Search Rutgers Law Library N.J. Court Opinions

106 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R.G. -- rank: 674

... to prove each prong of the best interests test of N.J.S.A. 30:4C:15.1(a) by clear and convincing evidence. The Law Guardian joins ... met all four prongs of the best interest test under N.J.S.A. 30:4C-15.1 by clear and convincing evidence. A judgment of guardianship and ... presented at the guardianship trial met all four prongs of N.J.S.A. 30:4C-15.1( a ) "best interest of the child" test: the children's ... heavy burden of proof applicable to all four prongs of N.J.S.A. 30:4C-15.1( a ) to terminate parental rights. A. The order terminating parental ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). The statute provides that the Division must prove: (1 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four factors are not independent of each ...

docket:	a4645-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-05
status:	unpublished
citation:
Document Size:	85683

107 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.T. and A.M., SR -- rank: 674

... for determining whether a parent's rights must be terminated. N.J.S.A. 30:4C- 15.1(a) requires that the Division prove all four prongs by ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). A. Hearsay Evidence. Both parents object to the ... the parental relationship.' IV. Prong Two. The second prong under N.J.S.A. 30:4C-15.1(a)(2) requires the court to determine whether '[t]he ... the court has considered alternatives to termination of parental rights.' N.J.S.A. 30:4C- 15.1(a)(3). The court discussed on the record its factual ... of parental rights will not do more harm than good,' N.J.S.A. 30:4C-15.1(a)(4), 'serves as a fail- safe against termination even ... at 108. (quoting A.W., 103 N.J. at 610). N.J.S.A. 30:4C-15.1(a)(4) is deemed satisfied 'where it is shown ...

docket:	a4590-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Unpublished
citation:
Document Size:	41604

108 /usr/local/share/www/libweb/collections/courts/appellate/a2772-19.opn.html -- rank: 674

... finding the Division met its statutory burden for termination under N.J.S.A. 30:4C-15.1(a). In support of his termination decision, the judge painstakingly ... of the four prongs of the best interest standard under N.J.S.A. 30:4C-15.1. After assessing each prong and concluding the Division carried its ... the Division satisfied the four-pronged best interests test under N.J.S.A. 30:4C-15.1(a). Further, Jill contends: (1) the best interests hearing 'did ... to contending the Division failed to satisfy its burden under N.J.S.A. 30:4C-15.1(a), Lewis argues the trial court erred by approving a ... prongs of the 'best interests of the child' test under N.J.S.A. 30:4C- - 15.1(a). Once again, we are not convinced. In reviewing a ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The considerations involved in applying the best interest ...

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109 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.C and C.A.R -- rank: 674

... ONE, THREE, AND FOUR OF A-2656-19T1 3 THE N.J.S.A. 30:4C-15.1(a) TEST FOR TERMINATION OF PARENTAL RIGHTS BY CLEAR AND CONVINCING EVIDENCE A. DCPP DID NOT PROVE N.J.S.A. 30:4C- 15.1(a)(1), BECAUSE IT DID NOT PROVE BY CLEAR AND ... B. DCPP DID NOT PROVE THE REASONABLE EFFORTS REQUIREMENT OF N.J.S.A. 30:4C- 15.1(a)(3) BY CLEAR AND CONVINCING EVIDENCE C. DCPP DID NOT PROVE N.J.S.A. 30:4C- 15.1(a)(4), THAT TERMINATION WOULD NOT DO MORE HARM THAN ... 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 clear ... the Division proved the second prong of the statutory test, N.J.S.A. 30:4C-15.1(a)(2), by clear and convincing evidence. That prong ...

docket:	a2656-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-14
status:	Unpublished
citation:
Document Size:	47632

110 /usr/local/share/www/libweb/collections/courts/appellate/a1625-16a1683-16.opn.html -- rank: 669

... all four prongs of the best interests test pursuant to N.J.S.A. 30:4C- 15.1(a). Peter's law guardian argues the Division failed to ... grant a petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence. In re ... a child's best interests.' Id. at 348. As codified, N.J.S.A. 30:4C-15.1(a) requires the Division prove: 31 A-1625-16T4 (1 ... determination the Division established by clear and convincing evidence under N.J.S.A. 30:4C-15.1(a), it was in Peter's best interest to terminate ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). '[T]he Division must prove harm that 'threatens ... arising out of the parental relationship [that is] cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2).' Id. at 380. Victor argues ...

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court:	NJ Superior Court Law/Chancery Division
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111 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.P and T.K.B -- rank: 669

... of the statutory criteria for termination of parental rights under N.J.S.A. 30:4C-15.1(a)(1) to (4). In particular, the judge found the ... to be placed at a substantial risk of developmental harm,' N.J.S.A. 30:4C- 15.1(a)(1); Ken was 'unable or unwilling to eliminate the ... relationship' particularly because of Ken's failed efforts at reunification, N.J.S.A. 30:4C-15.1(a)(2); the Division made reasonable efforts to reunify Sara ... rights, including the adequacy of placement with Jane and Wyatt, N.J.S.A. 30:4C-15.1(a)(3); and termination of Ken's parental rights will not cause Sara more harm than good, N.J.S.A. 30:4C-15.1(a)(4). Judge Gaus found that Drs. Singer and Trott ... 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 ...

docket:	a2622-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-22
status:	Unpublished
citation:
Document Size:	41729

112 /usr/local/share/www/libweb/collections/courts/appellate/a3136-15.opn.html -- rank: 669

... fourth prongs of the best-interests-of-the-child standard, N.J.S.A. 30:4C-15.1(a), required to terminate parental rights. We disagree and affirm ... each of the prongs of the best-interests standard under N.J.S.A. 30:4C-15.1(a), and entered an order terminating defendant's parental rights ... of the best-interests-of-the-child standard enumerated in N.J.S.A. 30:4C-15.1(a). F.M. , supra , 211  N.J.  at 447. The ... of parental rights will not do more harm than good. [ N.J.S.A . 30:4C-15.1(a).] "Our task as an appellate court is to determine ... relationship under the first prong of the best-interests standard. N.J.S.A. 30:4C-15.1(a)(1). Instead, Defendant argues the court erred by finding ... under the second, third, and fourth prongs of the standard. N.J.S.A. 30:4C-15.1(a)(2), (3), and (4). Based on our thorough ...

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court:	NJ Superior Court Law/Chancery Division
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113 DCPP VS. M.P. AND D.S., IN THE MATTER OF THE GUARDIANSHIP OF L.J.P. -- rank: 667

... convincing evidence the statutory four-prong best interests test under N.J.S.A. 30:4C-15.1(a). David contends the judge erred in failing to correctly ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read '[s]uch harm may include evidence ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- - 15.1(a) requires the Division prove by clear and convincing evidence ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O., 161 N.J. at ... the [judge] has considered alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). 'Reasonable efforts may include consultation with the parent ... best interests test for parental termination cases as codified under N.J.S.A. 30:4C-15.1(a)(1) to (4). Substantial credible evidence in this ...

docket:	a0030-23
court:	appellate
decided:	2024-04-17
status:	Unpublished
citation:
Document Size:	74513

114 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.V.W., M.A., and A.S IN THE MATTER OF THE GUARDIANSHIP OF A.N.T.S. and A.N.A Minors -- rank: 667

... prongs of the statutory best interest test set forth in N.J.S.A. 30:4C-15.1(a). We affirm. I. Tara's history with the Division ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)]. "The Division bears the burden of proving by clear ... continues the significant harm to the child in satisfaction of N.J.S.A. 30:4C-15.1(a)(2). [ 417 N.J. Super. 228 , 245-46 (App ... parents would cause severe and enduring harm to the girls. N.J.S.A. 30:4C-15.1(a)(2). Both Dr. John Quintana and Dr. Gordon-Karp ... which led to the child's placement outside the home." N.J.S.A. 30:4C-15.1(a)(3). "Reasonable efforts" include, but are not limited to ... s progress, development, and health; and (4)    facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] "Whether particular services are necessary in order to ...

docket:	a3002-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-10-10
status:	Published
citation:
Document Size:	63797

115 DIVISION OF YOUTH AND FAMILY SERVICES v. N.G. IN THE MATTER OF THE GUARDIANSHIP OF K.G., a minor -- rank: 667

... four-prong test for termination of parental rights, codified in N.J.S.A. 30:4C-15.1. As to the first prong, Judge Silverman-Katz stated that ... child . . . require that he be placed under guardianship." See also N.J.S.A. 30:4C-15.1(a) (setting forth the four [prongs of the] statutory test ... the guardianship proceeding, DYFS established all four prongs required by N.J.S.A. 30:4C-15.1 by clear and convincing evidence. Ultimately, the proofs demonstrated that ... to the guardianship of the Division are set forth in N.J.S.A. 30:4C-15.1(a): (1) The child's safety, health or development has ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). DYFS need not "concentrate on a single or ... health or development has been . . . endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). In addition, N.G. has been and ...

docket:	a5796-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-04
status:	unpublished
citation:
Document Size:	53491

116 OF YOUTH AND FAMILY SERVICES v. M.G IN THE MATTER OF THE GUARDIANSHIP OF A.R.G. -- rank: 667

... 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 rights ... 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 we ...

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

117 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.T. -- rank: 667

... statutory factors for termination of parental rights set forth in N.J.S.A. 30:4C-15.1. The court concluded that neither of these parents are capable ... argue that DYFS failed to meet the first prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under this prong, the ... or to provide a safe and stable home for them. N.J.S.A. 30:4C-15.1(a)(2). This prong focuses on parental unfitness and overlaps ... 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 another, and ... that led to the children's placement outside the home. N.J.S.A. 30:4C-15.1(a)(3). The reasonableness of the services offered by DYFS ... ASFA, however, DYFS is required to provide only "reasonable efforts." N.J.S.A. 30:4C-15.1(a)(3). "Reasonable efforts" consist of the following: (1) ...

docket:	a2178-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-04
status:	unpublished
citation:
Document Size:	56624

118 DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.A.B. -- rank: 665

... 161 N.J. at 347. This standard is codified at N.J.S.A. 30:4C-15.1(a) and requires the State to establish each of the ... in permanent placement' will further harm the child." Ibid. (quoting N.J.S.A. 30:4C-15.1(a)(2)). The trial court is required to determine whether ... s progress, development, and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] Whether the Division acted appropriately must be decided "with ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The court must determine "whether a child's ...

docket:	a3838-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-02
status:	unpublished
citation:
Document Size:	62844

119 DIVISION OF YOUTH AND FAMILY SERVICES v. M.D.C. and R.C. -- rank: 665

... Before addressing the statutory factors governing termination set forth in N.J.S.A. 30:4C-15.1(a) to (d), the court observed: [H]ere, [DYFS]'s ... at 108, each of the four factors set forth in N.J.S.A. 30:4C-15.1(a), namely that: (1) The child's safety, health or ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1) to (4).] These four criteria "are not discrete ... The second prong of the best interest analysis codified in N.J.S.A. 30:4C-15.1(a)(2) focuses on "determining whether the parent has cured ... custody, thus "add[ing] to the harm" to the child. N.J.S.A. 30:4C-15.1(a)(2). Other than their unstable housing situation, however, there ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). We are most troubled with the court' ...

docket:	a5579-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-09
status:	Published
citation:
Document Size:	65448

120 DIVISION OF YOUTH AND FAMILY SERVICES v. M.D.C. and R.C. -- rank: 665

... Before addressing the statutory factors governing termination set forth in N.J.S.A. 30:4C-15.1(a) to (d), the court observed: [H]ere, [DYFS]'s ... at 108, each of the four factors set forth in N.J.S.A. 30:4C-15.1(a), namely that: (1) The child's safety, health or ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1) to (4).] These four criteria "are not discrete ... The second prong of the best interest analysis codified in N.J.S.A. 30:4C-15.1(a)(2) focuses on "determining whether the parent has cured ... custody, thus "add[ing] to the harm" to the child. N.J.S.A. 30:4C-15.1(a)(2). Other than their unstable housing situation, however, there ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). We are most troubled with the court' ...

docket:	a5655-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-09
status:	Published
citation:
Document Size:	65448