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241 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:	a1561-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-15
status:	unpublished
citation:
Document Size:	61045

242 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:	a1938-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-26
status:	unpublished
citation:
Document Size:	58809

243 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.M.S. -- rank: 626

... four of the 'best interests of the child' test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. 1 We use fictitious ... his parental rights 'will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4).2 All of the judge's findings are ... the Division failed to establish prongs one and two of N.J.S.A. 30:4C-15.1(a). Nor has he challenged the court's finding under N.J.S.A. 30:4C-15.1(a)(3) that the Division made 'reasonable efforts to provide ... 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 ...

docket:	a5644-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-31
status:	Unpublished
citation:
Document Size:	19108

244 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.A.I. -- rank: 626

... and Permanency (Division) failed to prove all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian supported ... the four prongs of the best interests test, codified in N.J.S.A. 30:4C-15.1(a), and defendant's parental rights to N.A.P ... 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 the Division established by clear and convincing evidence under N.J.S.A. 30:4C-15.1(a) that it was in N.A.P.'s best ... 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)." D.M.H. , supra , 161 ...

docket:	a1590-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-13
status:	unpublished
citation:
Document Size:	32523

245 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.M. -- rank: 626

... proved by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a). Judge Johnson also explained that his determinations from the ... four of the 'best interests of the child test' under N.J.S.A. 30:4C- 15.1(a) by clear and convincing evidence. Yolanda also claims the ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and convincing ... neglected.' Id. at 586. This harm satisfies F.H. and N.J.S.A. 30:4C-15.1(a)(1). A-4822-16T3 20 We also reject Yolanda ... argued that the Division failed to establish prong two of N.J.S.A. 30:4C-15.1(a). We have nevertheless independently reviewed the record and are ... evidence presented in the guardianship trial clearly and convincingly satisfied N.J.S.A. 30:4C-15.1(a), independent of the court's findings in the ...

docket:	a4822-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-16
status:	Unpublished
citation:
Document Size:	54031

246 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.A. -- rank: 626

... the best interests test for termination of parental rights under N.J.S.A. 30:4C-15.1(a) with regard to both M.A. and M.C ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Our Supreme Court has noted that, "The four criteria ... will continue to be endangered by" his relationship with her. N.J.S.A. 30:4C-15.1(a)(1). She contends the Division failed to prove that ... unwilling and/or unable to eliminate the harm to Michael. N.J.S.A. 30:4C-15.1(a)(2). She contends that she had her last relapse ... considered alternatives to termination of parental rights, as required by N.J.S.A. 30:4C-15.1(a)(3). On this issue, M.A. relies upon Dr ... her parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). She contends that none of the experts ...

docket:	a5218-13
court:	superior court trial
decided:	2015-02-24
status:	unpublished
citation:
Document Size:	34102

247 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.A. -- rank: 626

... the best interests test for termination of parental rights under N.J.S.A. 30:4C-15.1(a) with regard to both M.A. and M.C ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Our Supreme Court has noted that, "The four criteria ... will continue to be endangered by" his relationship with her. N.J.S.A. 30:4C-15.1(a)(1). She contends the Division failed to prove that ... unwilling and/or unable to eliminate the harm to Michael. N.J.S.A. 30:4C-15.1(a)(2). She contends that she had her last relapse ... considered alternatives to termination of parental rights, as required by N.J.S.A. 30:4C-15.1(a)(3). On this issue, M.A. relies upon Dr ... her parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). She contends that none of the experts ...

docket:	a5217-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-24
status:	unpublished
citation:
Document Size:	34207

248 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A. and S.A. -- rank: 626

... from an order of the Family Part entered pursuant to N.J.S.A. 30:4C-15.1, which terminated their parental rights to their daughter, S.A ... K.H.O. , 161 N.J. 337 , 347 (1999). Under N.J.S.A. 30:4C-15.1(a), DYFS can initiate a petition to terminate parental rights ... and delay in permanent placement will add to the harm. N.J.S.A. 30:4C-15.1(a)(2). To support this finding, the trial court relied ... 161 N.J. at 353. "Reasonable efforts" are defined in N.J.S.A. 30:4C-15.1(c) as including but not limited to: 1) consulting and ... the court of the alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). The judge stated that S.A.'s "placement ... not as strong, that evidence will satisfy the requirements of N.J.S.A. 30:4C-15.1(a)(4). . . ." Id. at 363. The trial court found: ...

docket:	a0952-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-30
status:	unpublished
citation:
Document Size:	125433

249 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A. and S.A. -- rank: 626

... from an order of the Family Part entered pursuant to N.J.S.A. 30:4C-15.1, which terminated their parental rights to their daughter, S.A ... K.H.O. , 161 N.J. 337 , 347 (1999). Under N.J.S.A. 30:4C-15.1(a), DYFS can initiate a petition to terminate parental rights ... and delay in permanent placement will add to the harm. N.J.S.A. 30:4C-15.1(a)(2). To support this finding, the trial court relied ... 161 N.J. at 353. "Reasonable efforts" are defined in N.J.S.A. 30:4C-15.1(c) as including but not limited to: 1) consulting and ... the court of the alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). The judge stated that S.A.'s "placement ... not as strong, that evidence will satisfy the requirements of N.J.S.A. 30:4C-15.1(a)(4). . . ." Id. at 363. The trial court found: ...

docket:	a0951-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-10-30
status:	unpublished
citation:
Document Size:	125426

250 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.L.N. -- rank: 626

... that the Division had established the four prongs pursuant to N.J.S.A. 30:4C-15.1(a). On September 13, the trial judge placed an oral ... 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 care. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N.J. ...

docket:	a1488-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-22
status:	unpublished
citation:
Document Size:	69406

251 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R. and R.D -- rank: 626

... all four prongs of the statutory criteria for termination under N.J.S.A. 30:4C-15.1(a). In particular, the judge found the Division had established ... that the Division failed to establish the four prongs of N.J.S.A. 30:4C-15.1 by clear and convincing evidence. R.D. additionally contends that ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] A-2329-19 8 'The four criteria enumerated in ... 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. Moreover, 'prolonged ... placement would cause serious and enduring mental or emotional impairment. N.J.S.A. 30:4C-15.1(a)(2). Here, Dr. Lee concluded that A.D. had ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] A-2329-19 17 The focus is on ...

docket:	a2329-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-05
status:	Unpublished
citation:
Document Size:	42450

252 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.C.A. and J.J.C.B. -- rank: 624

... case regarding the issue of whether the 2021 amendments to N.J.S.A. 30:4C:15.1(a) barred all evidence of a child's relationship with ... prongs of the best interests of the child standard under N.J.S.A. 30:4C-15.1(a) and terminated defendants' parental rights to Sam. In considering ... J.S.A. 30:4C-15(c) and elaborated in N.J.S.A. 30:4C-15.1(a) as four prongs. K.H.O., 161 N.J ... 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 ... with defendants' contentions regarding the first and second prongs of N.J.S.A. 30:4C-15.1(c). Divina argues that the court erred in finding her ... placement' will further harm the child.' Id. at 352 (citing N.J.S.A. 30:4C- 15.1(a)(2)). While prongs one and two are separate ...

docket:	a0886-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-03
status:	Unpublished
citation:
Document Size:	43545

253 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.M.W and S.O.F -- rank: 624

... 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 ... 418, 434 (App. Div. 2001) (first alteration in original) (quoting N.J.S.A. 30:4C-15.1(a)(2)). [T]he second prong may be met by ... litigation risk that a Family Part judge will conclude, under N.J.S.A. 30:4C- 15.1(a)(3), that it has failed to prove by clear ... to termination of parental rights' were considered as required by N.J.S.A. 30:4C-15.1(a)(3). N.J.S.A. 30:4C-12.1 ...

docket:	a5369-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Unpublished
citation:
Document Size:	46450

254 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.M. -- rank: 624

... 332 N.J. Super. 392 , 402 (Ch. Div. 2000)). Under N.J.S.A. 30:4C-15.1(a), DYFS can initiate a petition to terminate parental rights ... 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 ... argues that DYFS did not establish the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We disagree. We have ... to DYFS's placement of both children in foster care. N.J.S.A. 30:4C-15.1(a)(1). Within portions of her brief, R.M. appears ... unwilling to eliminate the harm that B.M. has experienced. N.J.S.A. 30:4C-15.1(a)(2). We agree with the trial court's observation ... were viable alternatives to the termination of her parental rights. N.J.S.A. 30:4C-15.1(a)(3). The sufficiency of DYFS's efforts is ...

docket:	a3655-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-16
status:	Published
citation:
Document Size:	63869

255 In the Matter of the Guardianship of DMH, CLHW, LFH, and RQH, Minors -- rank: 624

... N.J. __ (1999), involves the termination of parental rights under N.J.S.A. 30: 4C-15.1(a) , and also involves the alternative standard of abandonment as ... made findings in terms of the abandonment standard for termination, N.J.S.A. 30:4C-15.1 (a) for termination, which includes harm to the child from ... under 103 N.J. 591 (1986), and later codified in N.J.S.A . 30:4C-15.1(a).     Under the statute, parental rights may be terminated upon ... of parental rights will not do more harm than good. [ N.J.S.A . 30:4C-15.1(a) (1998).] See footnote 3     The alternative statutory standard, See ... s progress, development and health; and         (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).]     The New Jersey Administrative Code also provides guidelines for ... the court has considered alternatives to termination of parental rights[.]” N.J.S.A. 30:4C-15.1(a)(3). See footnote 9     It is clear that ...

docket:	a-8-98
court:	njsupreme
decided:	1999-08-03
status:
citation:	161 N.J. 365
Document Size:	55224