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736 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.M. -- rank: 529

... 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 against ...

docket:	a1733-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-21
status:	unpublished
citation:
Document Size:	46493

737 /usr/local/share/www/libweb/collections/courts/appellate/a2848-17.opn.html -- rank: 527

... by clear and convincing evidence, the following four prongs under N.J.S.A. 30:4C-15.1(a): (1) The child's safety, health, or development has ... argues the Division failed to prove all four prongs of N.J.S.A. 30:4C-15.1(a). The mother contends that the Division failed to prove ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C- 15.1(a)(1); K.H.O., 161 N.J. at 352 ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). To evaluate whether the Division met this criteria ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28518

738 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.J.B. -- rank: 527

... convincing evidence the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). The Law Guardian joins the Division in supporting the ... proved, by clear and convincing evidence, all four prongs of N.J.S.A. 30:4C-15.1(a): (1) The child's safety, health or development has ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] 4 Betty also argues that the court's admission ...

docket:	a1867-13
court:	superior court trial
decided:	2015-02-24
status:	unpublished
citation:
Document Size:	38253

739 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.J.B. -- rank: 527

... convincing evidence the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). The Law Guardian joins the Division in supporting the ... proved, by clear and convincing evidence, all four prongs of N.J.S.A. 30:4C-15.1(a): (1) The child's safety, health or development has ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] 4 Betty also argues that the court's admission ...

docket:	a1865-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-24
status:	unpublished
citation:
Document Size:	38358

740 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.S and J.B. -- rank: 527

... Protection and Permanency (Division) failed to prove prong three of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence because it failed to ... which led to the child's placement outside the home . . . .' N.J.S.A. 30:4C-15.1(a)(3). This prong 'contemplates efforts that focus on reunification ... second argument is based on the Legislature eliminating language in N.J.S.A. 30:4C-15.1(a)(2) on July 2, 2021. 3 The Legislature removed ... still be considered pursuant to the unchanged plain text of N.J.S.A. 30:4C-15.1(a)(2)-(4). We find A.S.'s interpretation of ... all four prongs of the best interests test pursuant to N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence; and (2) termination of ...

docket:	a3513-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-27
status:	Unpublished
citation:
Document Size:	13188

741 STATE OF NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.V.A. -- rank: 527

... FOUR PART TEST TERMINATING PARENTAL RIGHTS AS SET FORTH IN N.J.S.A. 30:4C-15.1(a) POINT A: DYFS FAILED TO PROVE THAT DEFENDANT, [HALEY ... K.H.O. , supra , 161 N.J. at 347. Under N.J.S.A. 30:4C-15.1(a), the standard provides that parental rights may be terminated ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four prongs are not "discrete, but rather relate ...

docket:	a5691-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-08-21
status:	Published
citation:
Document Size:	58252

742 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.B. -- rank: 527

... 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 ...

docket:	a5371-04
court:	njappellate
decided:	2006-01-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	54482

743 STATE OF NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.V.A. -- rank: 527

... FOUR PART TEST TERMINATING PARENTAL RIGHTS AS SET FORTH IN N.J.S.A. 30:4C-15.1(a) POINT A: DYFS FAILED TO PROVE THAT DEFENDANT, [HALEY ... K.H.O. , supra , 161 N.J. at 347. Under N.J.S.A. 30:4C-15.1(a), the standard provides that parental rights may be terminated ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four prongs are not "discrete, but rather relate ...

docket:	a5692-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-08-21
status:	Published
citation:
Document Size:	58252

744 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.B' -- rank: 527

... and convincing evidence the four-prong standard set forth in N.J.S.A. 30:4C-15.1(a).3 1 The child's name is fictitious in ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] A-4877-16T1 3 supported by competent evidence presented ... matter found the Division had proved the first factor of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. In 2011, the mother ... page opinion in which she addressed the four factors in N.J.S.A. 30:4C-15.1(a), setting forth her findings of fact and conclusions of ... child is not essential to showing the first prong of N.J.S.A. 30:4C-15.1(a) has been satisfied. See N.J. Div. of Youth ... arguments the Division failed to satisfy the four prongs of N.J.S.A. 30:4C-15.1(a). After perusing the record, we conclude these arguments ...

docket:	a4877-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-17
status:	Unpublished
citation:
Document Size:	17876

745 DIVISION OF YOUTH AND FAMILY SERVICES v. B.D. and A.R.D., SR IN THE MATTER OF THE GUARDIANSHIP OF N.M.M.D., C.M.D. and A.R.D., JR Minors -- rank: 527

... by clear and convincing evidence the statutory criteria contained in N.J.S.A. 30:4C-15.1(a). We have considered defendants' arguments in light of the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also In re Guardianship of K.H.O ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)) (internal quotation marks omitted). "Concern and efforts by ... of proof regarding "reasonable efforts to provide services" to defendants. N.J.S.A. 30:4C-15.1(a)(3). Arthur contends that DYFS relied upon the DDD ...

docket:	a4512-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-16
status:	unpublished
citation:
Document Size:	54268

746 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.W. -- rank: 527

... had satisfied all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a). She concluded that termination of defendant's parental rights ... clear and convincing evidence the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a). His arguments are not supported by the record and ... the trial, made detailed findings as to each prong of N.J.S.A. 30:4C-15.1(a), and concluded the Division had met by clear and ... guardianship. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with applicable case law, including In re Guardianship ...

docket:	a0980-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-07
status:	unpublished
citation:
Document Size:	14608

747 DIVISION OF YOUTH AND FAMILY SERVICES v. B.D. and A.R.D., SR IN THE MATTER OF THE GUARDIANSHIP OF N.M.M.D., C.M.D. and A.R.D., JR Minors -- rank: 527

... by clear and convincing evidence the statutory criteria contained in N.J.S.A. 30:4C-15.1(a). We have considered defendants' arguments in light of the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also In re Guardianship of K.H.O ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)) (internal quotation marks omitted). "Concern and efforts by ... of proof regarding "reasonable efforts to provide services" to defendants. N.J.S.A. 30:4C-15.1(a)(3). Arthur contends that DYFS relied upon the DDD ...

docket:	a4428-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-16
status:	unpublished
citation:
Document Size:	54268

748 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.R, -- rank: 527

... and Permanency (DCPP) did not prove the statutory requirements under N.J.S.A. 30:4C-15.1(a). The Law Guardian for Zoe and Kelly does not ... prong of the 'best interests of the child' test under N.J.S.A. 30:4C-15.1(a) was satisfied by clear and convincing evidence. Under prong ... of parental rights as required under the third prong analysis. N.J.S.A. 30:4C-15.1(a)(3). Here, DCPP explored other relatives to determine if ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). 'Prong four 'serves as a fail-safe against ...

docket:	a1950-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-09
status:	Unpublished
citation:
Document Size:	37165

749 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.H. -- rank: 527

... satisfied all four prongs of the statutory "best interests" test, N.J.S.A. 30:4C-15.1(a). The facts and procedural history are set forth at ... or will continue to be harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1). Judge Conte determined that the Division satisfied this ... 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 services the ... 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 ... Division failed to prove prongs one, two, and three of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We disagree, and ...

docket:	a0254-13
court:	NJ Superior Court Appellate Division
decided:	2014-05-13
status:	unpublished
citation:
Document Size:	26083

750 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.D and A.M., SR -- rank: 524

... the 'best interests of the child' test set forth in N.J.S.A. 30:4C- 15.1(a), because that determination is not challenged in this appeal ... the child's best interests. Id. at 151; see also N.J.S.A. 30:4C- 15.1(a) (establishing that termination proceedings are to be determined on ...

docket:	a3188-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-05
status:	Unpublished
citation:
Document Size:	35598