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361 /usr/local/share/www/libweb/collections/courts/appellate/a5167-18.opn.html -- rank: 601

... and accompanying opinion concluding the Division satisfied each prong under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under the first ... THAT [THE DIVISION'S] EVIDENCE SUPPORTED THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a) BY CLEAR AND CONVINCING EVIDENCE. A-5167-18T1 ... NOT DO MORE HARM THAN GOOD TO [JAKE] AND [MARK]. N.J.S.A. 30:4C-15.1(a) authorizes the Division to petition for the termination ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] A trial court's decision to terminate parental ... he found clear and convincing evidence that prong one of N.J.S.A. 30:4C-15.1(a) was satisfied and that J.A.R.'s ... he found clear and convincing evidence that prong two of N.J.S.A. 30:4C-15(a) was satisfied and that J.A.R. was ...

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362 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.A.M. -- rank: 601

... satisfy the four prongs of the best interest test in N.J.S.A. 30:4C-15.1(a). After considering all of defendant's arguments we ... decision concluding that the Division satisfied the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, and ordered the ... heavy burden of proof applicable to all four prongs of N.J.S.A. 30:4C-15.1a to terminate parental rights. a. there was insufficient evidence ... judgment of guardianship. His opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with In re Guardianship of K.H ...

docket:	a0115-15
court:	NJ Superior Court Appellate Division
decided:	2016-04-29
status:	unpublished
citation:
Document Size:	18636

363 OF YOUTH AND FAMILY SERVICES v. D.M IN THE MATTER OF THE GUARDIANSHIP OF D.A.M. and T.A.M Minors -- rank: 601

... each prong of the best interests of the child standard, N.J.S.A. 30:4C-15.1(a). We disagree and affirm. On appeal, the record ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275, ยง 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. ...

docket:	a4604-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-02
status:	unpublished
citation:
Document Size:	53165

364 DIVISION OF YOUTH AND FAMILY SERVICES v. C.M. -- 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:	a5727-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-20
status:	Published
citation:
Document Size:	72883

365 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.F. -- rank: 601

... of the four-prong standard codified by the Legislature in N.J.S.A. 30:4C-15.1(a). 2 The mother also does not argue the ... the elements of the third prong of this statute. See N.J.S.A. 30:4C-15.1(a)(3). The mother's sole contention is the ... and convincing evidence the first, second, and fourth prongs of N.J.S.A. 30:4C-15.1(a) and, under the third prong, the Division made ... the court erred when it determined the third prong of N.J.S.A. 30:4C-15.1(a) was fulfilled. The mother argues the Division did ... 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 School ...

docket:	a4197-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-10
status:	unpublished
citation:
Document Size:	30826

366 DIVISION OF YOUTH AND FAMILY SERVICES v. E.L., JR. and S.M.B IN THE MATTER OF THE GUARDIANSHIP OF E.J.L, O.S.L, L.A.L AND R.E.L Minors -- rank: 599

... the evidence was insufficient to satisfy the statutory requirements of N.J.S.A. 30:4C-15.1a. We disagree and affirm. I. Defendants E.L., Jr ... 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 ... N.J. Super. 451 , 487-88 (App. Div. 2012) (quoting N.J.S.A. 30:4C-15.1a(3)). Reasonable efforts depend upon the facts and circumstances ... requirement the Division review "alternatives to termination of parental rights[,]" N.J.S.A. 30:4C-15.1a(3), was not met. See K.H.O. , supra ... family," and "'consider[] alternatives to termination of parental rights[.]'" (quoting N.J.S.A. 30:4C-15.1a(3)). We disagree. Regarding Olga and Luke, these two ... H.O. , supra , 161 N.J. at 355). See also N.J.S.A. 30:4C-15.1a(2) (citing evidence that separating the child from ...

docket:	a1782-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-17
status:	Published
citation:
Document Size:	67636

367 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R 1:36-3 A-0 OF CHILD PROTECTION AN -- rank: 599

... to terminate both Jill's and Charles's parental rights. N.J.S.A. 30:4C-15.1(a). In his 130-page written opinion, Judge Conte ... s fundamental needs, courts employ a four-prong test under N.J.S.A. 30:4C-15.1(a), which requires clear and convincing evidence that: (1 ... the four prongs necessary for terminating their parental rights under N.J.S.A. 30:4C-15.1(a). As previously summarized, Judge Conte found clear and ... met the legal requirements for a judgment of guardianship. See N.J.S.A. 30:4C-15.1(a); K.H.O. , supra , 161 N.J. at ...

docket:	a0233-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	24910

368 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. W.M. and J.L.R. -- rank: 599

... by clear and convincing evidence all of the requirements under N.J.S.A. 30:4C-15.1(a) for termination of W.M.'s and J ... terminating parental rights in the "best interests of the child." N.J.S.A. 30:4C-15(c). The petition may be granted if the following requirements ... 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 interests ... met its burden with regard to the third prong of N.J.S.A. 30:4C-15.1(a). Id. at 580-81. In our view, W ... by clear and convincing evidence all of the criteria under N.J.S.A. 30:4C-15.1(a) for termination of W.M.'s parental rights ... that the Division failed to establish the first prong of N.J.S.A. 30:4C-15.1(a) as to W.M. J.L.R. ...

docket:	a5837-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-06
status:	unpublished
citation:
Document Size:	41340

369 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.W. -- rank: 599

... best interests, as codified in the four criteria contained in N.J.S.A. 30:4C-15.1(a). Specifically, he argues that the Division did not ... and concluded that the Division had "proven its case under N.J.S.A. 30:4C-15.1, by clear and convincing evidence," as stated in its ... be in the best interests of the child or children.  N.J.S.A. 30:4C-15.1(a); F.M. , supra , 211 N.J. at 447-48.  The "best interests" standard is codified in N.J.S.A. 30:4C-15.1(a), which requires the State to establish the following ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). This directs the "trial court [to] consider ... with parental unfitness, the two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related to one ...

docket:	a2931-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-19
status:	unpublished
citation:
Document Size:	74717

370 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.J. -- rank: 599

... four prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a). The Law Guardian supports termination and urges us ... the best interests of the child test set forth in N.J.S.A. 30:4C-15.1(a), that there was clear and convincing evidence that ... 279-80 (2007). When seeking termination of parental rights under N.J.S.A. 30:4C-15.1(a), the Division has the burden of establishing by ... comments. The first prong of the best interests test under N.J.S.A. 30:4C-15.1(a)(1) requires us to "determine whether the 'child ... relationship.'" M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)); see also In re Guardianship of D ... 2004). The Division sought termination based on both on abandonment, N.J.S.A. 30:4C-15.1(b), and on the best interests of the ...

docket:	a3665-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-09
status:	unpublished
citation:
Document Size:	25566

371 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.P. -- rank: 599

... two of the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). Specifically, she contends, with respect to the first prong, N.J.S.A. 30:4C-15.1(a)(1), that the trial court failed to find ... the parental relationship. She also contends, regarding the fourth prong, N.J.S.A. 30:4C-15.1(a)(4), that there was insufficient proof that termination ... Judge Donaldson analyzed the four-prong best interests standard in N.J.S.A. 30:4C-15.1(a), and found the Division proved by clear and ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Judge Donaldson found that prong one was met ...

docket:	a0569-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-20
status:	unpublished
citation:
Document Size:	26603

372 DIVISION OF YOUTH AND FAMILY SERVICES v. S.R.M. and G.F. -- rank: 599

... Alicia" 1 ), were terminated by the Family Part pursuant to N.J.S.A. 30:4C-15.1(a). Defendants have respectively appealed that final judgment, principally ... when seeking the termination of a parent's rights under N.J.S.A. 30:4C-15.1(a), DYFS has the burden of establishing, by clear ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also A.W. , supra , 103 N.J ... will continue to endanger, Alicia's safety, health or development. N.J.S.A. 30:4C-15.1(a)(1). "Although a particularly egregious single harm can ... a delay in permanent placement will contribute to that harm. N.J.S.A. 30:4C-15.1(a)(2). This requires the court to assess "whether ... that] the court considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1a(3). Such reasonable efforts may include: (1) consultation ...

docket:	a5174-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-16
status:	published
citation:
Document Size:	53520

373 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.D. -- rank: 599

... Protection and Permanency (Division) failed to prove each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. 2 The Law ... of the best interests test by clear and convincing evidence, N.J.S.A. 30:4C-15.1(a); and (2) termination of defendant's parental rights ... will continue to be endangered by the parental relationship' under N.J.S.A. 30:4C-15.1(a)(1). Defendant alleges that he has never cared ... unwilling or unable to eliminate the harm facing' Ginger under N.J.S.A. 30:4C-15.1(a)(2). Defendant asserts that because he was taking ... which led to [Ginger's] placement outside the home' under N.J.S.A. 30:4C-15.1(a)(3). Contrary to defendant's assertion, defendant's ... did not 'consider[] alternatives to termination of parental rights' under N.J.S.A. 30:4C-15.1(a)(3) because it did not explore kinship ...

docket:	a2357-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-12
status:	Unpublished
citation:
Document Size:	25160

374 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. W.M. and J.L.R. -- rank: 599

... by clear and convincing evidence all of the requirements under N.J.S.A. 30:4C-15.1(a) for termination of W.M.'s and J ... terminating parental rights in the "best interests of the child." N.J.S.A. 30:4C-15(c). The petition may be granted if the following requirements ... 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 interests ... met its burden with regard to the third prong of N.J.S.A. 30:4C-15.1(a). Id. at 580-81. In our view, W ... by clear and convincing evidence all of the criteria under N.J.S.A. 30:4C-15.1(a) for termination of W.M.'s parental rights ... that the Division failed to establish the first prong of N.J.S.A. 30:4C-15.1(a) as to W.M. J.L.R. ...

docket:	a5836-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-06
status:	unpublished
citation:
Document Size:	41340

375 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.K and S.C -- rank: 599

... all four prongs of the best interests standard embodied in N.J.S.A. 30:4C-15.1(a) 'was erroneous, necessitating reversal of the judgment.' She ... light of the record and applicable legal principles, we affirm. N.J.S.A. 30:4C-15.1(a) requires the Division to petition for termination of ... relationship. See K.H.O., 161 N.J. at 348 ('[ N.J.S.A. 30:4C- 15.1(a)] requires that the State demonstrate harm to the ... delay in permanent placement' will further harm the child.' (quoting N.J.S.A. 30:4C- - 15.1(a)(2))). 16 Pursuant to N.J.S.A. 30:4C-15(d), the Division may petition for guardianship 'where a child ... at trial, made copious findings as to each prong of N.J.S.A. 30:4C-15.1(a), and concluded that the Division met, by ...

docket:	a1860-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-29
status:	Unpublished
citation:
Document Size:	48533