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121 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

122 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status:	unpublished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

123 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

124 /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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125 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

126 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

127 /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

128 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

129 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

130 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

131 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

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 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

134 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.D. and W.H -- rank: 660

... and conclusions of law regarding the four statutory prongs under N.J.S.A. 30:4C-15.1(a), and also made findings as to the credibility of ... A. 30:4C-15(c) and the four prongs under N.J.S.A. 30:4C-15.1(a). K.H.O., 161 N.J. at 347-4. To terminate parental rights, N.J.S.A. 30:4C-15.1(a) requires the Division to prove the following four prongs ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove each prong by clear and ... serious and enduring emotional or psychological harm to the child.' N.J.S.A. 30:4C-15.1(a)(2) (amended 2021). Notably, the Legislature did not modify ... at 448. We are also satisfied the 2021 amendments to N.J.S.A. 30:4C-15.1(a)(2) and N.J.S.A. 3B:12A- ...

docket:	a1746-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-12
status:	Unpublished
citation:
Document Size:	46912

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