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316 /usr/local/share/www/libweb/collections/courts/appellate/a3282-20.opn.html -- rank: 611

... the bests interests of the child standard,' as noted in N.J.S.A. 30:4C-15(c) and elaborated upon in N.J.S.A. 30:4C-15.1(a)). To terminate parental rights, N.J.S.A. 30:4C-15.1(a) requires the Division to prove four prongs by ... the Legislature enacted L. 2021 c.154, § 9 amending N.J.S.A. 30:4C-15.1(a) pertaining to the standards for terminating parental rights. Specifically, the Legislature amended N.J.S.A. 30:4C- 15.1(a)(2) to exclude from consideration in a termination ... AT PROVIDING SERVICES IN VIOLATION OF THE THIRD PRONG OF N.J.S.A. 30:4C-15.1(a). [POINT VI] THE TRIAL [JUDGE] ERRED IN ...

docket:
court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	40438

317 DIVISION OF YOUTH AND FAMILY SERVICES v. G.S. and N.K.C -- rank: 611

... failed to establish the four-pronged test set forth in N.J.S.A. 30:4C-15.1 by clear and convincing evidence. In both her oral ... 161 N.J. 337, 347 (1999). That standard, codified at N.J.S.A. 30:4C-15.1(a), states that parental rights may be terminated if ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). [T]he trial court must consider whether ... the third prong by clear and convincing evidence. Pursuant to N.J.S.A. 30:4C-15.1(c), reasonable efforts include, but are not limited to ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Here, the judge concluded "[t]he Division ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The Supreme Court has focused on " ...

docket:	a5982-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-30
status:	unpublished
citation:
Document Size:	75446

318 DIVISION OF YOUTH AND FAMILY SERVICES v. G.S. and N.K.C -- rank: 611

... failed to establish the four-pronged test set forth in N.J.S.A. 30:4C-15.1 by clear and convincing evidence. In both her oral ... 161 N.J. 337, 347 (1999). That standard, codified at N.J.S.A. 30:4C-15.1(a), states that parental rights may be terminated if ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). [T]he trial court must consider whether ... the third prong by clear and convincing evidence. Pursuant to N.J.S.A. 30:4C-15.1(c), reasonable efforts include, but are not limited to ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Here, the judge concluded "[t]he Division ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The Supreme Court has focused on " ...

docket:	a5960-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-30
status:	unpublished
citation:
Document Size:	75446

319 In the Matter of the Guardianship of DMH, CLHW, LFH, and RQH, Minors -- rank: 611

... N.J. __ (1999), involves the termination of parental rights under N.J.S.A. 30: 4C-15.1(a) , and also involves the alternative standard of abandonment ... made findings in terms of the abandonment standard for termination, N.J.S.A. 30:4C-15.1 (a) for termination, which includes harm to the child ... under 103 N.J. 591 (1986), and later codified in N.J.S.A . 30:4C-15.1(a).     Under the statute, parental rights may be terminated ... of parental rights will not do more harm than good. [ N.J.S.A . 30:4C-15.1(a) (1998).] See footnote 3     The alternative statutory standard ... s progress, development and health; and         (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).]     The New Jersey Administrative Code also provides guidelines ... the court has considered alternatives to termination of parental rights[.]” N.J.S.A. 30:4C-15.1(a)(3). See footnote 9     It is clear ...

docket:	a-8-98
court:	njsupreme
decided:	1999-08-03
status:
citation:	161 N.J. 365
Document Size:	55224

320 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.R. -- rank: 611

... failed to prove the second, third, and fourth prongs of N.J.S.A. 30:4C-15.1a, pertaining to: the parent's unwillingness or inability to protect the child, N.J.S.A. 30:4C-15.1a(2); reasonable efforts by the Division of Youth and ... Family Services (the Division or DYFS) to provide corrective services, N.J.S.A. 30:4C-15.1a(3); and the balance of benefit and harm from termination of parental rights, N.J.S.A. 30:4C-15.1a(4). We affirm substantially for the reasons that Judge ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] These four, often overlapping elements, "provide a comprehensive standard ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1a(1). However, as the four statutory factors interrelate, ...

docket:	a1766-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-16
status:	unpublished
citation:
Document Size:	44685

321 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.C.A. and J.J.C.B. -- rank: 611

... case regarding the issue of whether the 2021 amendments to N.J.S.A. 30:4C:15.1(a) barred all evidence of a child's relationship ... prongs of the best interests of the child standard under N.J.S.A. 30:4C-15.1(a) and terminated defendants' parental rights to Sam. In ... best interests of the child standard[,]' which is established 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 ... with defendants' contentions regarding the first and second prongs of N.J.S.A. 30:4C-15.1(c). Divina argues that the court erred in ...

docket:	a0886-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-03
status:	Unpublished
citation:
Document Size:	43545

322 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.B.G. -- rank: 611

... rights were terminated by a judgment of guardianship entered under N.J.S.A. 30:4C-15.1(a) following a trial. Anna and Allen appealed the ... relationship with her children endangered their safety, health or development, N.J.S.A. 30:4C- 15.1(a)(1), we stated: Anna was suffering from a ... eliminate the harms facing her children. Id. at 20; See N.J.S.A. 30:4C-15.1(a)(2). We stated: that the Division proved prong ... provide services to the parents. Id. at 17-18; See N.J.S.A. 30:4C-15.1(a)(3). Anna was provided with multiple psychological evaluations ... do more harm than good. Id. at 19-21; See N.J.S.A. 30:4C-15.1(a). [T]he trial court's conclusion that termination ...

docket:	a1061-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-15
status:	Unpublished
citation:
Document Size:	40506

323 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.B and C.N -- rank: 611

... its statutory burden under the four-prong best interests test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. The Division established ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- -15.1(a) A-3194-21 3 requires the Division prove ... 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 ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). '[T]he relevant inquiry focuses on the ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The Division can establish the second prong ... 2) the court 'considered alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). Cynthia does not challenge the judge' ...

docket:	a3194-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-15
status:	Unpublished
citation:
Document Size:	29945

324 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.R. -- rank: 608

... alleged failure to consider alternatives to termination as required by N.J.S.A. 30:4C-15.1(a)(3), or to place the children together or ... of the statutory 'best interests of the child' test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian ... adduced during the five-day trial, all four prongs of N.J.S.A. 30:4C-15.1(a). At trial, the Division relied upon documentary evidence ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and ... further the goal of family reunifications; . . . and facilitating appropriate visitation.' N.J.S.A. 30:4C-15.1(a)(3). Services provided by the Division must be ... court's determination that the Division satisfied the criteria under N.J.S.A. 30:4C-15.1(a). Finally, we disagree with Brenda's claim ...

docket:	a5613-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-14
status:	Unpublished
citation:
Document Size:	43590

325 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.A.W. -- rank: 608

... prove the four prongs of the best interests standard of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The Law Guardian joins ... Division satisfied all four prongs of the best interests test, N.J.S.A. 30:4C-15.1. On appeal, Mary and Roger raise numerous arguments directed ... rights must be terminated in the child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division of Child Protection and ...

docket:	a1112-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-22
status:	unpublished
citation:
Document Size:	43499

326 DIVISION OF YOUTH AND FAMILY SERVICES v. H.M. and J.C., II IN THE MATTER OF THE GUARDIANSHIP OF J.C., III a Minor -- rank: 608

... went on to analyze each of the four factors of N.J.S.A. 30:4C-15.1(a) and found that the Division had satisfied each ... satisfied the elements of each of the four factors of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. A more highly ... criticism of the Division's evidence related to factor three, N.J.S.A. 30:4C-15.1(a)(3) ("The Division has made reasonable efforts to ... H.O. , supra , 161 N.J. at 347. Pursuant to N.J.S.A. 30:4C-15.1(a), parental rights may be terminated when the following ... H. , supra , 172 N.J. at 464. The first factor, N.J.S.A. 30:4C-15.1(a)(1), focuses "on the effect of harms arising ... claims that the trial court erred by finding, pursuant to N.J.S.A. 30:4C-15.1(a)(3), that the Division made sufficient efforts ...

docket:	a5520-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-13
status:	unpublished
citation:
Document Size:	65026

327 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.C.M. -- rank: 608

... satisfy the four-prong standard codified by the Legislature in N.J.S.A. 30:4C-15.1(a). 2 The father maintains the Division failed to ... parental rights, the Division must establish all four prongs under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. "Those four factors ... proved with clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a) as to the mother and the father were ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). This prong was clearly met in this ... complain the Division failed to meet the third prong of N.J.S.A. 30:4C-15.1(a), because it failed to provide parenting classes designed ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] This archive is a service of Rutgers ...

docket:	a3584-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-27
status:	unpublished
citation:
Document Size:	22890

328 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.M.K. -- rank: 608

... second prong of the required statutory factors set forth in N.J.S.A. 30:4C-15.1(a). She contends she has addressed the issues which ... by clear and convincing evidence that all four prongs under N.J.S.A. 30:4C-15.1(a) were met. II. We start by recognizing the ... 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). Neither parent challenged the trial court's ...

docket:	a2870-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-10
status:	unpublished
citation:
Document Size:	45508

329 DIVISION OF YOUTH AND FAMILY SERVICES v. H.M. and J.C., II IN THE MATTER OF THE GUARDIANSHIP OF J.C., III a Minor -- rank: 608

... went on to analyze each of the four factors of N.J.S.A. 30:4C-15.1(a) and found that the Division had satisfied each ... satisfied the elements of each of the four factors of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. A more highly ... criticism of the Division's evidence related to factor three, N.J.S.A. 30:4C-15.1(a)(3) ("The Division has made reasonable efforts to ... H.O. , supra , 161 N.J. at 347. Pursuant to N.J.S.A. 30:4C-15.1(a), parental rights may be terminated when the following ... H. , supra , 172 N.J. at 464. The first factor, N.J.S.A. 30:4C-15.1(a)(1), focuses "on the effect of harms arising ... claims that the trial court erred by finding, pursuant to N.J.S.A. 30:4C-15.1(a)(3), that the Division made sufficient efforts ...

docket:	a5483-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-13
status:	unpublished
citation:
Document Size:	65027

330 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.J and A.Q.T. and A.L.Q. -- rank: 608

... Child Protection And Permanency (Division) proved the four prongs of N.J.S.A. 30:4C-15.1(a) (Title 30) because it: 1) improperly considered evidence ... of changes to portions of prong two in Title 30, N.J.S.A. 30:4C-15.1(a)(2), and the kinship legal guardian (KLG) statute ... based on the Legislature eliminating language in Title 30 at N.J.S.A. 30:4C-15.1(a)(2) on July 2, 2021. 4 The Legislature ... but not dispositive considerations). The KLG amendment did not affect N.J.S.A. 30:4C-15.1(a)(2)-(4), which still requires the court to ... still be considered pursuant to the unchanged plain text of N.J.S.A. 30:4C-15.1(a)(2)-(4). The only amendment to Title 30 ... of parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(2) - to 15.1(a)(4). Lynn ...

docket:	a0796-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-19
status:	Unpublished
citation:
Document Size:	25538