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166 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Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO.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:	a0326-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-08
status:	unpublished
citation:
Document Size:	217652

167 DIVISION OF CHILD PROTECTION AND PERMANENCY v. I.S.T. -- rank: 652

... O. , 161 N.J. 337, 347 (1999) (citation omitted). Under N.J.S.A. 30:4C-15.1(a), the Division can initiate a petition to terminate ... or will continue to be endangered by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1). The focus of the first prong is ... serious and enduring emotional or psychological harm to the child[.]" N.J.S.A. 30:4C-15.1(a)(2). Our courts recognize that "reunification becomes increasingly ... and the court considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Reasonable efforts may include helping the parent ... child's progress, development and health; and facilitating appropriate visitation. N.J.S.A. 30:4C-15.1(c). However, the Division need not continue services indefinitely ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). This standard does not require a ...

docket:	a2799-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-15
status:	unpublished
citation:
Document Size:	46673

168 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.K. -- rank: 652

... HOME. (D) DYFS DID NOT PREVAIL ON PRONG FOUR OF N.J.S.A. 30:4C-15.1(a) BECAUSE IT DID NOT PROVE BY CLEAR AND ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275, § 7. The ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not independent of each ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must be one that ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses on parental unfitness ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N. ...

docket:	a5949-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-20
status:	unpublished
citation:
Document Size:	74962

169 DIVISION OF YOUTH AND FAMILY SERVICES v. W.B. and R.R. -- rank: 650

... judge concluded the Division proved the following four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence: (1) The child's ... defendants contend the Division failed to prove each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. R.R. separately contends ... child standard governs this balance and has been codified in N.J.S.A. 30:4C-15.1a. N.J. Div. of Youth & Family Servs. v. P ... terminate parental rights when the Division proves each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. I.S. , supra , 202 ... supra , 189 N.J. at 280. The "'four prongs [of N.J.S.A. 30:4C-15.1a] are not discrete and separate, but relate to and ... 418 , 434 (App. Div. 2001) (first alteration in original) (quoting N.J.S.A. 30:4C-15.1a(2)), certif. denied , 171 N.J. 44 , (2002) "'[ ...

docket:	a2655-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-13
status:	unpublished
citation:
Document Size:	64223

170 DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.B IN THE MATTER OF THE GUARDIANSHIP OF S.B., a minor -- rank: 650

... Court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275, § 7. The ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not independent of each ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must be one that ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses on parental unfitness ... necessitated removal and placement of the child in foster care. N.J.S.A. 30:4C-15.1(a)(3); accord K.H.O. , supra , 161 N ... the family of the child's progress, and facilitating visitation. N.J.S.A. 30:4C-15.1(c). Those efforts depend upon the facts and ...

docket:	a0781-13
court:	NJ Superior Court Appellate Division
decided:	2014-05-29
status:	unpublished
citation:
Document Size:	103837

171 . OF YOUTH AND FAMILY SERVICES v. W.B. and R.R. -- rank: 650

... judge concluded the Division proved the following four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence: (1) The child's ... defendants contend the Division failed to prove each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. R.R. separately contends ... child standard governs this balance and has been codified in N.J.S.A. 30:4C-15.1a. N.J. Div. of Youth & Family Servs. v. P ... terminate parental rights when the Division proves each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. I.S. , supra , 202 ... supra , 189 N.J. at 280. The "'four prongs [of N.J.S.A. 30:4C-15.1a] are not discrete and separate, but relate to and ... 418 , 434 (App. Div. 2001) (first alteration in original) (quoting N.J.S.A. 30:4C-15.1a(2)), certif. denied , 171 N.J. 44 , (2002) "'[ ...

docket:	a3453-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-13
status:	unpublished
citation:
Document Size:	63122

172 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. N.T.S. -- rank: 650

... Division proved all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. 2 The Law ... PROOF AS TO THE FIRST, THIRD AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1(a). A. [N.T.S.] HAS NOT HARMED HIS CHILD WITHIN THE MEANING OF N.J.S.A. 30:4C- 15.1a(1) AND THE TRIAL COURT IMPERMISSIBLY SHIFTED THE BURDEN ... 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. K ... the best interests of the child remains the ultimate consideration. N.J.S.A. 30:4C-15-1(a). The standards governing the termination of parents' rights ... birth and that he was unfairly stigmatized for mental illness. N.J.S.A. 30:4C-15.1(a)(1) requires the Division to prove that ...

docket:	a3442-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-22
status:	unpublished
citation:
Document Size:	44690

173 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R. -- rank: 650

... court's findings on prongs two, three and four of N.J.S.A. 30:4C-15.1(a). We affirm. We derive the following facts from ... judge held that the Division proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. 5 The judge ... not do more harm than good. [ Id. at 448 (quoting 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 ... harm in itself. Id. at 354. "The third prong of N.J.S.A. 30:4C-15.1(a) requires the Division to make reasonable efforts to ... home." R.G. , supra , 217 N.J. at 557 (citing N.J.S.A. 30:4C-15.1(a)(3)). The emphasis on the third prong ...

docket:	a5186-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	unpublished
citation:
Document Size:	35188

174 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.E.S. -- rank: 650

... to prove each of the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Division and ... the child" analysis, applying the "four prong test" defined in N.J.S.A. 30:4C-15.1(a). Judge Baxter found the first prong, the harm ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The requirements should not be considered separately, but ... child arising out of the parental relationship and cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2)." Id. at 380-81. That ... delay in securing permanency would only add to the harm. N.J.S.A. 30:4C-15.1(a)(2). D. Murray next argues the Division's ... removal, and requires the court to consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). Title 30 defines "reasonable efforts" as ...

docket:	a1395-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-11
status:	unpublished
citation:
Document Size:	76541

175 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.W.K.T and D.B -- rank: 650

... Division) failed to prove the third and fourth prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. For 1 We ... the statutory best interests test by clear and convincing evidence, N.J.S.A. 30:4C-15.1(a); and (2) termination of T.T. and D ... TERMINATION WAS IN THE BEST INTERESTS OF THE CHILDREN UNDER N.J.S.A. 30:4C-15 AND N.J.S.A. 30:4C-15.1. A. THE COURT ERRED IN HOLDING THAT DCPP PROVED ... 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 ... the court to 'consider[] alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). 'Reasonable efforts' is defined as 'attempts ...

docket:	a4820-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-13
status:	Unpublished
citation:
Document Size:	33622

176 /usr/local/share/www/libweb/collections/courts/appellate/a1840-17.opn.html -- rank: 650

... Ian'), J.M. ('John'), and E.W. ('Eric') pursuant to N.J.S.A. 30:4C-15.1(a).1 Defendant I.M., the father of the ... 3(d)(12). A-1840-17T2 3 statutory termination criteria, N.J.S.A. 30:4C-15.1(a)(1) to (3). However, we remand for further ... and also as to prong four of the statutory criteria, N.J.S.A. 30:4C-15.1(a)(3) to (4), regarding the mother and the ... 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 ... 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 ... 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. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	66800

177 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.D. and W.H -- rank: 650

... and conclusions of law regarding the four statutory prongs under N.J.S.A. 30:4C-15.1(a), and also made findings as to the credibility ... achieved through the best interests of the child standard[,]' under N.J.S.A. 30:4C-15(c) and the four prongs under N.J.S.A. 30:4C-15.1(a). K.H.O., 161 N.J. at 347-4. To terminate parental rights, N.J.S.A. 30:4C-15.1(a) requires the Division to prove the following four ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove each prong by clear ... serious and enduring emotional or psychological harm to the child.' N.J.S.A. 30:4C-15.1(a)(2) (amended 2021). Notably, the Legislature did ...

docket:	a1746-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-12
status:	Unpublished
citation:
Document Size:	46912

178 DIVISION OF CHILD PROETECTION v. R.L.M. -- rank: 650

... challenge aspects of the court's best interests findings under N.J.S.A. 30:4C-15.1(a)(1)-(4). Jim focuses on prongs three and ... the Public Defender to implement this right to counsel. See N.J.S.A. 30:4C-15.4(a). The right is also embodied in our Rules ... child's separate representation by a law guardian, required by N.J.S.A. 30:4C-15.4(b), does not always satisfy the child's interest ... D.Y. , supra , 218 N.J. at 384. By contrast, N.J.S.A. 30:4C-15.4(a) states "[i]f the parent . . . is indigent and ... to proceed pro se. Nor need we decide definitively whether N.J.S.A. 30:4C-15.4 grants a right to appear pro se with standby ...

docket:	a2849-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-28
status:	published
citation:	450 N.J.Super. 131 160 A.3d 714
Document Size:	68495

179 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES IN THE MATTER OF THE GUARDIANSHIP OF A.R.S-R AND A.C.S–R -- rank: 650

... PARENTAL RIGHTS BY CLEAR AND CONVINCING EVIDENCE AS REQUIRED BY N.J.S.A. 30:4C-15 and 30:4C-15.1. THE TRIAL COURT ERRED IN ... when it is in "the best interests of [any] child." N.J.S.A. 30:4C-15.1(a). The Legislature codified a judicial framework to guide ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a) (codifying N.J. Div. of Youth & Family Servs ... current living situation in finding that the second prong of N.J.S.A. 30:4C-15.1(a) weighed in favor of termination. We disagree. Judge ... to provide a safe and stable home for the child . . . ." N.J.S.A. 30:4C-15.1(a)(2). Courts should not resort to analysis of ... there was insufficient evidence to meet the third prong of N.J.S.A. 30:4C-15.1(a). M.S. argues that DYFS did not ...

docket:	a4581-09
court:	superior court appellate division
decided:	2011-01-25
status:	Unpublished
citation:
Document Size:	51228

180 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.A.B. -- rank: 648

... she addressed the statutory standards governing termination of parental rights, N.J.S.A. 30:4C-15.1(a)(1) to (4), as well as pertinent case ... oral opinion, concluding the Division satisfied the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Both parents appealed ... 161 N.J. at 347. This standard is codified at N.J.S.A. 30:4C-15.1(a) and requires the State to establish each of ... in permanent placement' will further harm the child." Ibid. (quoting N.J.S.A. 30:4C-15.1(a)(2)). The trial court is required to determine ... s progress, development, and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] Whether the Division acted appropriately must be decided ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The court must determine "whether a ...

docket:	a1396-15
court:	NJ Superior Court Appellate Division
decided:	2016-12-28
status:	unpublished
citation:
Document Size:	72885