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151 /usr/local/share/www/libweb/collections/courts/appellate/a2949-10a2950-10a5420-10a5421-10.opn.html -- 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 ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	48715

152 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:	a2950-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	48935

153 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

154 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:	a5420-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-11
status:	unpublished
citation:
Document Size:	47916

155 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

156 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. V.P.M. -- rank: 656

... rights must be terminated in the child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and convincing ... evidence as it relates to the four prongs delineated in N.J.S.A. 30:4C-15.1(a) that the Division was required to prove by clear ... defendant had endangered the children's health, safety, or development, N.J.S.A. 30:4C-15.1(a)(1), by failing "to provide appropriate medical care, safe ... eliminate the harm or provide a safe and stable home, N.J.S.A. 30:4C-15.1(a)(2). The judge's findings on these prongs are ... inability and unwillingness to eliminate the harms facing her children. N.J.S.A. 30:4C-15.1(a)(2). B. The Third Prong As for the third ... obligates the Division to make reasonable efforts to provide services, N.J.S.A. 30:4C-15.1(a)(3), "contemplates efforts that focus on reunification," K. ...

docket:	a1251-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-26
status:	unpublished
citation:
Document Size:	56195

157 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

158 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.V.H. -- rank: 653

... De.'s injury. The court found that the prongs of N.J.S.A. 30:4C-15.1(a)(1)-(4) had been satisfied so as to warrant ... rights and considered each of the four statutory prongs of N.J.S.A. 30:4C-15.1(a), making specific findings to support its conclusion to terminate ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These standards are not "discrete or separate." In re ... that the first statutory prong had been met. We disagree. N.J.S.A. 30:4C-15.1(a)(1) "requires a clear and convincing showing that the ... including the harm that separation from foster parents may cause. N.J.S.A. 30:4C-15.1(a)(2). Evidence supporting the first statutory prong may support ... a delay in permanent placement would harm the children. Ibid. ; N.J.S.A. 30:4C-15.1(a)(2). Prolonged inattention to a child's needs, ...

docket:	a5504-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-03
status:	Published
citation:
Document Size:	78533

159 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.T. -- rank: 653

... De.'s injury. The court found that the prongs of N.J.S.A. 30:4C-15.1(a)(1)-(4) had been satisfied so as to warrant ... rights and considered each of the four statutory prongs of N.J.S.A. 30:4C-15.1(a), making specific findings to support its conclusion to terminate ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These standards are not "discrete or separate." In re ... that the first statutory prong had been met. We disagree. N.J.S.A. 30:4C-15.1(a)(1) "requires a clear and convincing showing that the ... including the harm that separation from foster parents may cause. N.J.S.A. 30:4C-15.1(a)(2). Evidence supporting the first statutory prong may support ... a delay in permanent placement would harm the children. Ibid. ; N.J.S.A. 30:4C-15.1(a)(2). Prolonged inattention to a child's needs, ...

docket:	a5209-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-03-03
status:	Published
citation:
Document Size:	78532

160 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. RO.H. and RA.H.,1 IN THE MATTER OF THE GUARDIANSHIP OF P.R.H., T.G.H. and A.R.H -- rank: 651

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); N.J. Div. of Youth & Family Servs. v. I ... 2008). The trial court carefully considered the criteria established in N.J.S.A. 30:4C-15.1(a) and cited adequate, substantial evidence in the record in ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). During the course of the three years prior ... unwilling or unable to eliminate the harm facing their children, N.J.S.A. 30:4C-15.1(a)(2), and the proof required by the third prong ... them correct the circumstances leading to the children's placement. N.J.S.A. 30:4C-15.1(a)(3). Under the second statutory prong "[n]o more ... 344 N.J. Super. 418 , 434 (App. Div. 2001) (quoting N.J.S.A. 30:4C-15.1(a)(2)), certif. denied , 171 N.J. 44 (2002). ...

docket:	a2426-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-14
status:	unpublished
citation:
Document Size:	67735

161 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. RO.H. and RA.H.,1 IN THE MATTER OF THE GUARDIANSHIP OF P.R.H., T.G.H. and A.R.H -- rank: 651

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); N.J. Div. of Youth & Family Servs. v. I ... 2008). The trial court carefully considered the criteria established in N.J.S.A. 30:4C-15.1(a) and cited adequate, substantial evidence in the record in ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). During the course of the three years prior ... unwilling or unable to eliminate the harm facing their children, N.J.S.A. 30:4C-15.1(a)(2), and the proof required by the third prong ... them correct the circumstances leading to the children's placement. N.J.S.A. 30:4C-15.1(a)(3). Under the second statutory prong "[n]o more ... 344 N.J. Super. 418 , 434 (App. Div. 2001) (quoting N.J.S.A. 30:4C-15.1(a)(2)), certif. denied , 171 N.J. 44 (2002). ...

docket:	a2427-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-14
status:	unpublished
citation:
Document Size:	67736

162 /usr/local/share/www/libweb/collections/courts/appellate/a3833-09.opn.html -- rank: 651

... the four prongs required for termination of parental rights under N.J.S.A. 30:4C-15.1 by clear and convincing evidence. He entered a judgment of ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275, § 7. The statute ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors 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 ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses on parental unfitness and ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N.J. ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	92835

163 OF YOUTH AND FAMILY SERVICES v. N.H. IN THE MATTER OF THE GUARDIANSHIP OF W.M. and N.H minors -- rank: 651

... not as strong, that evidence will satisfy the requirement of N.J.S.A. 30:4C-15.1(a)(4) that termination of parental rights will not do ...

docket:	a3095-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-26
status:	unpublished
citation:
Document Size:	56484

164 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.K. -- rank: 651

... HOME. (D) DYFS DID NOT PREVAIL ON PRONG FOUR OF N.J.S.A. 30:4C-15.1(a) BECAUSE IT DID NOT PROVE BY CLEAR AND CONVINCING ... court's holding in A.W. , codifying the standard at N.J.S.A. 30:4C-15.1(a). See L. 1991, c. 275, § 7. The statute ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors 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 ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses on parental unfitness and ... necessitated removal and placement of the child in foster case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N.J. ...

docket:	a5949-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-20
status:	unpublished
citation:
Document Size:	74962

165 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. N.T.S. -- rank: 649

... Division proved all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. 2 The Law Guardian ... PROOF AS TO THE FIRST, THIRD AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1(a). A. [N.T.S.] HAS NOT HARMED HIS CHILD ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These criteria are neither separate nor discrete. K.H ... the best interests of the child remains the ultimate consideration. N.J.S.A. 30:4C-15-1(a). The standards governing the termination of parents' rights are ... birth and that he was unfairly stigmatized for mental illness. N.J.S.A. 30:4C-15.1(a)(1) requires the Division to prove that a parent ... D.M.H. , 161 N.J. 365 , 391, 393 (1999). N.J.S.A. 30:4C-15.1(c) further requires the Division to make "reasonable efforts" ...

docket:	a3442-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-22
status:	unpublished
citation:
Document Size:	44690