Search Rutgers Law Library N.J. Court Opinions

151 /usr/local/share/www/libweb/collections/courts/supreme/a4151-15.opn.html -- rank: 657

... of the best interests of the child standard embodied in N.J.S.A. 30:4C-15.1(a). The Division and the Law Guardian disagree and ... the four prongs of the best interests test, codified in N.J.S.A. 30:4C-15.1a(1) to (4), that: (1) The child's safety ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a(1) to (4). See also N.J. Div. of ... or will continue to be endangered by the parental relationship". N.J.S.A. 30:4C-15.1(a)(1). To satisfy this prong, the Division must ... s conclusion that the Division established the second prong of N.J.S.A. 30:4C-15.1(a) with clear and convincing evidence. Porscha and Anwan ... the court has considered alternatives to termination of parental rights". N.J.S.A. 30:4C-15.1(a)(3). "[A]n evaluation of the efforts ...

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court:	NJ Superior Court Law/Chancery Division
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152 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 657

... s (Division) proofs under the best interests test, defined in N.J.S.A. 30:4C-15.1(a). The Division and Law Guardian disagree and argue ... s proofs under each of the four prongs delineated in N.J.S.A. 30:4C-15.1(a), 11 and concluded the Division had carried its ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The process for terminating parental rights is a ... decision. The judge's opinion tracked the statutory requirements of N.J.S.A. 30:4C-15.1(a). In addition, the judge's decision accords with ... 417 N.J. Super. 228 , 244 (App. Div. 2010) (quoting N.J.S.A. 30:4C-15.1(a)(2)), certif. denied sub nom. N.J. Dep ... efforts to provide appropriate services and consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). Title 30 defines "reasonable efforts" as ...

docket:	a4102-13
court:	superior court trial
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	60218

153 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.H. -- rank: 655

... clear and convincing evidence prongs two, three and four of N.J.S.A. 30:4C:15-1(a). John only challenges the judge's findings on ... 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 and separate ... arising out of the parental relationship [that is] cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2)." Id. at 380-81. "The ... continues the significant harm to the child in satisfaction of N.J.S.A. 30:4C-15.1(a)(2). [ N.J. Div. of Youth & Family Servs ... of the children from the home." Id. at 452 (quoting N.J.S.A. 30:4C-15.1(a)(3)). The emphasis on the third prong is ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The fourth prong serves as a "' ...

docket:	a2120-14
court:	NJ Superior Court Appellate Division
decided:	2016-01-11
status:	unpublished
citation:
Document Size:	29023

154 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.C and C.A.R -- rank: 655

... ONE, THREE, AND FOUR OF A-2656-19T1 3 THE N.J.S.A. 30:4C-15.1(a) TEST FOR TERMINATION OF PARENTAL RIGHTS BY CLEAR AND CONVINCING EVIDENCE A. DCPP DID NOT PROVE N.J.S.A. 30:4C- 15.1(a)(1), BECAUSE IT DID NOT PROVE BY CLEAR ... B. DCPP DID NOT PROVE THE REASONABLE EFFORTS REQUIREMENT OF N.J.S.A. 30:4C- 15.1(a)(3) BY CLEAR AND CONVINCING EVIDENCE C. DCPP DID NOT PROVE N.J.S.A. 30:4C- 15.1(a)(4), THAT TERMINATION WOULD NOT DO MORE HARM ... the child's best interest to terminate parental rights. Specifically, N.J.S.A. 30:4C-15.1(a) requires the Division to prove four prongs by ... the Division proved the second prong of the statutory test, N.J.S.A. 30:4C-15.1(a)(2), by clear and convincing evidence. That ...

docket:	a2656-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-14
status:	Unpublished
citation:
Document Size:	47632

155 DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.T and C.C IN THE MATTER OF THE GUARDIANSHIP OF AM.T., J.T and AL.T Minors -- rank: 655

... terminating their parental rights to their three children pursuant to N.J.S.A. 30:4C-15.1(a). On appeal, each parent argues that the court ... I THE TRIAL COURT MISAPPLIED THE LEGAL STANDARDS CONTEMPLATED BY N.J.S.A. 30:4C-15.1a AND ERRED IN CONCLUDING THESE LEGAL STANDARDS WERE SATISFIED ... EVIDENCE THAT [GREG] HARMED HIS CHILDREN WITHIN THE MEANING OF N.J.S.A. 30:4C-15.1a(1). B. THE TRIAL COURT ERRED IN CONCLUDING THAT ... TO ELIMINATE HARM TO HIS CHILDREN WITHIN THE MEANING OF N.J.S.A. 30:4C-15.1a(2). C. THE TRIAL COURT ERRED IN CONCLUDING THAT ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." F.M. , supra , 211 N.J. at 447 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The above requirements should not be considered ...

docket:	a4982-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	93164

156 DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.R. -- rank: 655

... of Child Protection and Permanency (Division) proved prong three of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Specifically, defendant argues ... court analyzed the four-prong best interest standard delineated in N.J.S.A. 30:4C-15.1(a) and found the Division proved all four prongs ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] In the present appeal, defendant only challenges the ... additional aspect of the four-prong "best interests" test in N.J.S.A. 30:4C-15.1(a). Ibid. Indeed, the Division's evaluation of a ... L.W. , supra , 419 N.J. Super. at 583 (citing N.J.S.A. 30:4C-15.1(c)(1)). If the Division "fails to comply with ...

docket:	a0087-15
court:	NJ Superior Court Appellate Division
decided:	2016-12-01
status:	unpublished
citation:
Document Size:	44251

157 /usr/local/share/www/libweb/collections/courts/appellate/a0586-15.opn.html -- rank: 655

... to terminate a parent's custodial rights to a child. N.J.S.A. 30:4C-15(a) (allowing petition to terminate parental rights based on adjudication ...

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court:	NJ Superior Court Law/Chancery Division
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citation:	448 N.J.Super. 374 153 A.3d 941
Document Size:	88602

158 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.W. -- rank: 652

... see N.J.S.A. 30:4C-1(a). Under N.J.S.A. 30:4C-15.1(a), the Division must prove by clear and convincing ... v. F.M. , 211 N.J. 420 , 447 (2012); see N.J.S.A. 30:4C-15(c). 3 The Division must show that: (1) The child ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are not 'discrete and ... review. III. "[T]he two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related to one another ... parental relationship" if the children are placed in their care. N.J.S.A. 30:4C-15.1(a)(1). The Division "does not have to wait ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). The issues that led the Division ...

docket:	a1846-11xx
court:	NJ Superior Court Appellate Division
decided:	2014-01-10
status:	unpublished
citation:
Document Size:	53679

159 /usr/local/share/www/libweb/collections/courts/appellate/a0197-12xx.opn.html -- rank: 652

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-0194-12T4 A-0197-12T4 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v ...

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court:	NJ Superior Court Law/Chancery Division
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160 DIVISION OF YOUTH AND FAMILY SERVICES v. L.D.-S IN THE MATTER OF THE GUARDIANSHIP OF L.A.D.S a Minor -- rank: 652

... and convincing evidence the four prongs of the termination statute. N.J.S.A. 30:4C-15.1(a). She also argues, for the first time on ... 556 (1994) ("[T]ermination proceedings, which are brought pursuant to N.J.S.A. 30:4C-15, do not require a prior determination of abuse or neglect ... prove each of the four prongs of the termination statute, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. We disagree, and ... 103 N.J. 591 , 604-11 (1986) and codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination when the Division ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These criteria are neither separate nor discrete. In ...

docket:	a5841-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-10
status:	Published
citation:
Document Size:	74606

161 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.M. -- rank: 652

... placed in foster care, DYFS may file a complaint under N.J.S.A. 30:4C-15(c) alleging that termination is in "the best interests" of ... Super. 435 , 439 (App. Div. 2002). Termination actions brought under N.J.S.A. 30:4C-15.1(a) are decided under a four-prong "best interests ... N.J. 591 , 604-11 (1986), and now codified in N.J.S.A. 30:4C-15.1(a). Under that standard, parental rights may be terminated ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The "four [prongs] enumerated in the best interests ... to be endangered by the parental relationship," as required by N.J.S.A. 30:4C-15.1(a)(1). Id. at 39. We concluded that "[i ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). We found in our prior opinion ...

docket:	a6020-08
court:	superior court appellate division
decided:	2010-03-23
status:	published
citation:	414 N.J. Super. 56 997 A.2d 1010
Document Size:	87237

162 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.W. -- rank: 652

... see N.J.S.A. 30:4C-1(a). Under N.J.S.A. 30:4C-15.1(a), the Division must prove by clear and convincing ... v. F.M. , 211 N.J. 420 , 447 (2012); see N.J.S.A. 30:4C-15(c). 3 The Division must show that: (1) The child ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are not 'discrete and ... review. III. "[T]he two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related to one another ... parental relationship" if the children are placed in their care. N.J.S.A. 30:4C-15.1(a)(1). The Division "does not have to wait ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). The issues that led the Division ...

docket:	a1845-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-10
status:	unpublished
citation:
Document Size:	53679

163 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J. -- rank: 652

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-0194-12T4 A-0197-12T4 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v ...

docket:	a0194-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-08
status:	unpublished
citation:
Document Size:	217652

164 /usr/local/share/www/libweb/collections/courts/appellate/a4736-15.opn.html -- rank: 652

... prongs of the statutory best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a)(1)-(4). In addition, Harry contended the judge ... 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 ... 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 ... discussion. R. 2:11-3(e)(1)(E). C. Under N.J.S.A. 30:4C-15.1(a)(2), 'the inquiry centers on whether the parent ... short, the prong two evidence was clear and convincing. D. N.J.S.A. 30:4C-15.1(a)(3) requires the Division to make 'reasonable efforts ... 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 ...

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165 /usr/local/share/www/libweb/collections/courts/appellate/a3546-15a3547-15a3548-15a3549-15.opn.html -- rank: 652

... prongs of the best interests of the child test under N.J.S.A. 30:4C-15.1(a). The Law Guardian argues that the Division proved ... is able to continue a parental relationship without recurrent 3 N.J.S.A. 30:4C-15.1(a)(1). 4 N.J.S.A. 30:4C-15.1(a)(2). 21 A-3546-15T1 harm to the ... with parental unfitness, the two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related to one another ... the court has considered alternatives to termination of parental rights[.]' N.J.S.A. 30:4C-15.1(a)(3). It requires the Division 'to undertake diligent ...

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court:	NJ Superior Court Law/Chancery Division
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