Search Rutgers Law Library N.J. Court Opinions

376 DIVISION OF YOUTH AND FAMILY SERVICES v. J.L.S. IN THE MATTER OF THE GUARDIANSHIP OF V.L.S., G.L.S., N.L.S F.M.S., and I.T.S., minors -- rank: 599

... TO SATISFY BY CLEAR AND CONVINCING EVIDENCE THE REQUIREMENTS OF N.J.S.A. 30:4C-15.1(a), AND, THEREFORE, J.L.S.' PARENTAL RIGHTS MUST ... statutory prongs of the best interests test set forth in N.J.S.A. 30:4C-15.1(a). The judge entered an order terminating defendant's ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also In re Guardianship of K.H ... w[ould] continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). B. Defendant argues that the judge erred ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). The inquiry is "whether that parent can ... adequately consider alternatives to the termination of his parental rights. N.J.S.A. 30:4C-15.1(c) defines "reasonable efforts," which consist of actions ...

docket:	a0700-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-28
status:	unpublished
citation:
Document Size:	61391

377 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.R. -- rank: 597

... prong of the statutory best- interests-of-the-child standard, N.J.S.A. 30:4C-15.1(a), and determined the Division established by clear and ... PARENTAL RIGHTS BY CLEAR AND CONVINCING EVIDENCE AS REQUIRED BY [ N.J.S.A.] 30:4C- 15 AND 30:4C-15.1[.] POINT I The Trial Court ... 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).] 'The four criteria enumerated in the best interests ... J. at 348. '[T]he cornerstone of the inquiry [under N.J.S.A. 30:4C-15.1(a)] is not A-1847-17T1 13 whether the ...

docket:	a1847-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-21
status:	Unpublished
citation:
Document Size:	28085

378 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.S. -- rank: 597

... best interests of the child standard as set forth in N.J.S.A. 30:4C-15.1(a)(3) and (4). 3 After a review of ... Division had sustained its burden of proving the elements of N.J.S.A. 30:4C-15(a) by clear and convincing evidence. She stated: This child ... of the statutory best interests of the child test under N.J.S.A. 30:4C-15.1(a)(3)and (4). 4 N.J.S.A. 30:4C-15.1(a) authorizes the Division to petition for the termination ...

docket:	a4065-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	unpublished
citation:
Document Size:	37608

379 DIVISION OF YOUTH AND FAMILY SERVICES v. J.C IN THE MATTER OF E.C a minor -- rank: 597

... 26, 2010, the Division filed a complaint for guardianship, under N.J.S.A. 30:4C-15, seeking the termination of J.C.'s parental rights followed ...

docket:	a1269-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-26
status:	published
citation:	423 N.J. Super. 259 32 A.3d 211
Document Size:	30055

380 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.I and N.R. -- rank: 597

... interests test necessary for the termination of parental rights. See N.J.S.A. 30:4C-15.1(a). Cheryl also argues the Division failed to 1 ... Judge applied the four-prong best interests test codified in N.J.S.A. 30:4C-15.1(a), and found the Division established each prong by ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] Our careful review of the record convinces us ... J.S.A. 3B:12A-1 to -7, and to N.J.S.A. 30:4C-15.1(a)(2), require reversal rests on an inaccurate interpretation ... s application of the best - interests test, as codified in N.J.S.A. 30:4C-15.1(a)(1) to (4), in a parental- termination case. The only amendment to N.J.S.A. 30:4C-15.1(a) was to prong two, which no longer ...

docket:	a3886-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-19
status:	Unpublished
citation:
Document Size:	42731

381 /usr/local/share/www/libweb/collections/courts/appellate/a3884-15a3885-15.opn.html -- rank: 597

... with regard to the first prong of the test under N.J.S.A. 30:4C-15.1(a). Dr. Hiscox testified for the Division, and emphasized ... issued his decision. With regards to the first prong of N.J.S.A. 30:4C-15.1(a), the judge stated, this Court really does not ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] These four prongs 'relate to and overlap with ... and development resulting from the parental relationship.' Id. at 348; N.J.S.A. 30:4C- 15.1(a)(1). Defendants argue the trial court erred in ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	54325

382 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.S.R. -- rank: 597

... evidence was insufficient to satisfy that the statutory requirements of N.J.S.A. 30:4C-15.1a. The Law Guardian supported termination before the trial court ... prong test for termination of parental rights as codified in N.J.S.A. 30:4C-15.1. This appeal ensued. II. Parents have a fundamental constitutional ... of parental rights will not do more harm than good. [ N.J.S.A . 30:4C-15.1a.] These criteria are neither separate nor discrete. K.H ... to John, and was unfit to care for him. See N.J.S.A. 30:4C-15.1(a)(1) to (2). Under prong one of the ... K.H.O. , supra , 161 N.J. at 352; see N.J.S.A . 30:4C-15.1(a)(1). With respect to this element of the ... a continuing harm to the child under the [second prong] N.J.S.A . 30:4C-15.1(a)(2) ." K.H.O. , supra , 161 N. ...

docket:	a2927-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-19
status:	unpublished
citation:
Document Size:	42416

383 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M. -- rank: 597

... the four prongs of the best interests test, contained in N.J.S.A. 30:4C-15.1(a), as to both defendants. The judge addressed the ... N.J. 591 , 604-11 (1986), and now codified in N.J.S.A. 30:4C-15.1(a). Under that standard, parental rights may be terminated ... children based upon the "law of the case." We disagree. N.J.S.A. 30:4C-15.1(a)(1) requires that DYFS prove by clear and ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). The Division made efforts to find appropriate ... her Individualized Education Program (IEP), and her medical records. Under N.J.S.A. 30:4C-15.1(c), the Division had an obligation to inform Peter ... s . . . problems." Had the Division complied with the provisions of N.J.S.A. 30:4C-15.1(c)(3), Peter would have been given the ...

docket:	a1934-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-12
status:	unpublished
citation:	430 N.J.Super. 428 65 A.3d 265
Document Size:	65704

384 DIVISION OF YOUTH v. L.M. and P.T IN THE MATTER OF THE GUARDIANSHIP OF M.M., N.M., and S.M -- rank: 594

... the four prongs of the best interests test, contained in N.J.S.A. 30:4C-15.1(a), as to both defendants. The judge addressed the ... N.J. 591 , 604-11 (1986), and now codified in N.J.S.A. 30:4C-15.1(a). Under that standard, parental rights may be terminated ... children based upon the "law of the case." We disagree. N.J.S.A. 30:4C-15.1(a)(1) requires that DYFS prove by clear and ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). The Division made efforts to find appropriate ... her Individualized Education Program (IEP), and her medical records. Under N.J.S.A. 30:4C-15.1(c), the Division had an obligation to inform Peter ... s . . . problems." Had the Division complied with the provisions of N.J.S.A. 30:4C-15.1(c)(3), Peter would have been given the ...

docket:	a1933-19
court:	New Jersey Superior Court Appellate Division
decided:	2013-02-12
status:	Published
citation:
Document Size:	67052

385 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.B. -- rank: 594

... of the best interests of the child test required under N.J.S.A. 30:4C-15.1a for termination of parental rights. The court found Dr ... of the best interests of the child test specified in N.J.S.A. 30:4C-15.1a. Finding sufficient evidence in the record to support the ... When deciding an application for termination of parental rights under N.J.S.A. 30:4C-15.1a, a trial court must apply the "best interests of ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] These factors are not discrete or separate elements, but ... opinion. The first prong of the "best interests test" under N.J.S.A. 30:4C-15.1a requires us to determine whether "the child's safety ... 344 N.J. Super. 418 , 434 (App. Div. 2001) (quoting N.J.S.A. 30:4C-15.1(a)(1)), certif. denied , 171 N.J. 44 ( ...

docket:	a6280-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-05
status:	unpublished
citation:
Document Size:	34063

386 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.L. -- rank: 594

... the judge applied the four-prong standard set forth in N.J.S.A. 30:4C-15.1(a) and determined that the Division failed to demonstrate ... 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 ... efforts and pursued alternatives to the termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). Among other things, the judge found no ... of parental rights would not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). This inquiry focuses on "whether, after considering ...

docket:	a5400-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-15
status:	unpublished
citation:
Document Size:	48356

387 DIVISION OF YOUTH AND FAMILY SERVICES v. K.Y.B. and G.A IN THE MATTER OF THE GUARDIANSHIP OF T.D.M.A., a minor -- rank: 594

... it has satisfied all four factors of the statutory test. N.J.S.A. 30:4C-15.1(a). However, the right of parents to raise or ... 366 , 378 (1995)). Termination of parental rights is governed by N.J.S.A. 30:4C-15.1(a). The legislation sets out a four-part test ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The statute demands that the best ... problems that necessitated placing the child outside of the home. N.J.S.A. 30:4C-15.1(a)(3). The court must also consider alternatives to ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] Contrary to both parents' contentions, they were provided ... of parental rights "will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Thus, the court examines whether the ...

docket:	a4431-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-28
status:	unpublished
citation:
Document Size:	58838

388 DIVISION OF YOUTH AND FAMILY SERVICES v. L.G. -- rank: 594

... that terminated her parental rights to her son pursuant to N.J.S.A. 30:4C-15.1(a). The order in question awarded guardianship of A ... parental rights, thereby satisfying the statutory standard set forth in N.J.S.A. 30:4C-15.1(a). The judge explained his reasoning in this fashion ... termination case, as articulated in A.W. and codified in N.J.S.A. 30:4C-15.1(a). The statute authorizes a court to terminate parental ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four statutory criteria are "not discrete and ... health or development has been "endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). L.G. argues that the trial court ... of parental rights "will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Inherent in the fourth prong is ...

docket:	a4218-06_1
court:	NJ Superior Court Appellate Division
decided:	2007-12-27
status:	published
citation:
Document Size:	53510

389 DIVISION OF YOUTH AND FAMILY SERVICES v. K.Y.B. and G.A IN THE MATTER OF THE GUARDIANSHIP OF T.D.M.A., a minor -- rank: 594

... it has satisfied all four factors of the statutory test. N.J.S.A. 30:4C-15.1(a). However, the right of parents to raise or ... 366 , 378 (1995)). Termination of parental rights is governed by N.J.S.A. 30:4C-15.1(a). The legislation sets out a four-part test ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The statute demands that the best ... problems that necessitated placing the child outside of the home. N.J.S.A. 30:4C-15.1(a)(3). The court must also consider alternatives to ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] Contrary to both parents' contentions, they were provided ... of parental rights "will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Thus, the court examines whether the ...

docket:	a4610-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-28
status:	unpublished
citation:
Document Size:	58838

390 DIVISION OF YOUTH AND FAMILY SERVICES v. N.R. -- rank: 594

... Q. 1 N.R. contends that the statutory requirements of N.J.S.A. 30:4C-15.1 were not proven by clear and convincing evidence and ... finding that DYFS had proved all the elements required by N.J.S.A. 30:4C-15.1 by clear and convincing evidence. This appeal followed. II. Under N.J.S.A. 30:4C-15.1(a), parental rights can be terminated only when the ... 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 ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). The inquiry is "whether the parent can ... necessitated removal and placement of the child in foster care. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N. ...

docket:	a4695-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-10
status:	unpublished
citation:
Document Size:	33421