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241 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.F. -- rank: 634

... of parental rights under each of the four prongs of N.J.S.A. 30:4C-15.1(a)(1) to (4). In particular, Rose argues the ... Rita as an alternative to termination of parental rights. See N.J.S.A. 30:4C-15.1(a)(3). She also argues the court gave too ... meet its burden on each of the four prongs of N.J.S.A. 30:4C-15.1. II. In an action to terminate parental rights, the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four, often overlapping elements, "provide a comprehensive ... evidence of harm arising out of the parent-child relationship. N.J.S.A. 30:4C-15.1(a)(1); see K.H.O. , supra , 161 N ... parents also supports the court's prong two decision. See N.J.S.A. 30:4C-15.1(a)(2) (stating harm "may include evidence that ...

docket:	a1348-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-26
status:	unpublished
citation:
Document Size:	48896

242 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.P. and F.H. IN THE MATTER OF S.H., a minor -- rank: 634

... five separate and independent grounds for filing a guardianship petition. N.J.S.A. 30:4C-15 provides in pertinent part that "a petition to terminate parental ... the parent . . . . It is thus clear on the face of N.J.S.A. 30:4C-15 that a finding of abuse or neglect in an action ... parental rights cases appealed to this court are based on N.J.S.A. 30:4C-15 without first bringing an action under Title 9. If there ... expressly held that "termination proceedings, which are brought pursuant to N.J.S.A. 30:4C-15, do not require a prior determination of abuse or neglect ... afford her the opportunity, under the criteria set forth in N.J.S.A. 30:4C-15.3, N.J.S.A. 30:4C-15 requires DYFS to file a petition for the termination ...

docket:	a3564-07
court:	superior court appellate division
decided:	2009-07-17
status:	published
citation:	408 N.J. Super. 252 974 A.2d 466
Document Size:	52613

243 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 631

... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order sibling reunification, the ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A.S.'s and ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division shall initiate a ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four statutory criteria "are not ... 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 ( ...

docket:	a3279-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-27
status:	Published
citation:
Document Size:	85183

244 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 631

... under Rule 1:21-1(a) or arguably implied by N.J.S.A. 30:4C-15.4(a) — may be relaxed if the court concludes ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

245 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.N. -- rank: 631

... three and four of the best interests test embodied in N.J.S.A. 30:4C-15.1(a)(3) and (4). Specifically, defendant argues that the ... all four prongs of the best interests test embodied in N.J.S.A. 30:4C-15.1(a), and thereafter concluded that the Division had satisfied all four prongs by clear and convincing evidence. See N.J.S.A. 30:4C-15.1(c). The judge found "no doubt" that S.N ... good." The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a). It accords with N.J. Div. of Youth ... used as a defense to termination of parental rights under N.J.S.A. 30:4C-15.1(a)(3). [ N.J. Div. of Youth & Family Servs ...

docket:	a4390-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-06
status:	unpublished
citation:
Document Size:	31525

246 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 631

... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order sibling reunification, the ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A.S.'s and ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division shall initiate a ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four statutory criteria "are not ... 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 ( ...

docket:	a2562-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-27
status:	unpublished
citation:
Document Size:	86850

247 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.C. -- rank: 631

... PROVIDED REASONABLE SERVICES TO [M.C.] WITHIN THE MEANING OF N.J.S.A. 30:4C-15.1(a)(3). B. DCPP DID NOT PROVE BY CLEAR ... INVESTIGATED PLACEMENT OF [D.C.] WITH RELATIVES AS REQUIRED BY N.J.S.A. 30:4C-15.1(a)(3). C. DCPP DID NOT PROVE BY CLEAR ... WOULD NOT DO MORE HARM THAN GOOD AS REQUIRED BY N.J.S.A. 30:4C-15.1(a)(4). II. THE JUDGMENT BELOW MUST BE REVERSED ... Division) proved all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a). However, we order a limited, expedited remand to ... parental rights was in the child's best interests. See N.J.S.A. 30:4C-15.1(a)(4) ('[t]ermination of parental rights will not ... satisfied the second prong. See 7 A-5609-15T 1 N.J.S.A. 30:4C-15.1(a)(2) (harm to the child includes evidence ...

docket:	a5609-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-06
status:	unpublished
citation:
Document Size:	29805

248 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.K. -- rank: 631

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four prongs of the best interests standard ... or development was endangered by her relationship with B.K. N.J.S.A. 30:4C-15.1(a)(1). A.K. tested positive at her birth ... the harm that her drug abuse posed to A.K. N.J.S.A. 30:4C-15.1(a)(2). Alternatively, DYFS could also show that B ... has considered alternatives to terminating B.K.'s parental rights. N.J.S.A. 30:4C-15.1(a)(3). As for the first part of that ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] However, DYFS is not required to provide "reasonable ... at family reunification if one of three statutory exceptions applies. N.J.S.A. 30:4C-15.1(d). One of those exceptions is where "[t] ...

docket:	a3089-09
court:	superior court appellate division
decided:	2010-12-23
status:	unpublished
citation:
Document Size:	51686

249 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.M.W and R.A.S., SR. -- rank: 631

... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C-15.1(a). Based on those findings, Judge Jimenez concluded the ... be granted only if the following four prongs enumerated in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence: (1 ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)(1)-(4).] 'The four criteria enumerated in the ... J. at 348. '[T]he cornerstone of the inquiry [under N.J.S.A. 30:4C-15.1(a)] is not whether the biological parents are fit ... parental rights. He argues that under the 2021 amendments to N.J.S.A. 30:4C-15.1(a)(2), L. 2021, c. 154, § 9, and ... the best interests of the children. The 2021 amendment to N.J.S.A. 30:4C-15.1(a)(2) deleted the second sentence of the ...

docket:	a1044-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-15
status:	Unpublished
citation:
Document Size:	33284

250 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.K.H. -- rank: 631

... Although we conclude the statutory requirements for terminating parental rights, N.J.S.A. 30:4C-15.1(a)(1)-(4), were proven by clear and convincing ... by clear and convincing evidence that all four prongs under N.J.S.A. 30:4C-15.1(a) were met, and affirm the order terminating Allen ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] These factors relate to each other ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). "'Reasonable efforts' will vary depending upon the ... J. 1 , 20 (2009))). Having satisfied all four prongs of N.J.S.A. 30:4C-15.1(a), for both parents, there was no error by ...

docket:	a3684-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-19
status:	published
citation:
Document Size:	59011

251 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 631

... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order sibling reunification, the ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A.S.'s and ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division shall initiate a ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four statutory criteria "are not ... 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 ( ...

docket:	a2563-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-27
status:	unpublished
citation:
Document Size:	86850

252 /usr/local/share/www/libweb/collections/courts/appellate/a1625-16a1683-16.opn.html -- rank: 629

... all four prongs of the best interests test pursuant to N.J.S.A. 30:4C- 15.1(a). Peter's law guardian argues the Division failed ... 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 ... a child's best interests.' Id. at 348. As codified, N.J.S.A. 30:4C-15.1(a) requires the Division prove: 31 A-1625-16T4 ... determination the Division established by clear and convincing evidence under N.J.S.A. 30:4C-15.1(a), it was in Peter's best interest to ... 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 ... 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. Victor ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	96542

253 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.J IN THE MATTER OF THE GUARDIANSHIP OF J.C. and N.C., minors -- rank: 629

... to satisfy by clear and convincing evidence the requirements of N.J.S.A. 30:4C-15.1( a ), and, therefore, [Steve'S] parental rights must be ... four-pronged best interests of the child test codified in N.J.S.A. 30:4C-15.1. Under that standard, the Division must demonstrate, by clear ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The harm shown under the first prong must ... that the Division failed to prove the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence and refused to ... harm to his children. This argument misinterprets the scope of N.J.S.A. 30:4C-15.1(a)(1) by focusing on the absence of actual ... interests standard to this case's facts. The second prong, N.J.S.A. 30:4C-15.1(a)(2), addresses whether [t]he parent is ...

docket:	a1745-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	39771

254 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.S.Y. -- rank: 629

... each prong of the best interests test set forth in N.J.S.A. 30:4C-15.1a. Defendant further maintains trial counsel was ineffective. We are ... the Division had satisfied each of the four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. He granted the Division ... supra , 103 N.J. at 602-11, was codified at N.J.S.A. 30:4C-15.1a, and requires the State to establish each of the ... failed attempt to return custody to defendant, were unsuccessful. Under N.J.S.A. 30:4C-15.1a(2), the Division may demonstrate parental unfitness with proof ... in permanent placement' will further harm the child." Ibid. (quoting N.J.S.A. 30:4C-15.1a(2)). See also I.S. , supra , 202 N.J ... not reasonable. R. 2:11-3(e)(1)(E). Under N.J.S.A. 30:4C-15.1a(3), the Division's efforts are "'not measured ...

docket:	a1714-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-22
status:	unpublished
citation:
Document Size:	78083

255 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.A.I. -- rank: 629

... and Permanency (Division) failed to prove all 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), and defendant's parental rights to N.A ... 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 ... that the Division established by clear and convincing evidence under N.J.S.A. 30:4C-15.1(a) that it was in N.A.P.'s ... 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 ... arising out of the parental relationship [that is] cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2)." D.M.H. , supra , ...

docket:	a1590-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-13
status:	unpublished
citation:
Document Size:	32523