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346 DIVISION OF YOUTH AND FAMILY SERVICES v. K.A.J. and J.R.B IN THE MATTER OF THE GUARDIANSHIP OF T.J.B. AND J.N.B Minors -- rank: 604

... 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.J ... the family of the child's progress, and visitation facilitation. N.J.S.A. 30:4C-15.1(c). Those efforts depend upon the facts and ...

docket:	a3944-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-03
status:	unpublished
citation:
Document Size:	77726

347 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.N. -- rank: 604

... Family Servs. v. K.M. , 136 N.J. 546 (1994); N.J.S.A. 30:4C-15 as amended by the Adoption and Safe Families Act, 42 ... necessary to present proofs at commencement of the guardianship action. N.J.S.A. 30:4C-15. The court had an obligation to sign the order to ... and file the petition in accordance with the statutory mandate. N.J.S.A. 30:4C-15. The trial court apparently failed to appreciate that the Division ... pursuant to 103 N.J. 591 (1986) and codified in N.J.S.A. 30:4C-15 and that the trial court erred in refusing to accept ...

docket:	a5552-06
court:	njappellate
decided:	2008-02-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	75368

348 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.S. et al. -- rank: 604

... in custody.     In consideration of the four statutory factors in N.J.S.A. 30:4C:15-1(a) governing termination of parental rights, the trial judge ... based upon “best interests of the child” proceed pursuant to N.J.S.A. 30:4C-15.1. The Court made its findings pursuant to that statute ... test must also 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 first prong of the statutory best interests standard of N.J.S.A. 30:4C-15.1(a)(1).     The second criteria of the best interests test, N.J.S.A. 30:4C-15 (a)(2) is to determine whether "it is reasonably foreseeable ... disruption of her bond with foster parent, this will satisfy N.J.S.A. 30:4C-15.1(a)(2). [ K.H.O. , supra , 161 N. ...

docket:	A3053-02
court:	NJ Superior Court Appellate Division
decided:	2004-02-20
status:	published
citation:	367 N.J. Super. 76 842 A.2d 215
Document Size:	84274

349 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.N. -- rank: 604

... Family Servs. v. K.M. , 136 N.J. 546 (1994); N.J.S.A. 30:4C-15 as amended by the Adoption and Safe Families Act, 42 ... necessary to present proofs at commencement of the guardianship action. N.J.S.A. 30:4C-15. The court had an obligation to sign the order to ... and file the petition in accordance with the statutory mandate. N.J.S.A. 30:4C-15. The trial court apparently failed to appreciate that the Division ... pursuant to 103 N.J. 591 (1986) and codified in N.J.S.A. 30:4C-15 and that the trial court erred in refusing to accept ...

docket:	a5551-06
court:	njappellate
decided:	2008-02-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	75367

350 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.C. -- rank: 601

... Protection and Permanency (Division) failed to prove each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian ... does not participate in this appeal. 2 A-0328-17T3 N.J.S.A. 30:4C-15.1(a) requires the Division to petition for termination of ... serious and enduring emotional or psychological harm to the child.' N.J.S.A. 30:4C- 15.1(a)(2). 3 A-0328-17T3 We will not ... at trial, made detailed findings as to each prong of N.J.S.A. 30:4C- 15.1(a), and concluded that the Division met by clear ... guardianship. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a) and accords with applicable 18 A-0328-17T3 ...

docket:	a0328-17
court:	NJ Superior Court Appellate Division
decided:	2018-06-19
status:	published
citation:
Document Size:	63308

351 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.B. -- rank: 601

... v. M.M. , 189 N.J. 261 , 280 (2007) (quoting N.J.S.A. 30:4C-15.1(a)).] "These standards are neither discrete nor separate. They ... relationship." M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)). "Rather than focusing on a single or ... homelessness. Ibid. Under this approach, prongs (1) and (2) of N.J.S.A. 30:4C-15.1(a) are satisfied when a father fails to take ... harm." M.M. , supra , 189 N.J. at 283 (quoting N.J.S.A. 30:4C-15.1(a)(2)). Only one expert, Dr. Dyer, testified in ... placement." M.M. , supra , 189 N.J. at 285 (quoting N.J.S.A. 30:4C-15.1(a)(3)). "'Reasonable efforts' may include consultation with the ... child's progress, and facilitating visitation." Id. at 281 (citing N.J.S.A. 30:4C-15.1(c)). Here, DYFS has been involved with this ...

docket:	A4310-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-27
status:	Published
citation:
Document Size:	69283

352 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.M. -- rank: 601

... supra , 103 N.J. at 604-11, and codified as N.J.S.A. 30:4C-15.1(a): a. The division shall initiate a petition to ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] In their application, the four factors above "'are ... harmed or is likely to continue to harm the child. N.J.S.A. 30:4C-15.1(a)(1). The harm "must be one that threatens ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is "whether ... correct their circumstances, and to consider alternatives to parental termination. N.J.S.A. 30:4C-15.1(a)(3). A court evaluates, on an individual basis ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). This prong "serves as a fail- ...

docket:	a3208-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-08
status:	unpublished
citation:
Document Size:	49266

353 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.B. -- rank: 601

... v. M.M. , 189 N.J. 261 , 280 (2007) (quoting N.J.S.A. 30:4C-15.1(a)).] "These standards are neither discrete nor separate. They ... relationship." M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)). "Rather than focusing on a single or ... homelessness. Ibid. Under this approach, prongs (1) and (2) of N.J.S.A. 30:4C-15.1(a) are satisfied when a father fails to take ... harm." M.M. , supra , 189 N.J. at 283 (quoting N.J.S.A. 30:4C-15.1(a)(2)). Only one expert, Dr. Dyer, testified in ... placement." M.M. , supra , 189 N.J. at 285 (quoting N.J.S.A. 30:4C-15.1(a)(3)). "'Reasonable efforts' may include consultation with the ... child's progress, and facilitating visitation." Id. at 281 (citing N.J.S.A. 30:4C-15.1(c)). Here, DYFS has been involved with this ...

docket:	A4367-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-27
status:	Published
citation:
Document Size:	69283

354 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.M. -- rank: 601

... proved by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a). Judge Johnson also explained that his determinations from ... four of the 'best interests of the child test' under N.J.S.A. 30:4C- 15.1(a) by clear and convincing evidence. Yolanda also claims ... 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 ... neglected.' Id. at 586. This harm satisfies F.H. and N.J.S.A. 30:4C-15.1(a)(1). A-4822-16T3 20 We also reject ... argued that the Division failed to establish prong two of N.J.S.A. 30:4C-15.1(a). We have nevertheless independently reviewed the record and ... evidence presented in the guardianship trial clearly and convincingly satisfied N.J.S.A. 30:4C-15.1(a), independent of the court's findings in ...

docket:	a4822-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-16
status:	Unpublished
citation:
Document Size:	54031

355 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.E.Z. -- rank: 601

... convincing evidence the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). The Law Guardian supported termination before the trial ... prongs of the best interests test, as set forth in N.J.S.A. 30:4C-15.1a(1) to -15.1a(4), and determined that defendants ... 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 ... The judge next addressed the four-prong test contained in N.J.S.A. 30:4C-15.1(a), and concluded that defendants' parental rights should be ... 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 ... F.M. , supra , 211 N.J. 420 , 452 (2012) (quoting N.J.S.A. 30:4C-15.1a(3)). The emphasis on the third prong is ...

docket:	a2500-12xx
court:	NJ Superior Court Appellate Division
decided:	2013-10-30
status:	unpublished
citation:
Document Size:	52090

356 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.T. -- rank: 601

... established the first three prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), with respect to all of the children. She ... the-child test. Ibid. The factors are set forth in 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).] The four-prong analysis must be applied separately ... THE TRIAL COURT'S CONCLUSIONS THAT THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1a WERE SATISFIED BY CLEAR AND CONVINCING EVIDENCE AS TO ... of harm to them sufficient to satisfy prong one of N.J.S.A. 30:4C-15.1a and justify termination of her parental rights. B. There ... INTERESTS" TEST WITHOUT RECOGNIZING THAT THE FOUR-PART TEST OF N.J.S.A. 30:4C-15.1a IS THE PRESCRIBED TEST TO DETERMINE THE BEST ...

docket:	a4189-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-25
status:	unpublished
citation:
Document Size:	64433

357 DIVISION OF YOUTH AND FAMILY SERVICES v. Z.L.Z. IN THE MATTER OF THE GUARDIANSHIP OF D.S.Z., a minor -- rank: 601

... found the Division satisfied the four-pronged best-interests test, N.J.S.A. 30:4C-15.1a, by clear and convincing evidence, warranting the termination of ... supra , 103 N.J. at 602-11, was codified in N.J.S.A. 30:4C-15.1a, and requires the State to establish each of the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] These four requirements "are not discrete and separate; they ... existing for the entirety of her short two-year life. N.J.S.A. 30:4C-15.1a(2). At the time of trial, Z.L.Z ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1a(1). Z.L.Z.'s pre-natal neglect resulted ... the placement of the child[.]" Id. at 354. See also N.J.S.A. 30:4C-15.1a(3). The diligence of [the Division's] efforts . . . ...

docket:	a3518-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-20
status:	unpublished
citation:
Document Size:	45176

358 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.E.Z. -- rank: 601

... convincing evidence the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). The Law Guardian supported termination before the trial ... prongs of the best interests test, as set forth in N.J.S.A. 30:4C-15.1a(1) to -15.1a(4), and determined that defendants ... 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 ... The judge next addressed the four-prong test contained in N.J.S.A. 30:4C-15.1(a), and concluded that defendants' parental rights should be ... 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 ... F.M. , supra , 211 N.J. 420 , 452 (2012) (quoting N.J.S.A. 30:4C-15.1a(3)). The emphasis on the third prong is ...

docket:	a2499-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-30
status:	unpublished
citation:
Document Size:	52082

359 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.B. -- rank: 601

... v. M.M. , 189 N.J. 261 , 280 (2007) (quoting N.J.S.A. 30:4C-15.1(a)).] "These standards are neither discrete nor separate. They ... relationship." M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)). "Rather than focusing on a single or ... homelessness. Ibid. Under this approach, prongs (1) and (2) of N.J.S.A. 30:4C-15.1(a) are satisfied when a father fails to take ... harm." M.M. , supra , 189 N.J. at 283 (quoting N.J.S.A. 30:4C-15.1(a)(2)). Only one expert, Dr. Dyer, testified in ... placement." M.M. , supra , 189 N.J. at 285 (quoting N.J.S.A. 30:4C-15.1(a)(3)). "'Reasonable efforts' may include consultation with the ... child's progress, and facilitating visitation." Id. at 281 (citing N.J.S.A. 30:4C-15.1(c)). Here, DYFS has been involved with this ...

docket:	A4311-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-27
status:	Published
citation:
Document Size:	69284

360 DIVISION OF YOUTH AND FAMILY SERVICES v. B.B. -- rank: 601

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] The enumerated criteria are not discrete and separate, but ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1a(1). The first prong does not concentrate on a ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1a(2); K.H.O. , supra , 161 N.J. at ... family would cause serious and enduring emotional or psychological harm. N.J.S.A. 30:4C-15.1a(2). Although the second prong more directly focuses on ... their foster parents would contribute to the risk of harm. N.J.S.A. 30:4C-15.1a(2) includes as added harm that separating the child ... which led to the child's placement outside the home." N.J.S.A. 30:4C-15.1a(3). The court must also consider alternatives to ...

docket:	a5726-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-20
status:	Published
citation:
Document Size:	72883