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211 DIVISION OF YOUTH AND FAMILY SERVICES v. M.R.H. and J.L.R., IV -- rank: 638

... of the best interests of the child test required under N.J.S.A. 30:4C-15.1a for termination of parental rights. He found the testimony ... of the best interests of the child test specified in N.J.S.A. 30:4C-15.1a. Finding sufficient evidence in the record to support the ... When deciding an application for termination of parental rights under N.J.S.A. 30:4C-15.1a, a trial court must apply the "best interests of ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] These factors are not discrete or separate elements, but ... 2 The first prong of the "best interests test" under N.J.S.A. 30:4C-15.1a requires us to determine whether "the child's safety ... 344 N.J. Super. 418 , 434 (App. Div. 2001) (quoting N.J.S.A. 30:4C-15.1(a)(1)), certif. denied , 171 N.J. 44 ( ...

docket:	a5452-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-02
status:	unpublished
citation:
Document Size:	54139

212 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.H. -- rank: 638

... evidence all four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) for termination of J.H.'s and A ... establish the four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under N.J.S.A. 30:4C-15.1(a), the Division may file a petition to terminate ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); I.S. , supra , 202 N.J. at ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). There are two ways to establish the ... K.H.O. , supra , 161 N.J. at 348 (citing N.J.S.A. 30:4C-15.1(a)(2)). The "inquiry is aimed at determining ...

docket:	a2949-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	48935

213 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.K. -- rank: 638

... of the four prongs of the best interest test. See N.J.S.A. 30:4C-15.1(c). The Law Guardian joins the Division in support ... all four prongs of the best interest test codified at 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 and ... enduring emotional or psychological harm" that defendant could not ameliorate. N.J.S.A. 30:4C-15.1(a)(2). Thus, the trial court had ample grounds ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] 8 We recognize that the trial court did ...

docket:	a2862-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-28
status:	unpublished
citation:
Document Size:	45624

214 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.P and T.K.B -- rank: 638

... of the statutory criteria for termination of parental rights under N.J.S.A. 30:4C-15.1(a)(1) to (4). In particular, the judge found ... to be placed at a substantial risk of developmental harm,' N.J.S.A. 30:4C- 15.1(a)(1); Ken was 'unable or unwilling to eliminate ... relationship' particularly because of Ken's failed efforts at reunification, N.J.S.A. 30:4C-15.1(a)(2); the Division made reasonable efforts to reunify ... rights, including the adequacy of placement with Jane and Wyatt, N.J.S.A. 30:4C-15.1(a)(3); and termination of Ken's parental rights will not cause Sara more harm than good, N.J.S.A. 30:4C-15.1(a)(4). Judge Gaus found that Drs. Singer and ... 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 ...

docket:	a2622-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-22
status:	Unpublished
citation:
Document Size:	41729

215 DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.F IN THE MATTER OF R.J.F Minor -- rank: 638

... 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). The Division must show that: (1) The child's ... 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 ... hew to that standard of review. The first two prongs, N.J.S.A. 30:4C-15.1(a)(1) and (2), are related "components of the ... 365 , 379 (1999). Because here, the first two prongs of N.J.S.A. 30:4C-15.1(a) are factually intertwined, we "address prongs one and ... parental relationship" if he is placed in Father's care. N.J.S.A. 30:4C-15.1(a)(1); see N.J. Div. of Youth & ...

docket:	a4637-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-04
status:	Published
citation:
Document Size:	62660

216 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.I and J.M. -- rank: 638

... 1092-21 8 and convincing evidence the four prongs under N.J.S.A. 30:4C-15.1(a). Thus, he terminated Carol's and John's ... v. J.R., 442 U.S. 584, 603 (1979)). Under N.J.S.A. 30:4C-15.1(a), the Division must satisfy the following prongs by ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read, '[s]uch harm may include ... s opinion to conclude the Division satisfied its burden under N.J.S.A. 30:4C-15.1(a)(2). A-1092-21 11 Here, it is ... four prongs of the best interests of the child test, N.J.S.A. 30:4C- 15.1(a), and his findings are well supported by substantial ... judge erred in finding the Division satisfied prong one under N.J.S.A. 30:4C-15.1(a). We disagree. The first prong of the ...

docket:	a1092-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-11
status:	Unpublished
citation:
Document Size:	35540

217 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.H. -- rank: 638

... evidence all four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) for termination of J.H.'s and A ... establish the four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under N.J.S.A. 30:4C-15.1(a), the Division may file a petition to terminate ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); I.S. , supra , 202 N.J. at ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). There are two ways to establish the ... K.H.O. , supra , 161 N.J. at 348 (citing N.J.S.A. 30:4C-15.1(a)(2)). The "inquiry is aimed at determining ...

docket:	a5421-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	47892

218 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.M.B. and T.B.L. -- rank: 638

... convincing evidence. A four-part standard embodied both in statute, N.J.S.A. 30:4C-15.1a, and in case law, see , e.g. , Division of ... the parental rights of surrendering parent(s) are reinstated. See N.J.S.A. 30:4C-15.1, because he had surrendered all of his rights as ... that [it] wished to proceed against [T.B.L.] under N.J.S.A. 30:4C-15.1 regardless of his voluntary surrender.     [T.B.L.], after ... court notes that a termination of parental rights as per N.J.S.A. 30:4C-15.1 does create certain significant ramifications that would not exist ... of the four-part termination of parental rights requirements of N.J.S.A. 30:4C-15.1 is that the Division must show that [it has ... prior termination of parental rights as to the parents. See N.J.S.A. 30:4C-15.1(d).     Accordingly, requiring the Division to accept the " ...

docket:	a5361-03
court:	njappellate
decided:	2005-02-15
status:	published
citation:	*CITE_PENDING*
Document Size:	21413

219 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.H. -- rank: 638

... evidence all four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) for termination of J.H.'s and A ... establish the four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under N.J.S.A. 30:4C-15.1(a), the Division may file a petition to terminate ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); I.S. , supra , 202 N.J. at ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). There are two ways to establish the ... K.H.O. , supra , 161 N.J. at 348 (citing N.J.S.A. 30:4C-15.1(a)(2)). The "inquiry is aimed at determining ...

docket:	a5420-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	47916

220 /usr/local/share/www/libweb/collections/courts/appellate/a2949-10a2950-10a5420-10a5421-10.opn.html -- rank: 638

... evidence all four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) for termination of J.H.'s and A ... establish the four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under N.J.S.A. 30:4C-15.1(a), the Division may file a petition to terminate ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); I.S. , supra , 202 N.J. at ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). There are two ways to establish the ... K.H.O. , supra , 161 N.J. at 348 (citing N.J.S.A. 30:4C-15.1(a)(2)). The "inquiry is aimed at determining ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	48715

221 DIVISION OF YOUTH AND FAMILY SERVICES v. M.R.H. and J.L.R., IV -- rank: 638

... of the best interests of the child test required under N.J.S.A. 30:4C-15.1a for termination of parental rights. He found the testimony ... of the best interests of the child test specified in N.J.S.A. 30:4C-15.1a. Finding sufficient evidence in the record to support the ... When deciding an application for termination of parental rights under N.J.S.A. 30:4C-15.1a, a trial court must apply the "best interests of ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] These factors are not discrete or separate elements, but ... 2 The first prong of the "best interests test" under N.J.S.A. 30:4C-15.1a requires us to determine whether "the child's safety ... 344 N.J. Super. 418 , 434 (App. Div. 2001) (quoting N.J.S.A. 30:4C-15.1(a)(1)), certif. denied , 171 N.J. 44 ( ...

docket:	a5409-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-02
status:	unpublished
citation:
Document Size:	54139

222 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.M.B. and T.B.L. -- rank: 638

... convincing evidence. A four-part standard embodied both in statute, N.J.S.A. 30:4C-15.1a, and in case law, see , e.g. , Division of ... the parental rights of surrendering parent(s) are reinstated. See N.J.S.A. 30:4C-15.1, because he had surrendered all of his rights as ... that [it] wished to proceed against [T.B.L.] under N.J.S.A. 30:4C-15.1 regardless of his voluntary surrender.     [T.B.L.], after ... court notes that a termination of parental rights as per N.J.S.A. 30:4C-15.1 does create certain significant ramifications that would not exist ... of the four-part termination of parental rights requirements of N.J.S.A. 30:4C-15.1 is that the Division must show that [it has ... prior termination of parental rights as to the parents. See N.J.S.A. 30:4C-15.1(d).     Accordingly, requiring the Division to accept the " ...

docket:	a5075-03
court:	njappellate
decided:	2005-02-15
status:	published
citation:	375 N.J. Super. 141
Document Size:	21437

223 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.H. -- rank: 638

... evidence all four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) for termination of J.H.'s and A ... establish the four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under N.J.S.A. 30:4C-15.1(a), the Division may file a petition to terminate ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); I.S. , supra , 202 N.J. at ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). There are two ways to establish the ... K.H.O. , supra , 161 N.J. at 348 (citing N.J.S.A. 30:4C-15.1(a)(2)). The "inquiry is aimed at determining ...

docket:	a2950-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	48935

224 DIVISION OFCHILD PROTECTION AND PERMANENCY v. S.M. -- rank: 636

... Division) failed to prove two of the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian ... the four prongs of the best interests test, codified in N.J.S.A. 30:4C-15.1(a). Consequently, the judge terminated defendant's parental rights ... 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 ... 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:	a3446-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-04
status:	unpublished
citation:
Document Size:	58037

225 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.I. -- rank: 636

... 103 N.J. at 604-11, is now codified in N.J.S.A. 30:4C-15.1(a), and requires the State establish each of the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria are not discreet or separate ... best interests" test be "viewed in light of amendments to N.J.S.A. 30:4C-15, which brought New Jersey in conformity with the Federal Adoption ... the court to consider alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a). This could include the children's placement with ... be considered in order to satisfy the third [prong] of N.J.S.A. 30:4C-15.1." N.J. Div. of Youth & Family Servs. v. S ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). The prong "serves as a fail- ...

docket:	a1749-13
court:	superior court trial
decided:	2015-03-13
status:	unpublished
citation:
Document Size:	73970