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421 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. Q.H. -- rank: 590

... convincing evidence the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). The Law Guardian supports the termination on appeal ... 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 ... 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 on ... 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:	a0074-12xx
court:	NJ Superior Court Appellate Division
decided:	2013-10-04
status:	unpublished
citation:
Document Size:	61286

422 OF YOUTH AND FAMILY SERVICES v. M.G IN THE MATTER OF THE GUARDIANSHIP OF A.R.G. -- rank: 590

... of a guardianship application and final hearing set forth in N.J.S.A. 30:4C-15(d) and 30:4C-15.2, the court overruled the ... clear and convincing evidence to satisfy the four prongs of N.J.S.A. 30:4C-15.1, and entered an order terminating M.G.'s parental ... proceedings" violated his constitutional rights and that the elements of N.J.S.A. 30:4C-15.1 were not proven by clear and convincing evidence. Because ...

docket:	a4608-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-23
status:	published
citation:	427 N.J.Super. 154 47 A.3d 764
Document Size:	62479

423 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.F. -- rank: 587

... burden by proving clearly and convincingly all four prongs of N.J.S.A. 30:4C-15.1a, and entered the order under review. II. On appeal ... trial judge misapplied only the third and fourth prongs of N.J.S.A. 30:4C-15.1a. 5 The father also asserts that we should remand ... judge's conclusion that the Division satisfied its burden under N.J.S.A. 30:4C-15.1a(3) is supported by substantial credible evidence in the record. Pursuant to N.J.S.A. 30:4C-15.1a(3), the Division is required to make "reasonable efforts ... judge's conclusion that the Division satisfied its burden under N.J.S.A. 30:4C-15.1a(4) is also supported by substantial credible evidence. N.J.S.A. 30:4C-15.1a(4) "requires a determination that termination of parental [ ...

docket:	a2724-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-16
status:	unpublished
citation:
Document Size:	31522

424 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.M.R. -- rank: 587

... Division's evidence satisfied the four statutory prongs enumerated in N.J.S.A. 30:4C-15.1(a), and it was in the children's best ... was insufficient to support prongs one, two and four of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We consider these ... supra , 103 N.J. at 604-11, now codified in N.J.S.A. 30:4C-15.1(a), requires the State establish each of the following ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria are not discreet or separate ... best interests" test be "viewed in light of amendments to N.J.S.A. 30:4C-15, which brought New Jersey in conformity with the Federal Adoption ...

docket:	a5097-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-27
status:	unpublished
citation:
Document Size:	76803

425 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANANCY v. T.R.F. and K.L and K.W -- rank: 587

... contends the trial judge misapplied the 'best interests' statutory test, N.J.S.A. 30:4C-15.1(a), in view of recent statutory revisions codified in ... respect to the first prong of the test codified in N.J.S.A. 30:4C-15.1, the judge found the children's health and development ... the child's best interest to terminate parental rights. Specifically, N.J.S.A. 30:4C-15.1(a) requires the Division to prove four prongs by ... only one revision to the best-interests test codified in N.J.S.A. 30:4C-15.1. Specifically, the 2021 amendments deleted language from prong two ... from their resource family parent would cause to the child. N.J.S.A. 30:4C-15.1(a)(2). Importantly for purposes of this appeal, prongs ... does not alter the best-interests test set forth in N.J.S.A. 30:4C-15.1(a)(1) to (4). Had the Legislature intended ...

docket:	a3950-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-27
status:	Unpublished
citation:
Document Size:	33809

426 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.J.C. and A.J.M IN THE MATTER OF THE GUARDIANSHIP OF C.L.C A Minor -- rank: 587

... show cause for guardianship of C.L.C. pursuant to N.J.S.A. 30:4C-15 through N.J.S.A. 30:4C-22. On January ... credible. The court then proceeded to analyze the proofs under N.J.S.A. 30:4C-15.1(a)'s four prongs. As to prong one, the ... 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 ... trial court did not err in concluding the Division satisfied N.J.S.A. 30:4C-15.1(a)'s four prongs by clear and convincing evidence ...

docket:	a3232-14
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	66507

427 /usr/local/share/www/libweb/collections/courts/appellate/a3063-16.opn.html -- rank: 587

... the criteria for termination of her parental rights codified in N.J.S.A. 30:4C-15.1(a) with clear and convincing evidence. K.S.S ... had established the criteria for termination of parental rights in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The judge entered ... the petition if the Division establishes the criteria codified in N.J.S.A. 30:4C-15.1(a) with clear and convincing evidence. N.J. Div ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). The focus A-3063-16T1 10 of ... been harmed by his relationship with her, as required by N.J.S.A. 30:4C-15.1(a)(1). K.S.S. further argues that the ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). In addressing this prong, the court ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	34775

428 DCPP VS. I.J.R. AND Z.T., JR., THE BIOLOGICAL FATHER OF R.T.R., IN THE MATTER OF THE GUARDIANSHIP OF P.D.R. and R.T.R. -- rank: 587

... best-interests test necessary for termination of parental rights. See N.J.S.A. 30:4C-15.1(a). In opposition, the Division and Law Guardian urge ... of the 'best interests of the child' test, codified by N.J.S.A. 30:4C-15.1(a). M.M., 189 N.J. at 280. That ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] These prongs 'are not discrete and separate,' but ... to the child.' L. 2021, c. 154, § 9; see N.J.S.A. 30:4C-15.1(a)(2) (2015). Accordingly, any harm a child might ... 256 N.J. 4, 26 (2023) (explaining that in amending N.J.S.A. 30:4C-15.1(a)(2) in 2021, the Legislature 'acted to preclude ... and to have 'considered alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). Reasonable efforts 'depend on the facts ...

docket:	a2929-22a2930-22
court:	appellate
decided:	2024-05-16
status:	Unpublished
citation:
Document Size:	46482

429 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.K and E.W IN THE MATTER OF THE GUARDIANSHIP OF D.W Minor -- rank: 587

... and Permanency (Division) failed to prove the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian ... BECAUSE THE DIVISION DID NOT PROVE THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a) BY CLEAR AND CONVINCING EVIDENCE A. The Trial ... The Trial Court Erred in Finding that the Division Proved N.J.S.A. 30:4C-15.1(a)(2) by Clear and Convincing Evidence Where the ... The Trial Court Erred in Finding that the Division Proved N.J.S.A. 30:4C-15.1(a)(3) By Clear and Convincing Evidence Where the ... The Trial Court Erred in Finding that the Division Proved N.J.S.A. 30:4C-15.1(a)(4) By Clear and Convincing Evidence Because the ... had proven all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), and that termination of Nick's parental ...

docket:	a3141-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-11-11
status:	Published
citation:
Document Size:	24139

430 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.H.M. -- rank: 587

... N.H.M. (Ned), born October 31, 2002, pursuant to N.J.S.A. 30:4C-15(c) and -15.1. 3 For the reasons that follow ... had met the four prongs of the statutory test, see N.J.S.A. 30:4C-15.1(a), and deferred the request by a paternal aunt ... BY CLEAR AND CONVINCING EVIDENCE THAT THE STATUTORY REQUIREMENTS OF N.J.S.A. 30:4C- 15 AND 30:4C-15.1 WERE MET POINT II - THERE ... By Clear And Convincing Evidence That The Statutory Requirements Of N.J.S.A. 30:4C- 15 And 30 :4C-15.1 Were Met Point I(A ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Our task is to determine whether the trial ...

docket:	a3746-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-27
status:	unpublished
citation:
Document Size:	42574

431 New Protection v. K.C and E.A IN THE MATTER OF THE GUARDIANSHIP OF R.C a minor -- rank: 587

... concluding that the Division had satisfied all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Further, the judge ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four criteria "are not discrete and separate ... the court to consider alternatives to termination of parental rights, N.J.S.A. 30:4C-15.1(a), such as placement with a relative caretaker, N ... the Division made reasonable efforts to assist defendant pursuant to N.J.S.A. 30:4C-15.1(a). As this is her only argument with respect ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). It "serves as a fail-safe against ...

docket:	a1546-14
court:	NJ Superior Court Appellate Division
decided:	2015-01-01
status:	unpublished
citation:
Document Size:	46974

432 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.D.W. -- rank: 587

... each of the prongs of the statutory best-interests standard, N.J.S.A. 30:4C-15.1, and concluded Tara's parental rights to Matt and ... COURT ERRED IN FINDING THAT ALL FOUR PRONGS OF THE N.J.S.A. 30:4C-15.1(a) BEST INTERESTS TEST FOR THE TERMINATION OF T ... 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-2620-17T2 23 whether the ... the circumstances that led to the children's placement. See N.J.S.A. 30:4C-15.1(a)(3); see also In re Guardianship of ...

docket:	a2620-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-28
status:	Unpublished
citation:
Document Size:	55370

433 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.H.M. -- rank: 587

... N.H.M. (Ned), born October 31, 2002, pursuant to N.J.S.A. 30:4C-15(c) and -15.1. 3 For the reasons that follow ... had met the four prongs of the statutory test, see N.J.S.A. 30:4C-15.1(a), and deferred the request by a paternal aunt ... BY CLEAR AND CONVINCING EVIDENCE THAT THE STATUTORY REQUIREMENTS OF N.J.S.A. 30:4C- 15 AND 30:4C-15.1 WERE MET POINT II - THERE ... By Clear And Convincing Evidence That The Statutory Requirements Of N.J.S.A. 30:4C- 15 And 30 :4C-15.1 Were Met Point I(A ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Our task is to determine whether the trial ...

docket:	a3747-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-27
status:	unpublished
citation:
Document Size:	42574

434 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.A.I. and J.H and K.T -- rank: 587

... the petition if the Division establishes the criteria codified in N.J.S.A. 30:4C-15.1(a) with clear and convincing evidence. N.J. Div ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). This prong focuses on the negative effect ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). In addressing this prong, the court must ... the home' and considered alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). Prong three 'contemplates efforts that focus on ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). '[T]he fourth prong of the best ... t]he best-interests-of-the-child standard codified at N.J.S.A. 30:4C-15.1(a) 'aims to achieve the appropriate balance between ...

docket:	a5272-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-02
status:	Unpublished
citation:
Document Size:	45556

435 /usr/local/share/www/libweb/collections/courts/appellate/a2726-13xx.opn.html -- rank: 587

... burden by proving clearly and convincingly all four prongs of N.J.S.A. 30:4C-15.1a, and entered the order under review. II. On appeal ... trial judge misapplied only the third and fourth prongs of N.J.S.A. 30:4C-15.1a. 5 The father also asserts that we should remand ... judge's conclusion that the Division satisfied its burden under N.J.S.A. 30:4C-15.1a(3) is supported by substantial credible evidence in the record. Pursuant to N.J.S.A. 30:4C-15.1a(3), the Division is required to make "reasonable efforts ... judge's conclusion that the Division satisfied its burden under N.J.S.A. 30:4C-15.1a(4) is also supported by substantial credible evidence. N.J.S.A. 30:4C-15.1a(4) "requires a determination that termination of parental [ ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	31229