in supporting the ... convincing evidence, the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(c)(1)-(4). II. We defer to the trial judge ... parental rights will not do m ore harm than good. [ N.J.S.A. 30:4C-15.1(a).] See also A.W. , supra , 103 N.J. at ... determining whether termination "will not do more harm than good," N.J.S.A. 30:4C-15.1(a)(4). Defendant points to her children's continuing bond ...

docket:	a3934-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-02
status:	unpublished
citation:
Document Size:	24754

669 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.C. -- rank: 540

... interests test for termination of parental rights, as codified in N.J.S.A. 30:4C-15.1(a). The court memorialized its decision in a judgment entered ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The four criteria enumerated in the best interests standard ... and development have been harmed by their relationship with her. N.J.S.A. 30:4C-15.1(a)(1). She acknowledges that the evidence clearly and convincingly ... a delay in permanent placement will add to the harm. N.J.S.A. 30:4C-15.1(a)(2). In addition, C.C. contends that the Division ... the Division considered alternatives to termination of her parental rights. N.J.S.A. 30:4C-15.1(a)(3). C.C. argues, however, that the Division failed ... her parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). C.C. asserts that the trial court ...

docket:	a2655-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-26
status:	unpublished
citation:
Document Size:	25127

670 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.P. -- rank: 540

... ELEMENTS OF PRONG TWO OF THE "BEST INTERESTS" TEST UNDER N.J.S.A. 30:4C-15.1(a) BECAUSE THE TRIAL RECORD DID NOT CONTAIN CLEAR AND ... ENDURING EMOTIONAL OR PSYCHOLOGICAL HARM. III. PRONG THREE OF THE N.J.S.A. 30:4C-15.1(a) WAS NOT ESTABLISHED BECAUSE THE DIVISION MADE SUPERFICIAL, NOT ... THE DIVISION] DID NOT PREVAIL ON PRONG FOUR OF THE N.J.S.A. 30:4C-15.1(a) TEST BECAUSE IT FAILED TO PROVE BY CLEAR AND ... 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 ... of showing defendant "unwilling or unable to eliminate the harm." N.J.S.A. 30:4C-15.1(a)(2). The judge also provided lengthy findings regarding the ...

docket:	a1568-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-16
status:	unpublished
citation:
Document Size:	24843

671 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.T. -- rank: 540

... established the first three prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), with respect to all of the children. She found ... the-child test. Ibid. The factors are set forth in N.J.S.A. 30:4C-15.1(a): (1) The child's safety, health or development has ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four-prong analysis must be applied separately as ...

docket:	a4189-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-25
status:	unpublished
citation:
Document Size:	64433

672 New Jersey Division of Youth and Family Services v. M.M. -- rank: 540

... of parental rights will not do more harm than good.      [ N.J.S.A. 30:4C-15.1(a).]      Those “four elements of the best interests test overlap ... the best interests of the son must take precedence. See N.J.S.A. 30:4C-15.1 (defining best-interests standard). As the Law Guardian aptly noted ... J. 591 (1986). The Legislature subsequently adopted those standards in N.J.S.A. 30:4C-15.1. In order to terminate an individual’s parental rights, N.J.S.A. 30:4C-15.1 requires that the trial court make specific findings that (1 ...

docket:	a-115-05
court:	njsupreme
decided:	2007-02-08
status:
citation:	189 N.J. 261
Document Size:	83674

673 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.P -- rank: 540

... the fourth prong of the statutory test set forth under N.J.S.A. 30:4C- 15.1(a)(4) — that the 'termination of parental rights will ... the Division had proven each of the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. A-3098-19 10 ... J.S.A. 30:4C-15(c) and elaborated in N.J.S.A. 30:4C-15.1(a) as four prongs. K.H.O., 161 N.J ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)]. The Division has the burden of proving 'by clear ... will not do more harm than good' to the child. N.J.S.A. 30:4C-15.1(a)(4). This prong 'serves as a fail-safe against ...

docket:	a3098-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-16
status:	Unpublished
citation:
Document Size:	35665

674 /usr/local/share/www/libweb/collections/courts/appellate/a3672-16a3673-16.opn.html -- rank: 540

... burden under the four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), by clear and 1 We use pseudonyms for the ... 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 ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). That harm may 5 A-3672-16T1 include ... s] consider[ation of] alternatives to termination of parental rights[.]' N.J.S.A. 30:4C-15.1(a)(3). It also 'contemplates efforts that focus on reunification ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). Relying on Brandwein's expert testimony, the court ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	19499

675 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.W. -- rank: 538

... through four of the best interests of the child test, N.J.S.A. 30:4C-15.1(a). The Law Guardian supports termination and urges us to ... that Jenny could adopt her. The judge concluded that, under N.J.S.A. 30:4C-15.1(a), the Division had proven its case by clear and ... 279-80 (2007). When seeking termination of parental rights under N.J.S.A. 30:4C-15.1(a), the Division has the burden of establishing by clear ... rights. The first prong of the best interests test under N.J.S.A. 30:4C-15.1(a)(1) requires us to "determine whether the 'child's ... relationship.'" M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)); see also In re Guardianship of D.M ... 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. ...

docket:	a4905-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-04
status:	unpublished
citation:
Document Size:	30441