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271 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.M.W and S.O.F -- rank: 624

... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] See also A.W., 103 N.J. at ... 418, 434 (App. Div. 2001) (first alteration in original) (quoting N.J.S.A. 30:4C-15.1(a)(2)). [T]he second prong may be met ... litigation risk that a Family Part judge will conclude, under N.J.S.A. 30:4C- 15.1(a)(3), that it has failed to prove by ... to termination of parental rights' were considered as required by N.J.S.A. 30:4C-15.1(a)(3). N.J.S.A. 30:4C-12 ...

docket:	a5369-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Unpublished
citation:
Document Size:	46450

272 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.D. -- rank: 624

... satisfy each of the four prongs of the statutory test, N.J.S.A. 30:4C-15.1(a), to prove guardianship was in the best interests ... 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 and 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 ... requires the court consider alternatives to termination of parental rights, N.J.S.A. 30:4C-15.1(a), such as placement with a relative caretaker, N ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). It "serves as a fail-safe ...

docket:	a5317-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-07
status:	unpublished
citation:
Document Size:	54638

273 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.F., a/k/a R.H and I.W -- rank: 624

... the best-interests-of-the- child standard set forth in N.J.S.A. 30:4C-15.1(a). Based on those findings, Judge Forrest concluded the ... best-interests-of-the-child standard, as set forth in N.J.S.A. 30:4C-15.1(a)(4). On remand, Rae moved for relief from ... only be granted 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 ... the guardianship complaint was filed and this matter was tried, N.J.S.A. 30:4C-15.1(a)(2) also provided that '[s]uch harm ...

docket:	a4266-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-03
status:	Unpublished
citation:
Document Size:	36754

274 NEW JERSEY OF DIVISON OF CHILD PROTECTION AND PERMANENCY v. W.I.L -- rank: 624

... four prongs of the best-interests-of-the-child test, N.J.S.A. 30:4C- 15.1(a), by clear and convincing evidence. In view of ... 5 of the best-interests-of-the-child statutory test. N.J.S.A. 30:4C-15.1(a). That statute requires the Division prove by clear ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C- 15.1(a)(2). A-4701-16T1 10 Under the second ... placement would cause serious and enduring mental or emotional impairment. N.J.S.A. 30:4C-15.1(a)(2). Under this alternative approach, a trial court ... 161 N.J. at 382 (finding the second prong from N.J.S.A. 30:4C-15.1(a) established partly based upon the court-appointed expert ... court has considered alternatives to the termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). As a result, the trial court ...

docket:	a4701-16
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	42381

275 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.J.R. -- rank: 624

... proved by clear and convincing evidence the four prongs of N.J.S.A. 30:4C-15.1a and, therefore, terminated defendant's parental rights to A ... or will continue to be endangered by the parental relationship[,]" N.J.S.A. 30:4C-15.1a(1), because defendant knew of F.P.'s limited ... to provide a safe and stable home for the child[,]" N.J.S.A. 30:4C-15.1a(2), the court found that defendant demonstrated an unwillingness ... which led to the child's placement outside the home[,]" N.J.S.A. 30:4C-15.1a(3), the court found that DYFS complied "to the ... of parental rights will not do more harm than good[,]" N.J.S.A. 30:4C-15.1a(4), the court found credible Dr. Williams's testimony ... following issues: I. DYFS FAILED TO ESTABLISH EACH ELEMENT OF N.J.S.A. 30:4C-15.1. A. DYFS Failed To Prove Harm To [A. ...

docket:	a5396-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-12
status:	unpublished
citation:
Document Size:	44864

276 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.F. and J.G -- rank: 624

... prongs of the best interests of the child standard under N.J.S.A. 30:4C-15.1. After a review of the contentions in light of ... Division failed to establish the four required statutory factors under N.J.S.A. 30:4C-15.1. We defer to the trial court's findings of ... best interests of the child standard[ ,]' which is named in N.J.S.A. 30:4C-15(c) and elaborated in N.J.S.A. 30:4C-15.1(a) as four prongs. K.H.O., 161 N ... 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 ... to find the Division satisfied the first three prongs of N.J.S.A. 30:4C-15.1(a). After a lengthy and thorough recitation of ...

docket:	a3076-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-31
status:	Unpublished
citation:
Document Size:	43978

277 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.C. -- rank: 624

... oral opinion, concluding the Division established all four prongs of N.J.S.A. 30:4C-15.1(a), and ordered termination of the mother's parental ... s proofs were insufficient to satisfy all four prongs in N.J.S.A. 30:4C-15.1(a). After perusing the evidence and considering the applicable ... of-the-child test by showing all four prongs in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, in order to ... s challenge the Division failed to meet each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, and address the ... nor posed a risk of harm to the child. See N.J.S.A. 30:4C-15.1(a)(1), (2). The claim lacks merit. Providing proof ... 419 N.J. Super. 568 , 579 (App. Div. 2011) (citing N.J.S.A. 30:4C-15.3(a)), who now wish to adopt her and ...

docket:	a3983-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-19
status:	unpublished
citation:
Document Size:	28708

278 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.R.-R. -- rank: 624

... three of the statutory four-prong best interests test under N.J.S.A. 30:4C-15.1(a), alternatives to termination of 1 We employ initials ... 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 ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- 15.1(a) requires the Division prove by clear and convincing ... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C- 15.1(a). Based on those findings, the judge determined the ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O., 161 N.J ... the [judge] has considered alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). 'Reasonable efforts may include consultation with ...

docket:	a0716-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-10
status:	Unpublished
citation:
Document Size:	51773

279 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.S.-S and M.M. and V.G -- rank: 624

... fourth prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a). She also contends the judge's decision 'is ... the first and second prongs of the best interests test, N.J.S.A. 30:4C-15.1(a)(1) and (2), the judge found the girls ... prongs of the best interests test. Under the third prong, N.J.S.A. 30:4C-15.1(a)(3), the judge addressed the Division's efforts ... best interests test. Under the fourth prong of the statute, N.J.S.A. 30:4C-15.1(a)(4), the judge found neither girls had a ... interests test.' Id. at 9. Under the 'best interests test,' N.J.S.A. 30:4C-15.1(a),7 the Division must satisfy the following prongs ... the statute in July 2021, eliminating the second sentence of N.J.S.A. 30:4C-15.1(a)(2). The amendment took effect after the ...

docket:	a2478-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-03
status:	Unpublished
citation:
Document Size:	68200

280 /usr/local/share/www/libweb/collections/courts/appellate/a4668-18.opn.html -- rank: 622

... four prongs of the best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. On appeal, defendant ... elements of the best-interests-of-the-child statutory test. N.J.S.A. 30:4C-15.1(a). That statute requires the Division prove by clear ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). This prong, which is closely related to ... placement would cause serious and enduring mental or emotional impairment. N.J.S.A. 30:4C-15.1(a)(2). Under this alternative approach, a trial court ... 161 N.J. at 382 (finding the second prong from N.J.S.A. 30:4C-15.1(a) established partly based upon the court-appointed expert ... court has considered alternatives to the termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). As a result, the trial court ...

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281 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.P. -- rank: 622

... clear and convincing evidence prongs one, two and four of N.J.S.A. 30:4C:15.1(a). For the following reasons, we affirm. Our Supreme ... 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 parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). 2 The fourth prong serves as a ... factual findings and legal conclusions as to each prong of N.J.S.A. 30:4C-15.1(a), and thereafter concluded the Division met by ...

docket:	a5188-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-18
status:	unpublished
citation:
Document Size:	22205

282 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.R. -- rank: 622

... convincing evidence all four of the criteria for termination under N.J.S.A. 30:4C-15.1(a). On appeal, defendant contends that the Division failed ... defendant had endangered the child in the past (prong one), N.J.S.A. 30:4C-15.1(a)(1); is unable or unwilling to provide a ... and further delay will add to that harm (prong two), N.J.S.A. 30:4C-15.1(a)(2); the Division had made reasonable efforts to ... services, which defendant failed to attend or complete (prong three), N.J.S.A. 30:4C-15.1(a)(3); and that the factual and expert proofs ... will not cause Nate more harm than good (prong four), N.J.S.A. 30:4C-15.1(a)(4). Our scope of review on appeal is ...

docket:	a1850-15
court:	NJ Superior Court Appellate Division
decided:	2016-11-15
status:	unpublished
citation:
Document Size:	17014

283 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.M.F.,1 and A.H.G -- rank: 620

... evidence each prong of the statutory best interests test under N.J.S.A. 30:4C-15.1(a). The Law Guardian seeks affirmance. We disagree with ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C-15.1(a) requires the Division prove by clear and convincing ... enacted L. 2021 c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which reads '[s]uch harm may include ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O., 161 N.J ... the [judge] has considered alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). 'Reasonable efforts may include consultation with the ... by clear and convincing evidence. D. The fourth prong of N.J.S.A. 30:4C-15.1(a)(4) serves as 'a 'fail-safe' inquiry ...

docket:	a0980-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-14
status:	Unpublished
citation:
Document Size:	44002

284 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.C.A. -- rank: 620

... four-prong best interests of the child test delineated in N.J.S.A. 30:4C- 15.1(a). It found that the Division proved each prong ... amendment to prong two of best interests test contained in N.J.S.A. 30:4C- 15.1(a). We review this interpretation de novo and need ... best interests of the child' test, which is codified in N.J.S.A. 30:4C-15.1(a). That statute delineates a four-part inquiry which ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] To prevail, the Division must establish the above ... serious and enduring emotional or psychological harm to the child.' N.J.S.A. 30:4C-15.1(a)(2) (amended 2021). The Legislature did not alter ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). 'The question ultimately is not whether ...

docket:	a0735-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-27
status:	Published
citation:
Document Size:	44303

285 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.C. -- rank: 620

... Child Protection and Permanency (Division) proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. She also argues ... 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 identifies a child's best interests.' Id. at 348. N.J.S.A. 30:4C-15.1(a) requires the Division to prove: (1) The child ... 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 380-81. The ... which led to the child's placement outside the home[.]' N.J.S.A. 30:4C-15.1(a)(3). The Division's efforts must be ...

docket:	a2083-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-03
status:	Unpublished
citation:
Document Size:	31297