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391 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.A.E. -- rank: 594

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] See also K.H.O. , supra , 161 N ... or will continue to be harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must be one that ... and delay of permanent placement will add to the harm. N.J.S.A. 30:4C-15.1(a)(2). Accord K.H.O. , supra , 161 N ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). With respect to "alternatives to termination of parental rights," N.J.S.A. 30:4C-15.1(a)(3), courts must determine whether a child's ... used as a defense to termination of parental rights under N.J.S.A. 30:4C-15.1(a)(3). [ N.J. Div. of Youth & Family ...

docket:	a5327-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-15
status:	unpublished
citation:
Document Size:	48364

392 /usr/local/share/www/libweb/collections/courts/appellate/a2509-13xx.opn.html -- rank: 592

... necessary to terminate the parental rights of all three parents. N.J.S.A. 30:4C-15.1(a). I Before discussing the issues raised by the ... H.O. , 161 N.J. 337 , 347 (1999). Pursuant to N.J.S.A. 30:4C-15.1(a), termination is not appropriate unless the Division satisfies ... that the Division has not satisfied the fourth prong of N.J.S.A. 30:4C-15.1(a) because "in the absence of an adoptive home ... 431 N.J. Super. 212, 223-24 (App. Div. 2013). N.J.S.A. 30:4C-15.1(a)(1). Similarly, prong two is satisfied when a ... to provide a safe and stable home for the child, N.J.S.A. 30:4C-15.1(a)(2). See K.H.O. , supra , 161 N ... addiction and domestic violence. With regard to the third prong, N.J.S.A. 30:4C-15.1(a)(3), Rich argues that the Division failed ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	53769

393 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.V.R. -- rank: 592

... necessary to terminate the parental rights of all three parents. N.J.S.A. 30:4C-15.1(a). I Before discussing the issues raised by the ... H.O. , 161 N.J. 337 , 347 (1999). Pursuant to N.J.S.A. 30:4C-15.1(a), termination is not appropriate unless the Division satisfies ... that the Division has not satisfied the fourth prong of N.J.S.A. 30:4C-15.1(a) because "in the absence of an adoptive home ... 431 N.J. Super. 212, 223-24 (App. Div. 2013). N.J.S.A. 30:4C-15.1(a)(1). Similarly, prong two is satisfied when a ... to provide a safe and stable home for the child, N.J.S.A. 30:4C-15.1(a)(2). See K.H.O. , supra , 161 N ... addiction and domestic violence. With regard to the third prong, N.J.S.A. 30:4C-15.1(a)(3), Rich argues that the Division failed ...

docket:	a2508-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-26
status:	unpublished
citation:
Document Size:	54856

394 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: 592

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four prongs "are not discrete and separate ... the Division had not, at that point, "proved prong two [ N.J.S.A. 30:4C-15.1(a)(2)] by clear and convincing evidence." The judge ... each of the four prongs of the best interests standard, N.J.S.A. 30:4C-15.1(a), and entered a final judgment terminating defendant's ... v. B.R. , 192 N.J. 301, 305-07 (2007); N.J.S.A. 30:4C-15.4(a). In order to establish such a claim, a ...

docket:	a2850-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	47397

395 /usr/local/share/www/libweb/collections/courts/appellate/a2976-16.opn.html -- rank: 592

... prongs of the best interests of the child standard in N.J.S.A. 30:4C-15.1(a). We disagree and affirm. I. On June 4 ... prongs of the test for termination of parental rights in N.J.S.A. 30:4C-15.1(a). The judge entered an order terminating I.H ... abusive parent.' Ibid. (citations omitted). 14 A-2976-16T3 Therefore, N.J.S.A. 30:4C-15.1(a) authorizes the Division to seek the termination of ... 337, 348 (1999). The Division must establish the criteria in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. In re Guardianship ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). Although prong one may be established by ... A-2976-16T3 permanent placement will add to the harm.' N.J.S.A. 30:4C- 15.1(a)(2). Prong two also states, '[s]uch ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	41018

396 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.J. -- rank: 592

... Division) failed to prove the statutory best interests test. See N.J.S.A. 30:4C-15.1(a)(1) to (4). We affirm. I We glean ... PROVING BY CLEAR AND CONVINCING EVIDENCE THE STANDARDS REQUIRED BY N.J.S.A. 30:4C-15.1(a) A. THE STATE FAILED TO PROVE THAT [ROGER ... ENDANGERED IN ANY WAY [AMY'S] SAFETY, HEALTH OR DEVELOPMENT. N.J.S.A. 30:4C-15.1(a)(1) B. THE STATE DID NOT PROVE THAT ... NOT BE CAPABLE OF PARENTING [AMY] IN THE FORESEEABLE FUTURE. N.J.S.A. 30:4C-15.1(a)(2) C. DYFS DID NOT PROVE THAT IT MADE REASONABLE EFFORTS TO PROVIDE SERVICES TO [ROGER]. N.J.S.A. 30:4C-15.1(a)(3) D. THE STATE DID NOT PROVE THAT ... THAN GOOD IN PERMANENTLY SEVERING HER RELATIONSHIP FROM HER FATHER. N.J.S.A. 30:4C-15.1(a)(4) The scope of review of a ...

docket:	a2500-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-28
status:	unpublished
citation:
Document Size:	40278

397 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.J IN THE MATTER OF THE GUARDIANSHIP OF S.L.J., a minor -- rank: 592

... court misapplied the four factors for termination set forth in N.J.S.A. 30:4C-15.1(a)(1) through (4) in various ways. For the ... findings as to prongs one and two of the statute, N.J.S.A. 30:4C-15.1(a)(1) and (2), concerning the mother's infliction ... we order a limited remand concerning prongs (3) and (4), N.J.S.A. 30:4C-15.1(a)(3) and (4), to enable the record to ... when seeking the termination of a parent's rights under N.J.S.A. 30:4C-15.1(a), the Division has the burden of establishing, by ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also N.J. Div. of Youth & Family ... been adequate consideration of "alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). More specifically, the present record is ...

docket:	a1593-14
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	33287

398 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.B. -- rank: 592

... prove by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a). We have considered these arguments in light of ... found that the Division had proven all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence with respect to ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." N.J. Div. of Youth and Family Servs ... 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 ... in the child's permanent placement will cause further harm. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is to ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). G.B. contends that the Division " ...

docket:	a2131-12xx
court:	NJ Superior Court Appellate Division
decided:	2013-12-04
status:	unpublished
citation:
Document Size:	51523

399 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.W. and C.C. III -- rank: 592

... J. Super. 25, 32 (App. Div. 2016). Regarding prong one, N.J.S.A. 30:4C-15.1(a)(1), the trial court, relying on the expert ... permanency. A-2210-21 12 With respect to prong two, N.J.S.A. 30:4C-15.1(a)(2), the court found Dora and Nate could ... year pendency of the underlying guardianship complaint. Regarding prong three, N.J.S.A. 30:4C-15.1(a)(3), the trial court found the Division exhausted ... caring for Alan in the near future. Regarding prong four, N.J.S.A. 30:4C-15.1(a)(4), the court found the Division successfully placed ... s interpretation is based on the Legislature eliminating language in N.J.S.A. 30:4C-15.1(a)(2) on July 2, 2021. 4 The Legislature ... separate and distinct from the best interest test articulated in N.J.S.A. 30:4C-15.1(a), the considerations of delay in achieving permanency, ...

docket:	a2210-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	29925

400 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. I.G. -- rank: 592

... evidence the four prongs of the statutory best interests test, N.J.S.A. 30:4C-15.1(a). The Law Guardian joins the Division in supporting ... of the four prongs of the statutory best interests test, N.J.S.A. 30:4C-15.1(a). The judge found that Stacy and Ike have ... evidence all four prongs of the statutory best interests test, N.J.S.A. 30:4C-15.1(a). We briefly review the well-recognized criteria for ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four prongs are not independent of each ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a). In N.J. Div. of Youth & Family Servs ... the Court concluded that harm under the first prong of N.J.S.A. 30:4C-15.1(a), was established by a mother’s violation ...

docket:	a3287-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-08
status:	unpublished
citation:
Document Size:	53228

401 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. V.P.M. -- rank: 592

... rights must be terminated in the child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and ... evidence as it relates to the four prongs delineated in N.J.S.A. 30:4C-15.1(a) that the Division was required to prove by ... defendant had endangered the children's health, safety, or development, N.J.S.A. 30:4C-15.1(a)(1), by failing "to provide appropriate medical care ... eliminate the harm or provide a safe and stable home, N.J.S.A. 30:4C-15.1(a)(2). The judge's findings on these prongs ... inability and unwillingness to eliminate the harms facing her children. N.J.S.A. 30:4C-15.1(a)(2). B. The Third Prong As for the ... obligates the Division to make reasonable efforts to provide services, N.J.S.A. 30:4C-15.1(a)(3), "contemplates efforts that focus on reunification," ...

docket:	a1251-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-26
status:	unpublished
citation:
Document Size:	56195

402 IN THE MATTER OF THE ADOPTION OF A CHILD BY J.E.V. and D.G.V -- rank: 592

... counsel when the State moves to terminate parental rights. See N.J.S.A. 30:4C-15.4(a); N.J. Div. of Youth & Family Servs. v ... termination of parental rights is first sought by the State. N.J.S.A. 30:4C-15.4(a); B.R., supra, 192 N.J. at 305 ... statutory authority to represent parents in termination cases derives from N.J.S.A. 30:4C-15.4(c), which concerns actions filed by the Division. 12 ... done by statute in every case involving the Division. See N.J.S.A. 30:4C-15.4(b). We recognize that lawyers are rarely appointed to ... the family, or the termination would not have been granted. N.J.S.A. 30:4C-15.1(a)(3); see I.S., supra, 202 N.J ...

docket:	a3238-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-23
status:	published
citation:	442 N.J.Super. 472 124 A.3d 708
Document Size:	45815

403 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.D.,1 and T.A., a/k/a B.F -- rank: 592

... four prongs of the 'best interests' test set forth in N.J.S.A. 30:4C- -15.1(a).' N. J. Div. of Child Prot. & Permanency v ... N.J.S.A. 30:4C- A-3548-22 2 N.J.S.A. 30:4C-15.1(a); N. J. Div. of Child Prot. & Permanency, v ... part of the third prong and the fourth prong under N.J.S.A. 30:4C-15.1(a)(3)-(4). Having considered the arguments in light ... the delay of permanent placement will add to the harm,' N.J.S.A. 30:4C-15.1(a)(2); and the first part of prong three ... which led to the child's placement outside the home . . . .' N.J.S.A. 30:4C-15.1(a)(3). A-3548-22 3 and subsequently, about ... and (4) [TPR] will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] Under the second part of the third ...

docket:	a3548-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-27
status:	Unpublished
citation:
Document Size:	23160

404 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.W. -- rank: 592

... requirements of the third prong of the best interests test, N.J.S.A. 30:4C-15.1(a)(3), and claims her constitutional rights were otherwise ... Division had met its burden of proving the elements of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The court issued a ... of the "best interests of the child" test, codified in N.J.S.A. 30:4C-15, by clear and convincing evidence before termination of parental rights ... be established."). Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1a requires the Division to prove: (1) The child's ... v. F.M. , 211 N.J. 420 , 452 (2012) (quoting N.J.S.A. 30:4C-15.1(a)(3)). The statute defines "reasonable efforts" as attempts ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1c.] Here, Judge Lipton made extensive findings with respect ...

docket:	a5814-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-21
status:	unpublished
citation:
Document Size:	54305

405 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.V.R. -- rank: 592

... necessary to terminate the parental rights of all three parents. N.J.S.A. 30:4C-15.1(a). I Before discussing the issues raised by the ... H.O. , 161 N.J. 337 , 347 (1999). Pursuant to N.J.S.A. 30:4C-15.1(a), termination is not appropriate unless the Division satisfies ... that the Division has not satisfied the fourth prong of N.J.S.A. 30:4C-15.1(a) because "in the absence of an adoptive home ... 431 N.J. Super. 212, 223-24 (App. Div. 2013). N.J.S.A. 30:4C-15.1(a)(1). Similarly, prong two is satisfied when a ... to provide a safe and stable home for the child, N.J.S.A. 30:4C-15.1(a)(2). See K.H.O. , supra , 161 N ... addiction and domestic violence. With regard to the third prong, N.J.S.A. 30:4C-15.1(a)(3), Rich argues that the Division failed ...

docket:	a2507-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-26
status:	unpublished
citation:
Document Size:	54856