Search Rutgers Law Library N.J. Court Opinions

181 /usr/local/share/www/libweb/collections/courts/appellate/a4668-18.opn.html -- rank: 647

... four prongs of the best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. On appeal, defendant 1 ... elements 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). This prong, which is closely related to the ... 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 ...

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182 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.C. -- rank: 647

... Child Protection and Permanency (Division) proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. She also argues that ... 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 ... that identifies a child's best interests.' Id. at 348. N.J.S.A. 30:4C-15.1(a) requires the Division to prove: (1) The child's ... 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 380-81. The court ... which led to the child's placement outside the home[.]' N.J.S.A. 30:4C-15.1(a)(3). The Division's efforts must be analyzed ' ...

docket:	a2083-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-03
status:	Unpublished
citation:
Document Size:	31297

183 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.K. -- rank: 647

... 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 ... or development was endangered by her relationship with B.K. N.J.S.A. 30:4C-15.1(a)(1). A.K. tested positive at her birth for ... the harm that her drug abuse posed to A.K. N.J.S.A. 30:4C-15.1(a)(2). Alternatively, DYFS could also show that B.K ... has considered alternatives to terminating B.K.'s parental rights. N.J.S.A. 30:4C-15.1(a)(3). As for the first part of that prong ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] However, DYFS is not required to provide "reasonable efforts ... at family reunification if one of three statutory exceptions applies. N.J.S.A. 30:4C-15.1(d). One of those exceptions is where "[t]he ...

docket:	a3089-09
court:	superior court appellate division
decided:	2010-12-23
status:	unpublished
citation:
Document Size:	51686

184 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.M.W and R.A.S., SR. -- rank: 647

... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C-15.1(a). Based on those findings, Judge Jimenez concluded the Division ... be granted only if the following four prongs enumerated in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence: (1) 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 enumerated in the best ... J. at 348. '[T]he cornerstone of the inquiry [under N.J.S.A. 30:4C-15.1(a)] is not whether the biological parents are fit but ... parental rights. He argues that under the 2021 amendments to N.J.S.A. 30:4C-15.1(a)(2), L. 2021, c. 154, § 9, and the ... the best interests of the children. The 2021 amendment to N.J.S.A. 30:4C-15.1(a)(2) deleted the second sentence of the second ...

docket:	a1044-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-15
status:	Unpublished
citation:
Document Size:	33284

185 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.A.H. -- rank: 644

... satisfied all four prongs of the statutory best interests test, N.J.S.A. 30:4C-15.1(a), and entered an order terminating Sandra's and Ryan's parental rights to Jason. This appeal ensued. I. N.J.S.A. 30:4C-15.1(a) authorizes the Division to petition for the termination of ... record. Under the first prong of the "best interests" test, N.J.S.A. 30:4C-15.1(a)(1), "the trial court must consider whether the parent ... v. F.M. , 211 N.J. 420 , 452 (2012) (quoting N.J.S.A. 30:4C-15.1(a)(3)). The Division's "reasonable efforts" include: (1) consultation ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] The Division must also show that alternatives to termination were considered. N.J.S.A. 30:4C-15.1(a)(3). Here, the trial court's findings with ...

docket:	a4378-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-15
status:	unpublished
citation:
Document Size:	36631

186 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.F. -- rank: 644

... Child Protection and Permanency (Division) proved all four pongs of N.J.S.A. 30:4C-15.1(a) as to each defendant by clear and convincing evidence ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] On appeal, Jen does not challenge the court's ... to disturb the court's ruling. The four prongs of N.J.S.A. 30:4C-15.1(a) "are not discrete and separate, but relate to and ... arising out of the parental relationship [that is] cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2)." Id. at 380-81 (citation omitted ... home." F.M. , supra , 211 N.J. at 452 (quoting N.J.S.A. 30:4C-15.1(a)(3)). The emphasis on the third prong is on ... itself, does not constitute a harm to the child under N.J.S.A. 30:4C-15.1(a)(1)," but harm exists when the child is ...

docket:	a4808-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-30
status:	unpublished
citation:
Document Size:	44121

187 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.I and J.M. -- rank: 644

... 1092-21 8 and convincing evidence the four prongs under N.J.S.A. 30:4C-15.1(a). Thus, he terminated Carol's and John's parental ... v. J.R., 442 U.S. 584, 603 (1979)). Under N.J.S.A. 30:4C-15.1(a), the Division must satisfy 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 evidence ... s opinion to conclude the Division satisfied its burden under N.J.S.A. 30:4C-15.1(a)(2). A-1092-21 11 Here, it is evident ... four prongs of the best interests of the child test, N.J.S.A. 30:4C- 15.1(a), and his findings are well supported by substantial and ... judge erred in finding the Division satisfied prong one under N.J.S.A. 30:4C-15.1(a). We disagree. The first prong of the best ...

docket:	a1092-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-11
status:	Unpublished
citation:
Document Size:	35540

188 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.P and F.A., SR -- rank: 644

... the four prongs of the 'best interests standard' embodied in N.J.S.A. 30:4C-15.1(a). The Law Guardian supported termination during trial and joins ... of the 'best interests of the child' test enumerated under N.J.S.A. 30:4C-15.1(a). The judge determined F.A., Jr. was 'harmed as ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). Based upon the uncontroverted expert testimony presented, Judge ... 2590-19 14 permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The judge determined F.A., Sr. was 'unable ... serious and enduring emotional or psychological harm to the child[.]' N.J.S.A. 30:4C-15.1(a)(2). In that regard, the judge noted that Dr ... home,' establishing the third prong of the best interests test. N.J.S.A. 30:4C-15.1(a)(3). The judge detailed the Division's A- ...

docket:	a2590-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-09
status:	Unpublished
citation:
Document Size:	33295

189 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.S and D.G. -- rank: 644

... 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 Division must prove harm that "threatens the ... harm." M.M. , supra , 189 N.J. at 289 (citing N.J.S.A. 30:4C-15.1(a)(2)); see also N.J. Div. of Youth & Family ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). The State must show that "the natural parent ... that resulted in her children being placed outside the home. N.J.S.A. 30:4C-15.1(a)(3). "Reasonable efforts" are attempts by an agency authorized ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(a)(3).] Importantly, "diligence of [the Division's] efforts ...

docket:	a0958-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	49907

190 New Protection v. J.I. -- rank: 644

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] A. We first address whether the Division presented clear ... showed she was "unwilling or unable to eliminate the harm." N.J.S.A. 30:4C-15.1(a)(1), (2). Moreover, she continued to use illegal drugs ... itself, does not constitute a harm to the child under N.J.S.A. 30:4C-15.1(a)(1)," K.H.O. , supra , 161 N.J. at ... which led to the child's placement outside the home." N.J.S.A. 30:4C-15.1(a). N.J.S.A. 30:4C-15.1(c) defines "reasonable efforts" as "attempts by an agency authorized ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). "[T]he question to be addressed under [ ...

docket:	a3457-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-08
status:	unpublished
citation:
Document Size:	53887

191 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.A.H. -- rank: 644

... satisfied all four prongs of the statutory best interests test, N.J.S.A. 30:4C-15.1(a), and entered an order terminating Sandra's and Ryan's parental rights to Jason. This appeal ensued. I. N.J.S.A. 30:4C-15.1(a) authorizes the Division to petition for the termination of ... record. Under the first prong of the "best interests" test, N.J.S.A. 30:4C-15.1(a)(1), "the trial court must consider whether the parent ... v. F.M. , 211 N.J. 420 , 452 (2012) (quoting N.J.S.A. 30:4C-15.1(a)(3)). The Division's "reasonable efforts" include: (1) consultation ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] The Division must also show that alternatives to termination were considered. N.J.S.A. 30:4C-15.1(a)(3). Here, the trial court's findings with ...

docket:	a4377-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-15
status:	unpublished
citation:
Document Size:	36630

192 DIVISION OF CHILD PROTECTION AND PERMANENCY v. I.S. -- rank: 644

... to prove each prong of the best interests test of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. After reviewing the hearing ... 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 other ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown under the first prong must ... 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:	a1387-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-18
status:	unpublished
citation:
Document Size:	46738

193 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.E.S. -- rank: 644

... to prove each of the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Division and Kate ... the child" analysis, applying the "four prong test" defined in N.J.S.A. 30:4C-15.1(a). Judge Baxter found the first prong, the harm requirement ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The requirements should not be considered separately, but should ... 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. That harm ... delay in securing permanency would only add to the harm. N.J.S.A. 30:4C-15.1(a)(2). D. Murray next argues the Division's proofs ... removal, and requires the court to consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). Title 30 defines "reasonable efforts" as attempts ...

docket:	a1395-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-11
status:	unpublished
citation:
Document Size:	76541

194 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.S.-S and M.M. and V.G -- rank: 642

... fourth prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a). She also contends the judge's decision 'is tainted ... the first and second prongs of the best interests test, N.J.S.A. 30:4C-15.1(a)(1) and (2), the judge found the girls' health ... prongs of the best interests test. Under the third prong, N.J.S.A. 30:4C-15.1(a)(3), the judge addressed the Division's efforts to ... best interests test. Under the fourth prong of the statute, N.J.S.A. 30:4C-15.1(a)(4), the judge found neither girls had a secure ... interests test.' Id. at 9. Under the 'best interests test,' N.J.S.A. 30:4C-15.1(a),7 the Division must satisfy the following prongs: 7 ... the statute in July 2021, eliminating the second sentence of N.J.S.A. 30:4C-15.1(a)(2). The amendment took effect after the A- ...

docket:	a2478-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-03
status:	Unpublished
citation:
Document Size:	68200

195 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.A.B. -- rank: 642

... she addressed the statutory standards governing termination of parental rights, N.J.S.A. 30:4C-15.1(a)(1) to (4), as well as pertinent case law ... oral opinion, concluding the Division satisfied the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Both parents appealed, and ... 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' ...

docket:	a1396-15
court:	NJ Superior Court Appellate Division
decided:	2016-12-28
status:	unpublished
citation:
Document Size:	72885