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121 DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.F IN THE MATTER OF R.J.F Minor -- rank: 665

... see N.J.S.A. 30:4C-1(a). Under N.J.S.A. 30:4C-15.1(a), the Division must prove by clear and convincing evidence ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are not 'discrete and separate ... hew to that standard of review. The first two prongs, N.J.S.A. 30:4C-15.1(a)(1) and (2), are related "components of the harm ... 365 , 379 (1999). Because here, the first two prongs of N.J.S.A. 30:4C-15.1(a) are factually intertwined, we "address prongs one and two ... parental relationship" if he is placed in Father's care. N.J.S.A. 30:4C-15.1(a)(1); see N.J. Div. of Youth & Family Servs ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). There was sufficient evidence in the record ...

docket:	a4637-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-04
status:	Published
citation:
Document Size:	62660

122 DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.T and C.C IN THE MATTER OF THE GUARDIANSHIP OF AM.T., J.T and AL.T Minors -- rank: 662

... terminating their parental rights to their three children pursuant to N.J.S.A. 30:4C-15.1(a). On appeal, each parent argues that the court's ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." F.M. , supra , 211 N.J. at 447-48 ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The above requirements should not be considered separately, but ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). The Division may also present evidence that "the ... convincing evidence of the Division's reasonable efforts toward reunification. N.J.S.A. 30:4C-15.1(a)(3). "Reasonable efforts" are defined as "attempts . . . to assist ... placement of the child and in reinforcing the family structure." N.J.S.A. 30:4C-15.1(c). Such efforts include, but are not limited to: ( ...

docket:	a4982-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	93164

123 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.D. AND D.H IN THE MATTER OF THE GUARDIANSHIP OF A.H. AND J.H MINORS -- rank: 662

... or will continue to be harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); K.H.O. , supra , 161 N.J. at ... constitutes "harm," in the context of the first prong of N.J.S.A. 30:4C-15.1(a)(1), in K.H.O. , supra , 161 N.J ... during pregnancy does not constitute harm to a child under N.J.S.A. 30:4C-15.1(a)(1). K.H.O. , supra , 161 N.J. at ... to provide a safe and stable home for the child. N.J.S.A. 30:4C-15.1(a). It is aimed at "determining whether the parent has ... child." K.H.O. , supra , 161 N.J. at 348; N.J.S.A. 30:4C-15.1(a)(2). Alternatively, the Division can show "that the parent ... 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, ...

docket:	a2922-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	63289

124 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J. -- rank: 662

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-0194-12T4 A-0197-12T4 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v ...

docket:	a0194-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-08
status:	unpublished
citation:
Document Size:	217652

125 /usr/local/share/www/libweb/collections/courts/appellate/a2305-19.opn.html -- rank: 662

... POINT I THE TRIAL COURT'S LEGAL CONCLUSIONS AS TO N.J.S.A. 30:4C- 15.1(A) DID NOT FLOW FROM THE ESTABLISHED FACTS. A. THE ... ITS BURDEN OF PROOF AS TO THE FIRST HALF OF N.J.S.A. 30:4C-15.1(A)(3) WAS NOT SUPPORTED BY THE RECORD WHERE DCPP ... CONCLUSION THAT DCPP SATISFIED ITS BURDEN OF PROOF AS TO N.J.S.A. 30:4C-15.1(A)(1) WAS NOT SUPPORTED BY THE RECORD WHERE DCPP ... CONCLUSION THAT DCPP SATISFIED ITS BURDEN OF PROOF AS TO N.J.S.A. 30:4C-15.1(A)(2) WAS NOT SUPPORTED BY THE RECORD TO THE ... CONCLUSION THAT DCPP SATISFIED ITS BURDEN OF PROOF AS TO N.J.S.A. 30:4C-15.1(A)(4) WAS NOT GROUNDED IN THE RECORD WHERE THE ... 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 ...

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126 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.A.B. -- rank: 662

... Tyner found that the Division proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence and terminated defendant's ... four prongs of the best interests of the child standard. N.J.S.A. 30:4C-15.1(a). Parents have a constitutionally protected right to enjoy a ... N.J. 591 , 604-11 (1986), is now codified in N.J.S.A. 30:4C-15.1(a), and requires the State to establish each of the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four criteria are not discreet and ... child and a parent's failure to mitigate that harm. N.J.S.A. 30:4C-15.1(a)(1) and (2). The focus of the first prong ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). There is sufficient credible evidence in the ...

docket:	a2486-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-18
status:	unpublished
citation:
Document Size:	35226

127 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.D. AND D.H IN THE MATTER OF THE GUARDIANSHIP OF A.H. AND J.H MINORS -- rank: 662

... or will continue to be harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); K.H.O. , supra , 161 N.J. at ... constitutes "harm," in the context of the first prong of N.J.S.A. 30:4C-15.1(a)(1), in K.H.O. , supra , 161 N.J ... during pregnancy does not constitute harm to a child under N.J.S.A. 30:4C-15.1(a)(1). K.H.O. , supra , 161 N.J. at ... to provide a safe and stable home for the child. N.J.S.A. 30:4C-15.1(a). It is aimed at "determining whether the parent has ... child." K.H.O. , supra , 161 N.J. at 348; N.J.S.A. 30:4C-15.1(a)(2). Alternatively, the Division can show "that the parent ... 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, ...

docket:	a2923-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	63289

128 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.P. -- rank: 662

... proved by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a). Judge Baxter found: Janet endangered Sue and was unable ... four prongs of the best interests test set forth in N.J.S.A. 30:4C-15.1(a) . The scope of our review affords deference to the ... to terminate parental rights and obtain guardianship of the child, N.J.S.A. 30:4C-15.1(a) provides the Division must satisfy the following four prong ... 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 other ... 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 threatens ... the delay of permanent placement will add to the harm. " N.J.S.A. 30:4C-15.1(a)(2). A trial court is required to "determine ...

docket:	a0788-13
court:	NJ Superior Court Appellate Division
decided:	2014-08-26
status:	unpublished
citation:
Document Size:	72481

129 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J. -- rank: 662

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-0194-12T4 A-0197-12T4 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v ...

docket:	a0326-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-08
status:	unpublished
citation:
Document Size:	217652

130 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.W.,1 and T.T. -- rank: 662

... parental rights to effectuate these concerns. To terminate parental rights, N.J.S.A. 30:4C-15.1(a) requires the Division to prove four prongs by clear ... be A-2487-20 5 endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O., 161 N.J. at ... 344 N.J. Super. 418, 440 (App. Div. 2001) (citing N.J.S.A. 30:4C-15.1(a)). Instead, the appropriate inquiry is 'whether the child's ... resource parent. M.M., 189 N.J. at 283 (citing N.J.S.A. 30:4C-15.1(a)(2)); see, e.g., N.J. Div. of Youth ... 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 ... s contentions regarding prong three. D. The fourth prong of N.J.S.A. 30:4C-15.1(a)(4) serves as 'a 'fail safe' inquiry guarding ...

docket:	a2487-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-14
status:	Unpublished
citation:
Document Size:	36712

131 /usr/local/share/www/libweb/collections/courts/appellate/a0197-12xx.opn.html -- rank: 662

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-0194-12T4 A-0197-12T4 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, Plaintiff-Respondent, v ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	216933

132 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.R and R.R. -- rank: 662

... the Division satisfied each prong of the best interests test, N.J.S.A. 30:4C-15.1, by clear and 4 KLG is an alternative to the ... the judge's rulings under prongs one and two of N.J.S.A. 30:4C-15.1(a), nor his determinations under the 'reasonable efforts' section of ... at 347 (citation omitted). As the trial judge noted, under N.J.S.A. 30:4C-15.1(a), the Division must establish the following prongs by clear ... 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 A ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1) to (4).] The four prongs are not 'discrete ... the court to 'consider[] alternatives to termination of parental rights . . . .' N.J.S.A. 30:4C-15.1(a)(3). Those alternatives may include the establishment of ...

docket:	a0545-22
court:	NJ Superior Court Appellate Division
decided:	2023-08-24
status:	Unpublished
citation:
Document Size:	37070

133 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 OF CHILD PROTECTION AND PERMANENCY v. D.B., SR and C.B IN THE MATTER OF THE GUARDIANSHIP OF W.I.B -- rank: 660

... with clear and convincing evidence all of the criteria in N.J.S.A. 30:4C-15.1(a) for termination of his parental rights. For the reasons ... by clear and convincing evidence all of the criteria in N.J.S.A. 30:4C-15.1(a) for termination of D.B.'s parental rights to ... proven all four prongs of the best interests test in N.J.S.A. 30:4C-15.1(a) for termination of his parental rights. We disagree. We ... grant the petition if the Division establishes the criteria in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. In re Guardianship of ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C- 15.1(a)(1). D.B. contends the evidence does not show ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). Here, the trial judge noted that D. ...

docket:	a1621-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-13
status:	unpublished
citation:
Document Size:	67007

134 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.C. -- rank: 660

... statutory grounds for terminating E.C.'s parental rights. See N.J.S.A. 30:4C-15.1. With respect to the first prong, whether "[t]he child ... or will continue to be endangered by the parental relationship," N.J.S.A. 30:4C-15.1(a)(1), the court found that although the children were ... the delay of permanent placement will add to the harm," N.J.S.A. 30:4C-15.1(a)(2), the court concluded that E.C.'s expected ... the court has considered alternatives to termination of parental rights," N.J.S.A. 30:4C-15.1(a)(3), the court found that these obligations had been ... rights will be far outweighed by the resulting good." See N.J.S.A. 30:4C-15.1(a)(4). A judgment of guardianship in favor of the ... children within their care. Ibid. Using a best interests analysis, N.J.S.A. 30:4C-15.1(a) requires the Division to prove, by clear and ...

docket:	a6335-08
court:	NJ Superior Court Appellate Division
decided:	2011-02-10
status:
citation:
Document Size:	56903

135 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.C. -- rank: 660

... statutory grounds for terminating E.C.'s parental rights. See N.J.S.A. 30:4C-15.1. With respect to the first prong, whether "[t]he child ... or will continue to be endangered by the parental relationship," N.J.S.A. 30:4C-15.1(a)(1), the court found that although the children were ... the delay of permanent placement will add to the harm," N.J.S.A. 30:4C-15.1(a)(2), the court concluded that E.C.'s expected ... the court has considered alternatives to termination of parental rights," N.J.S.A. 30:4C-15.1(a)(3), the court found that these obligations had been ... rights will be far outweighed by the resulting good." See N.J.S.A. 30:4C-15.1(a)(4). A judgment of guardianship in favor of the ... children within their care. Ibid. Using a best interests analysis, N.J.S.A. 30:4C-15.1(a) requires the Division to prove, by clear and ...

docket:	a0043-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-10
status:	unpublished
citation:
Document Size:	56035