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 Results for ("N.J.S.A. 30:4c-15.1")   136 to 150 of 1744 results. Run time: 0.680 seconds | Search time: 0.673 seconds    
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136 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status: unpublished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
137 New Jersey Division of Youth and Family Services v. E.P. -- rank: 658
... factor best-interests-of-the-child test set forth in N.J.S.A. 30:4C-15.1(a). 6 First, the court found that Andrea’s health ... parental rights will not do more harm than good.” N.J.S.A. 30:4C-15.1(a)(4). The court acknowledged that “[Andrea] is strongly ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Those four factors are not “discrete,” but ... will continue to be endangered by the parental relationship.” N.J.S.A. 30:4C-15.1(a)(1). However, Emilia claims that the Division did fall ... or unwilling to provide a safe and stable home.” N.J.S.A. 30:4C-15.1(a)(1) and (2); see K.H.O. , supra , 161 ... and “considered alternatives to termination of parental rights,” N.J.S.A. 30:4C-15.1(a)(3). Indeed, Emilia does not contest that the ...
docket: a-112-06
court:
decided: 2008-07-14
status:
citation: 196 N.J. 88
Document Size: 105691
138 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 658
... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order sibling reunification, the judge ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N.J ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A.S.'s and N ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division shall initiate a petition ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four statutory criteria "are not discrete ... child arising out of the parental relationship and cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2). [ Id. at 380-81 (citing ...
docket: a2562-07
court: New Jersey Superior Court Appellate Division
decided: 2008-10-27
status: unpublished
citation:
Document Size: 86850
139 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 658
... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order sibling reunification, the judge ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N.J ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A.S.'s and N ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division shall initiate a petition ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four statutory criteria "are not discrete ... child arising out of the parental relationship and cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2). [ Id. at 380-81 (citing ...
docket: a2563-07
court: New Jersey Superior Court Appellate Division
decided: 2008-10-27
status: unpublished
citation:
Document Size: 86850
140 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R. -- rank: 658
... to prove all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), at trial. Because we are convinced by our review ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The four prongs of the best interests standard 'are ... the delay of permanent placement will add to the harm,' N.J.S.A. 30:4C-15.1(a)(2), the judge looked to In the Matter of ... 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 ... care'). The statutory language the trial judge focused on in N.J.S.A. 30:4C- 15.1(a)(2), that 'separating the child from his resource family ... the delay of permanent placement will add to the harm. ' N.J.S.A. 30:4C-15.1(a)(2). The statute says so clearly: 'Such harm ...
docket: a0170-17
court: NJ Superior Court Appellate Division
decided: 2019-02-22
status: Unpublished
citation:
Document Size: 117119
141 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.A.S., Sr. and N.L.D. -- rank: 658
... evidence, the criteria for termination of parental rights pursuant to N.J.S.A. 30:4C-15.1. Although the court did not order sibling reunification, the judge ... THE CHILDREN'S BEST INTEREST UNDER THE FOURTH PRONG OF N.J.S.A. 30:4C-15-1. POINT II ADDITIONAL JURISDICTIONS, WITH STATUTES SIMILAR TO N.J ... S., when assessed under the statutory standards set forth in N.J.S.A. 30:4C-15.1(a), warrant termination of R.A.S.'s and N ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division shall initiate a petition ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four statutory criteria "are not discrete ... child arising out of the parental relationship and cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2). [ Id. at 380-81 (citing ...
docket: a3279-07
court: New Jersey Superior Court Appellate Division
decided: 2008-10-27
status: Published
citation:
Document Size: 85183
142 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.T. -- rank: 658
... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four prongs "relate to and overlap with one ... or will continue to be endangered by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1). The focus of the first prong is not ... H.O. , supra , 161 N.J. at 348-49 (citing N.J.S.A. 30:4C-15.1(a)(2)). There is clear and convincing evidence in the ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). This inquiry looks not only to whether a ... serious and enduring emotional or psychological harm to the child[.]" N.J.S.A. 30:4C-15.1(a)(2). Our courts recognize "reunification becomes increasingly difficult with ... three. We disagree. In order to satisfy the requirements of N.J.S.A. 30:4C-15.1(a)(3), the Division must prove that it has ...
docket: a5099-15
court: NJ Superior Court Appellate Division
decided: 2017-06-22
status: unpublished
citation:
Document Size: 53983
143 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.R.S. -- rank: 658
... DYFS had met the best interests standard set forth in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. While A.B. broadly ... H.O. , supra , 161 N.J. at 347. Pursuant to N.J.S.A. 30:4C-15.1 a. The [d]ivision shall initiate a petition to terminate ... but the "chaotic" and "undisciplined" conditions of the foster home. N.J.S.A. 30:4C-15.1(a)(1) "requires a clear and convincing showing that the ... that she will maintain long-term abstinence on her own. N.J.S.A. 30:4C-15.1(a)(1) and (2) are closely related, and "evidence that ... conduct that equates with parental unfitness." Ibid. The inquiry under N.J.S.A. 30:4C-15.1(a)(2) "is aimed at determining whether the parent has ... correct the circumstances that led to the child's removal. N.J.S.A. 30:4C-15.1(a)(3). The term "reasonable efforts" is defined in ...
docket: a1268-06
court: New Jersey Superior Court Appellate Division
decided: 2008-11-17
status: unpublished
citation:
Document Size: 89548
144 NEW JERSEY OF DIVISON OF CHILD PROTECTION AND PERMANENCY v. W.I.L -- rank: 658
... four prongs of the best-interests-of-the-child test, N.J.S.A. 30:4C- 15.1(a), by clear and convincing evidence. In view of the ... 5 of the best-interests-of-the-child statutory test. N.J.S.A. 30:4C-15.1(a). That statute requires the Division prove by clear and ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C- 15.1(a)(2). A-4701-16T1 10 Under the second prong ... placement would cause serious and enduring mental or emotional impairment. N.J.S.A. 30:4C-15.1(a)(2). Under this alternative approach, a trial court examines ... 161 N.J. at 382 (finding the second prong from N.J.S.A. 30:4C-15.1(a) established partly based upon the court-appointed expert's ... court has considered alternatives to the termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). As a result, the trial court must ...
docket: a4701-16
court: NJ Superior Court Appellate Division
decided: 2020-03-23
status: Unpublished
citation:
Document Size: 42381
145 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.R.S. -- rank: 658
... DYFS had met the best interests standard set forth in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. While A.B. broadly ... H.O. , supra , 161 N.J. at 347. Pursuant to N.J.S.A. 30:4C-15.1 a. The [d]ivision shall initiate a petition to terminate ... but the "chaotic" and "undisciplined" conditions of the foster home. N.J.S.A. 30:4C-15.1(a)(1) "requires a clear and convincing showing that the ... that she will maintain long-term abstinence on her own. N.J.S.A. 30:4C-15.1(a)(1) and (2) are closely related, and "evidence that ... conduct that equates with parental unfitness." Ibid. The inquiry under N.J.S.A. 30:4C-15.1(a)(2) "is aimed at determining whether the parent has ... correct the circumstances that led to the child's removal. N.J.S.A. 30:4C-15.1(a)(3). The term "reasonable efforts" is defined in ...
docket: a1267-06
court: New Jersey Superior Court Appellate Division
decided: 2008-11-17
status: unpublished
citation:
Document Size: 89549
146 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.T.R and F.T.S -- rank: 658
... burden under the four-prong best interests test, codified at N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. I. The Division first ... of guardianship. Her oral opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with In re Guardianship of K.H.O ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). '[T]he relevant inquiry focuses on the cumulative ... placement will A-0575-19T2 6 add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). That harm may include evidence that separating the ... the court [will] consider[] alternatives to termination of parental rights[.]' N.J.S.A. 30:4C-15.1(a)(3). This prong 'contemplates efforts that focus on reunification ... 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: a0575-19
court: NJ Superior Court Appellate Division
decided: 2020-10-22
status: Unpublished
citation:
Document Size: 33869
147 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.H. -- rank: 656
... evidence all four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) for termination of J.H.'s and A.H ... establish the four prongs of the "best interests" test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under N.J.S.A. 30:4C-15.1(a), the Division may file a petition to terminate parental ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1); I.S. , supra , 202 N.J. at 170 ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). There are two ways to establish the second ... K.H.O. , supra , 161 N.J. at 348 (citing N.J.S.A. 30:4C-15.1(a)(2)). The "inquiry is aimed at determining whether ...
docket: a5421-10
court: NJ Superior Court Appellate Division
decided: 2013-01-11
status: unpublished
citation:
Document Size: 47892
148 STATE OF NEW JERSEY, DIVISION OF YOUTH AND FAMILY SERVICES v. W.B. and D.E. -- rank: 656
... Investors Ins. Co. , 65 N.J. 474, 484 (1974)). II. N.J.S.A. 30:4C-15.1(a) requires that the State show by clear and convincing ... 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 stan ... health and development resulting from the parental relationship." Ibid. (citing N.J.S.A. 30:4C-15.1(a)(1)). While drug use alone is insufficient to satisfy ... arising out of the parental relationship and cognizable under N.J.S.A. , 30:4C-15.1(a)(1) and (2). K.H.O. , supra , 161 N ... in permanency would add to the harm to the child. N.J.S.A. 30:4C-15.1(a)(2). The bonding evaluation here clearly and convincingly ... basi[c] parenting functions constitutes a parental harm cognizable under N.J.S.A. 30:4C-15.1(a)(1)." This finding is clearly supported by the ...
docket: a5708-07
court: New Jersey Superior Court Appellate Division
decided: 2009-10-30
status: Published
citation:
Document Size: 47923
149 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES IN THE MATTER OF THE GUARDIANSHIP OF A.R.S-R AND A.C.S–R -- rank: 656
... when it is in "the best interests of [any] child." N.J.S.A. 30:4C-15.1(a). The Legislature codified a judicial framework to guide courts ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a) (codifying N.J. Div. of Youth & Family Servs. v ... current living situation in finding that the second prong of N.J.S.A. 30:4C-15.1(a) weighed in favor of termination. We disagree. Judge Hayden ... to provide a safe and stable home for the child . . . ." N.J.S.A. 30:4C-15.1(a)(2). Courts should not resort to analysis of the ... there was insufficient evidence to meet the third prong of N.J.S.A. 30:4C-15.1(a). M.S. argues that DYFS did not provide adequate ... she could "provide a safe and stable home." Pursuant to N.J.S.A. 30:4C-15.1(a)(3), DYFS must make "reasonable efforts to provide ...
docket: a4581-09
court: superior court appellate division
decided: 2011-01-25
status: Unpublished
citation:
Document Size: 51228
150 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.W. -- rank: 656
... best interests, as codified in the four criteria contained in N.J.S.A. 30:4C-15.1(a). Specifically, he argues that the Division did not clearly ... and concluded that the Division had "proven its case under N.J.S.A. 30:4C-15.1, by clear and convincing evidence," as stated in its order ... be in the best interests of the child or children. N.J.S.A. 30:4C-15.1(a); F.M. , supra , 211 N.J. at 447-48. The "best interests" standard is codified in N.J.S.A. 30:4C-15.1(a), which requires the State to establish the following four ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). This directs the "trial court [to] consider whether ... 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: a2931-12
court: NJ Superior Court Appellate Division
decided: 2014-03-19
status: unpublished
citation:
Document Size: 74717
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