Search Rutgers Law Library N.J. Court Opinions

721 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.S. -- rank: 531

... child's test's four prongs, as set forth in N.J.S.A. 30:4C-15.1(a) in order to terminate parental rights. Ibid. The four ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] These four prongs require a fact-sensitive ... supra , 129 N.J. at 25. The fourth prong of N.J.S.A. 30:4C-15.1(a)(4) is a failsafe provision against termination even when ... disturb her well-reasoned determinations regarding the four prongs of N.J.S.A. 30:4C-15.1(a). For the reasons set forth above and in the ...

docket:	a0524-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-16
status:	unpublished
citation:
Document Size:	30373

722 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. O.F.A. -- rank: 531

... Division had satisfied all four prongs of the statutory standard, N.J.S.A. 30:4C-15.1 by clear and convincing evidence. Accordingly, he terminated Olivia's ... 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). This prong "serves as a fail-safe ...

docket:	a2251-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-07
status:	unpublished
citation:
Document Size:	53457

723 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.N.H. (deceased and S.L. -- rank: 531

... met by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a). She concluded S.L. harmed, and would continue harming ... UPON [N.H.]'S BEST INTERESTS UNDER PRONG FOUR OF N.J.S.A. 30:4C-15.1(a), WHICH REQUIRES A SHOWING THAT TERMINATION OF PARENTAL RIGHTS ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] A. In Point I of his brief, S.L ... could not waive N.H.'s right to child support. N.J.S.A. 30:4C-15.1(a)(4) 'serves as a fail-safe against termination even ... nurture.'' Ibid. (quoting A.W., 103 N.J. at 610). N.J.S.A. 30:4C-15.1(a)(4) is deemed satisfied 'where it is shown that ...

docket:	a3440-20
court:	NJ Superior Court Appellate Division
decided:	2022-09-07
status:	Unpublished
citation:
Document Size:	32492

724 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.R. -- rank: 529

... 596 , 605 (2007)). Parental rights may be terminated pursuant to N.J.S.A. 30:4C-15.1(a) when: (1) The child's safety, health or development ... court's findings and conclusion on the first prong of N.J.S.A. 30:4C-15.1(a). Even if C.G.-S. demonstrated a superficial willingness ... and emotional or psychological. This satisfies the second prong of N.J.S.A. 30:4C-15.1(a). The efforts to provide services to assist C.G ... amply supports that finding which satisfies the third prong of N.J.S.A. 30:4C-15.1(a). The fourth prong of the best interest test involves a balancing of relationships. N.J.S.A. 30:4C-15.1 (a)(4); K.H.O. , supra , 161 N.J. at ... lifestyle. The Court held that the Division did not satisfy N.J.S.A. 30:4C-15.1(a)(4) by clear and convincing evidence. Although the ...

docket:	a5616-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-18
status:	unpublished
citation:
Document Size:	22138

725 /usr/local/share/www/libweb/collections/courts/appellate/a2160-13xx.opn.html -- rank: 529

... four prongs 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 ... the best interests of the child test set forth in N.J.S.A. 30:4C-15.1(a), that there was clear and convincing evidence that both ... 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 ... comments. 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 ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	25114

726 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.L.W -- rank: 529

... parental rights to effectuate these concerns. To terminate parental rights, N.J.S.A. 30:4C- 15.1(a) requires the Division to prove four prongs by clear ... enacted L. 2021 c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2). This amendment does not impact our judgment because ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O., 161 N.J. at ... the [judge] has considered alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). 'Reasonable efforts may include consultation with the parent ...

docket:	a0657-20
court:	NJ Superior Court Appellate Division
decided:	2021-09-22
status:	Unpublished
citation:
Document Size:	18315

727 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R and R.R -- rank: 529

... four prongs of the 'best interests of the child' standard, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. Alternatively, she seeks a ... rights must be terminated in the child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove the following four prongs ... led to the child[ren]'s placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3); M.M., 189 N.J. at 285. Those ...

docket:	a1741-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	51768

728 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.M.C. -- rank: 529

... convincing evidence the four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a). The Law Guardian supported termination before the trial court ... or will continue to be harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1). As to M.M.C., Judge Conte determined ... and delay of permanent placement will add to the harm. N.J.S.A. 30:4C-15.1(a)(2); accord In re Guardianship of K.H.O ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Judge Conte commented extensively on the "more than ... rights will 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 ... omitted). Judge Conte's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with K.H.O. , supra , and In ...

docket:	a5319-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-13
status:	unpublished
citation:
Document Size:	32534

729 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.J.C. -- rank: 529

... four prongs 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 ... the best interests of the child test set forth in N.J.S.A. 30:4C-15.1(a), that there was clear and convincing evidence that both ... 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 ... comments. 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 ...

docket:	a2159-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-13
status:	unpublished
citation:
Document Size:	25902

730 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.D.G. -- rank: 529

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The statute requires that the State demonstrate harm to ... within the context of the four part statutory criteria of N.J.S.A. 30:4C-15.1(a), it is apparent that the trial court erred in ... sufficient to satisfy each of the four statutory standards under N.J.S.A. 30:4C-15.1(a). We therefore affirm substantially for the reasons stated by ...

docket:	a5251-09
court:	superior court trial
decided:	2011-02-28
status:	Published
citation:
Document Size:	50706

731 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.N and A.V -- rank: 529

... not do more harm than good. A-1851-18T3 3 [N.J.S.A. 30:4C-15.1(a).] Here, to prove the statutory criteria, the Division presented ... the best interests of the child test set forth in N.J.S.A. 30:4C-15.1(a). The judge terminated B.N.'s parental rights to ... the best interests of the child test set forth in N.J.S.A. 30:4C-15.1(a) 'are not discrete and separate, but relate to and ...

docket:	a1851-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-13
status:	Unpublished
citation:
Document Size:	25625

732 /usr/local/share/www/libweb/collections/courts/appellate/a5320-12xx.opn.html -- rank: 529

... convincing evidence the four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a). The Law Guardian supported termination before the trial court ... or will continue to be harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1). As to M.M.C., Judge Conte determined ... and delay of permanent placement will add to the harm. N.J.S.A. 30:4C-15.1(a)(2); accord In re Guardianship of K.H.O ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Judge Conte commented extensively on the "more than ... rights will 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 ... omitted). Judge Conte's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with K.H.O. , supra , and In ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	32056

733 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.J. -- rank: 529

... arguments in Point III and the factors set forth in N.J.S.A. 30:4C-15.1, we affirm substantially for the reasons set forth in Judge ...

docket:	a0412-09
court:	superior court appellate division
decided:	2010-06-14
status:	unpublished
citation:
Document Size:	116830

734 DCPP VS. A.N.B. AND H.D.W., IN THE MATTER OF THE GUARDIANSHIP OF M.D.W. AND A.W. -- rank: 529

... 12). A-0485-23 2 child test set forth in N.J.S.A. 30:4C-15.1(a), justifying termination of Harry's parental rights. We affirm ... findings with respect to each of the statutory prongs in N.J.S.A. 30:4C-15.1(a). The judge found the Division's witnesses were 'credible ... 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 the Division to prove: (1) The child's ...

docket:	a0485-23
court:	appellate
decided:	2024-05-07
status:	Unpublished
citation:
Document Size:	34974

735 DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.M.S. -- rank: 529

... by each prong of the four-prong test outlined in N.J.S.A. 30:4C-15.1(a). Mother appeals the decision of the trial court, arguing ... do more harm than good under the fourth prong of N.J.S.A. 30:4C-15.1(a). II. 'A parent's right to enjoy a relationship ... I.S., 202 N.J. 145, 180-81 (2010) (quoting N.J.S.A. 30:4C-15.1(a)(4)). Normally, '[t]he question to be addressed under ... Supreme Court articulated the four- prong test later codified in N.J.S.A. 30:4C-15.1(a). Regarding the fourth prong, the Court noted, '[s]ome ...

docket:	a0284-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-05
status:	unpublished
citation:
Document Size:	54942