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226 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.B and C.N -- rank: 631

... its statutory burden under the four-prong best interests test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. The Division established Cynthia ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- -15.1(a) A-3194-21 3 requires the Division prove by ... 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 ... 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 ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The Division can establish the second prong by ... 2) the court 'considered alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). Cynthia does not challenge the judge's ...

docket:	a3194-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-15
status:	Unpublished
citation:
Document Size:	29945

227 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.D. -- rank: 631

... satisfy each of the four prongs of the statutory test, N.J.S.A. 30:4C-15.1(a), to prove guardianship was in the best interests of ... 103 N.J. at 604-11, is now codified in N.J.S.A. 30:4C-15.1(a), and requires the State establish each of the following ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria are not discreet and separate, but ... requires the court consider alternatives to termination of parental rights, N.J.S.A. 30:4C-15.1(a), such as placement with a relative caretaker, N.J ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). It "serves as a fail-safe against termination ...

docket:	a5317-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-07
status:	unpublished
citation:
Document Size:	54638

228 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.B. -- rank: 631

... v. M.M. , 189 N.J. 261 , 280 (2007) (quoting N.J.S.A. 30:4C-15.1(a)).] "These standards are neither discrete nor separate. They overlap ... relationship." M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)). "Rather than focusing on a single or isolated ... homelessness. Ibid. Under this approach, prongs (1) and (2) of N.J.S.A. 30:4C-15.1(a) are satisfied when a father fails to take responsibility ... harm." M.M. , supra , 189 N.J. at 283 (quoting N.J.S.A. 30:4C-15.1(a)(2)). Only one expert, Dr. Dyer, testified in this ... placement." M.M. , supra , 189 N.J. at 285 (quoting N.J.S.A. 30:4C-15.1(a)(3)). "'Reasonable efforts' may include consultation with the parent ... child's progress, and facilitating visitation." Id. at 281 (citing N.J.S.A. 30:4C-15.1(c)). Here, DYFS has been involved with this family ...

docket:	A4311-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-27
status:	Published
citation:
Document Size:	69284

229 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.B. -- rank: 631

... v. M.M. , 189 N.J. 261 , 280 (2007) (quoting N.J.S.A. 30:4C-15.1(a)).] "These standards are neither discrete nor separate. They overlap ... relationship." M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)). "Rather than focusing on a single or isolated ... homelessness. Ibid. Under this approach, prongs (1) and (2) of N.J.S.A. 30:4C-15.1(a) are satisfied when a father fails to take responsibility ... harm." M.M. , supra , 189 N.J. at 283 (quoting N.J.S.A. 30:4C-15.1(a)(2)). Only one expert, Dr. Dyer, testified in this ... placement." M.M. , supra , 189 N.J. at 285 (quoting N.J.S.A. 30:4C-15.1(a)(3)). "'Reasonable efforts' may include consultation with the parent ... child's progress, and facilitating visitation." Id. at 281 (citing N.J.S.A. 30:4C-15.1(c)). Here, DYFS has been involved with this family ...

docket:	A4310-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-27
status:	Published
citation:
Document Size:	69283

230 DIVISION OF CHILD PROETECTION v. R.L.M. -- rank: 631

... challenge aspects of the court's best interests findings under N.J.S.A. 30:4C-15.1(a)(1)-(4). Jim focuses on prongs three and four ...

docket:	a2849-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-28
status:	published
citation:	450 N.J.Super. 131 160 A.3d 714
Document Size:	68495

231 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.B. -- rank: 631

... v. M.M. , 189 N.J. 261 , 280 (2007) (quoting N.J.S.A. 30:4C-15.1(a)).] "These standards are neither discrete nor separate. They overlap ... relationship." M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)). "Rather than focusing on a single or isolated ... homelessness. Ibid. Under this approach, prongs (1) and (2) of N.J.S.A. 30:4C-15.1(a) are satisfied when a father fails to take responsibility ... harm." M.M. , supra , 189 N.J. at 283 (quoting N.J.S.A. 30:4C-15.1(a)(2)). Only one expert, Dr. Dyer, testified in this ... placement." M.M. , supra , 189 N.J. at 285 (quoting N.J.S.A. 30:4C-15.1(a)(3)). "'Reasonable efforts' may include consultation with the parent ... child's progress, and facilitating visitation." Id. at 281 (citing N.J.S.A. 30:4C-15.1(c)). Here, DYFS has been involved with this family ...

docket:	A4367-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-27
status:	Published
citation:
Document Size:	69283

232 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. V.B. -- rank: 628

... 103 N.J. at 604-11, is now codified in N.J.S.A. 30:4C-15.1(a), and requires the State establish each of the following ... 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 ... children and a parent's failure to mitigate that harm. N.J.S.A. 30:4C-15.1(a)(1), (2). The focus of the first prong examines ... court to consider alternatives to the termination of parental rights, N.J.S.A. 30:4C-15.1(a)(3). This could include the children's placement with ... will not do more harm than good" to the child. N.J.S.A. 30:4C-15.1(a)(4). The fourth prong "serves as a fail-safe ... clearly and convincingly satisfied the four-prong test outlined at N.J.S.A. 30:4C-15.1(a) were supported by the unrefuted evidence of record. ...

docket:	a1117-14
court:	NJ Superior Court Appellate Division
decided:	2015-09-23
status:	unpublished
citation:
Document Size:	43759

233 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.L.K. -- rank: 628

... proof of all four prongs of the "best interests" test, N.J.S.A. 30:4C-15.1(a), and entered an order terminating defendants' parental rights. Defendants ... ELEMENTS OF PRONG FOUR OF THE 'BEST INTERESTS' TEST UNDER N.J.S.A. 30:4C:15.1(a) BECAUSE IT FAILED TO OFFER ANY BONDING EVALUATION FROM ... FAILED TO ESTABLISH PRONG FOUR OF THE 'BEST INTERESTS' TEST N.J.S.A. 30:4C-15.1(a) BECAUSE THE TRIAL RECORD DID NOT CONTAIN CLEAR AND ... NO BONDING EVALUATION WAS CONDUCTED D. PRONG THREE OF THE N.J.S.A. 30:4C-15.1(a) TEST WAS NOT ESTABLISHED BECAUSE DYFS MADE SUPERFICIAL, NOT ... 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 ... 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:	a1937-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-26
status:	unpublished
citation:
Document Size:	58810

234 DIVISION OF YOUTH AND FAMILY SERVICES v. H.M. and J.C., II IN THE MATTER OF THE GUARDIANSHIP OF J.C., III a Minor -- rank: 628

... went on to analyze each of the four factors of N.J.S.A. 30:4C-15.1(a) and found that the Division had satisfied each by ... satisfied the elements of each of the four factors of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. A more highly focused ... criticism of the Division's evidence related to factor three, N.J.S.A. 30:4C-15.1(a)(3) ("The Division has made reasonable efforts to provide ... H.O. , supra , 161 N.J. at 347. Pursuant to N.J.S.A. 30:4C-15.1(a), parental rights may be terminated when the following standards ... H. , supra , 172 N.J. at 464. The first factor, N.J.S.A. 30:4C-15.1(a)(1), focuses "on the effect of harms arising from ... claims that the trial court erred by finding, pursuant to N.J.S.A. 30:4C-15.1(a)(3), that the Division made sufficient efforts to ...

docket:	a5520-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-13
status:	unpublished
citation:
Document Size:	65026

235 DIVISION OF YOUTH AND FAMILY SERVICES v. N.R. -- rank: 628

... Q. 1 N.R. contends that the statutory requirements of N.J.S.A. 30:4C-15.1 were not proven by clear and convincing evidence and that ... finding that DYFS had proved all the elements required by N.J.S.A. 30:4C-15.1 by clear and convincing evidence. This appeal followed. II. Under N.J.S.A. 30:4C-15.1(a), parental rights can be terminated only when the State ... 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 ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). The inquiry is "whether the parent can raise ... necessitated removal and placement of the child in foster care. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N.J. ...

docket:	a4695-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-10
status:	unpublished
citation:
Document Size:	33421

236 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.M.G. -- rank: 628

... 103 N.J. at 604-11, and later codified in N.J.S.A. 30:4C-15.1(a). The standard for our review of the trial court ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "[T]he focus [of the first prong] is ... the delay of permanent placement will add to that harm[.]" N.J.S.A. 30:4C-15.1(a)(2). In considering whether the Division has established this ... and the court considered alternatives to termination of parental rights[.]" N.J.S.A. 30:4C-15.1(a)(3). The determination of whether the Division's efforts ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The Division need not show that the child ...

docket:	a1858-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-24
status:	unpublished
citation:
Document Size:	42092

237 DIVISION OF YOUTH AND FAMILY SERVICES v. H.M. and J.C., II IN THE MATTER OF THE GUARDIANSHIP OF J.C., III a Minor -- rank: 628

... went on to analyze each of the four factors of N.J.S.A. 30:4C-15.1(a) and found that the Division had satisfied each by ... satisfied the elements of each of the four factors of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. A more highly focused ... criticism of the Division's evidence related to factor three, N.J.S.A. 30:4C-15.1(a)(3) ("The Division has made reasonable efforts to provide ... H.O. , supra , 161 N.J. at 347. Pursuant to N.J.S.A. 30:4C-15.1(a), parental rights may be terminated when the following standards ... H. , supra , 172 N.J. at 464. The first factor, N.J.S.A. 30:4C-15.1(a)(1), focuses "on the effect of harms arising from ... claims that the trial court erred by finding, pursuant to N.J.S.A. 30:4C-15.1(a)(3), that the Division made sufficient efforts to ...

docket:	a5483-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-13
status:	unpublished
citation:
Document Size:	65027

238 DOCKET NOS. A-1560-11T4 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.S. and J.A IN THE MATTER OF THE GUARDIANSHIP OF J.C.S., J.Z.A.-S and Y.R.A.-S minors -- rank: 628

... ANALYSIS. 2. [THE DIVISION] FAILED TO PROVE PRONG ONE OF N.J.S.A. 30:4C-15.1(a) IRRESPECTIVE OF THE REVERSAL OF THE PRIOR ABUSE OR ... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination when the Division proves ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "These standards are neither discrete nor separate. They overlap ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is to determine ... correct their circumstances, and to consider alternatives to parental termination. N.J.S.A. 30:4C-15.1(a)(3). A court evaluates on an individual basis the ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). This prong "serves as a fail-safe ...

docket:	a1560-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-15
status:	unpublished
citation:
Document Size:	61045

239 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.C and C.H -- rank: 628

... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] See also A.W., 103 N.J. at 604 ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). 'Although a particularly egregious single harm can trigger ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The judge should inquire as to 'whether the ... child.' K.H.O., 161 N.J. at 352 (quoting N.J.S.A. 30:4C- 15.1(a)(2)). Proof of the harm caused by a delay ... serious and enduring emotional or psychological harm to the child.' N.J.S.A. 30:4C-15.1(a)(2). Further, '[k]eeping the child in limbo, hoping ... the court [to] consider[] alternatives to termination of parental rights.' N.J.S.A. 30:4C- 15.1(a)(3). The Division must show that it made ...

docket:	a3365-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-22
status:	Unpublished
citation:
Document Size:	32192

240 /usr/local/share/www/libweb/collections/courts/appellate/a1314-18.opn.html -- rank: 628

... the second and fourth prongs of the best interests standard, N.J.S.A. 30:4C-15.1(a), at trial. The Law Guardian for David's twin ... or will continue to be endangered by the parental relationship,' N.J.S.A. 30:4C-15.1(a)(1), by clear and convincing evidence. Relying on the ... the court has considered alternatives to termination of parental rights,' N.J.S.A. 30:4C-15.1(a)(3). A-1314-18T3 38 As to the third ... with the judge's assessment. A-1314-18T3 39 harm,' N.J.S.A. 30:4C-15.1(a)(2), the judge found '[t]he evidence is overwhelming ... of parental rights will not do more harm than good,' N.J.S.A. 30:4C-15.1(a)(4), by considering whether the boys 'are in need ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] A-1314-18T3 49 The four prongs of ...

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