Search Rutgers Law Library N.J. Court Opinions

256 DIVISION OF YOUTH AND FAMILY SERVICES v. G.G IN THE MATTER OF THE GUARDIANSHIP OF B.S.G a Minor -- rank: 624

... the four-prong "best interests of the child" test. See N.J.S.A. 30:4C-15.1(a). On appeal, defendant presents the following arguments: I. THE ELEMENTS OF N.J.S.A. 30:4C-15.1 WERE NOT PROVEN BY CLEAR AND CONVINCING EVIDENCE. A. G ... The best interests of the child standard set forth in N.J.S.A. 30:4C-15.1(a) is an effort to balance these interests. Ibid. This ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] III. The first prong of the best interests test ... health or development has been endangered by the parental relationship. N.J.S.A. 30:4C-15.1(a). Contrary to defendant's argument, the Court in L ... inability to eliminate the circumstances causing harm to the child. N.J.S.A. 30:4C-15.1(a)(2). This element reinforces the first element concerning ...

docket:	a5045-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-15
status:	unpublished
citation:
Document Size:	34358

257 DIVISION OF YOUTH AND FAMILY SERVICES v. L.D.-S IN THE MATTER OF THE GUARDIANSHIP OF L.A.D.S a Minor -- rank: 624

... and convincing evidence the four prongs of the termination statute. N.J.S.A. 30:4C-15.1(a). She also argues, for the first time on appeal ... prove each of the four prongs of the termination statute, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. We disagree, and affirm ... 103 N.J. 591 , 604-11 (1986) and 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 criteria are neither separate nor discrete. In re ...

docket:	a5841-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-10
status:	Published
citation:
Document Size:	74606

258 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.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:	a3560-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-16
status:	Published
citation:
Document Size:	63869

259 DIVISION OF YOUTH AND FAMILY SERVICES v. T.G. and M.G. -- rank: 622

... ascertain whether the evidence fulfills the best interests standard of N.J.S.A. 30:4C-15.1(a)." D.M.H , supra , 161 N.J. at 378 ...

docket:	a3970-08
court:	NJ Superior Court Appellate Division
decided:	2010-03-01
status:	unpublished
citation:
Document Size:	62501

260 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.C.A. -- rank: 622

... four-prong best interests of the child test delineated in N.J.S.A. 30:4C- 15.1(a). It found that the Division proved each prong in ... amendment to prong two of best interests test contained in N.J.S.A. 30:4C- 15.1(a). We review this interpretation de novo and need not ... best interests of the child' test, which is codified in N.J.S.A. 30:4C-15.1(a). That statute delineates a four-part inquiry which, taken ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] To prevail, the Division must establish the above standards ... serious and enduring emotional or psychological harm to the child.' N.J.S.A. 30:4C-15.1(a)(2) (amended 2021). The Legislature did not alter the ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). 'The question ultimately is not whether a ...

docket:	a0735-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-27
status:	Published
citation:
Document Size:	44303

261 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. Q.P. -- rank: 622

... three and four of the best interests test established by N.J.S.A. 30:4C-15.1(a). We affirm. I. We discern the following facts and ... RIGHTS WAS NOT WARRANTED UNDER THE BEST "INTEREST TEST" OF N.J.S.A. [30:4C-15.1(a)]. POINT I: THE COURT BELOW ERRED IN FINDING THAT ... 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 ...

docket:	a1162-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-12
status:	unpublished
citation:
Document Size:	73283

262 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.K.H. -- rank: 622

... Although we conclude the statutory requirements for terminating parental rights, N.J.S.A. 30:4C-15.1(a)(1)-(4), were proven by clear and convincing evidence ... by clear and convincing evidence that all four prongs under N.J.S.A. 30:4C-15.1(a) were met, and affirm the order terminating Allen's ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] These factors relate to each other and ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). "'Reasonable efforts' will vary depending upon the circumstances ... J. 1 , 20 (2009))). Having satisfied all four prongs of N.J.S.A. 30:4C-15.1(a), for both parents, there was no error by the ...

docket:	a3684-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-19
status:	published
citation:
Document Size:	59011

263 DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.S and M.W IN THE MATTER OF THE GUARDIANSHIP OF M.S., a minor -- rank: 622

... contends the Division did not prove the four prongs of N.J.S.A. 30:4C-15.1(a) to justify termination of her parental rights. She also ... the mark but well-supported by the evidence. Pursuant to N.J.S.A. 30:4C-15.1(a), parental rights may be terminated when: (1) The child ... or that the potential rose to the degree necessary under N.J.S.A. 30:4C-15.1(a)(1). Yet because this Court finds by clear and ... the evidence was insufficient to meet the four prongs of N.J.S.A. 30:4C-15.1(a). With respect to the first prong, the Division "must ... supported the court's conclusion that the second prong of N.J.S.A. 30:4C-15.1(a) was satisfied. To satisfy the third prong of the ... court must have "considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). This subsection "contemplates efforts that focus on ...

docket:	a3172-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-26
status:	Published
citation:
Document Size:	51183

264 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. F.N.C. and T.E.F., SR., a/k/a T.E.F -- rank: 619

... four of the best- interests-of-the-child standard of N.J.S.A. 30:4C-15.1(a)(3) and (4) by clear and convincing evidence. The ... 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) to (4).] 'The four criteria enumerated in the ... 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 ... best interests test for parental termination cases as codified under N.J.S.A. 30:4C-15.1(a)(1) to (4). Ms. J.'s decision to pursue ... defendants' parental rights 'will not do more harm than good,' N.J.S.A. 30:4C- 15.1(a)(4), as it is supported by substantial credible ...

docket:	a3506-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-30
status:	Unpublished
citation:
Document Size:	40935

265 /usr/local/share/www/libweb/collections/courts/trial/trial_court_squibs.opn.html -- rank: 619

... filed by the Division of Youth and Family Services under N.J.S.A. 30:4C-15.1(b). The opinion addresses the scope of the Safe Haven ...

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court:	NJ Superior Court Law/Chancery Division
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266 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.K and J.J., SR., -- rank: 619

... prongs of the statutory best-interests-of-the-child test, N.J.S.A. 30:4C- 15.1(a), which requires clear and convincing evidence that: (1) The ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also In re Guardianship of K.H.O ... negated the judge's conclusions. 'The first two prongs [of N.J.S.A. 30:4C-15.1(a)] are 'the two components of the harm requirement' and ... failed to adequately consider then-recent statutory amendments to the N.J.S.A. 30:4C-15.1(a)(2) and the Kinship Legal Guardianship Act (KLG), N ... to -7.3 Defendant contends that 3 The Legislature amended N.J.S.A. 30:4C-15.1(a)(2) on July 2, 2021, deleting what had been ... her life, and had supervised defendant's visitation with Johnny. N.J.S.A. 30:4C-15.1(a)(3) requires the Division to make 'reasonable efforts ...

docket:	a1069-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-20
status:	Unpublished
citation:
Document Size:	29407

267 DIVISION OF YOUTH and FAMILY SERVICES v. C.M IN THE MATTER OF THE GUARDIANSHIP OF J.J.M., A Minor -- rank: 619

... a decision terminating C.M.'s parental rights pursuant to N.J.S.A. 30:4C-15.1(a) being issued on August 2, 2010. At trial, Dr ... Judge Wright set forth each of the four prongs of N.J.S.A. 30:4C-15.1(a), found the facts, applied the law to each prong ... See N.J.S.A. 30:4C-15(c). Under N.J.S.A. 30:4C-15.1(a), parental rights may be terminated when: (1) The child ... placement of the child and in reinforcing the family structure. N.J.S.A. 30:4C-15.1(c). The judge detailed the extensive substance abuse treatment and ... s parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The fourth prong under the statute further "serves ... including with respect to the third and fourth prongs of N.J.S.A. 30:4C-15.1(a). The judge found that each of the four ...

docket:	a0267-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-27
status:	unpublished
citation:
Document Size:	40765

268 /usr/local/share/www/libweb/collections/courts/appellate/a3282-20.opn.html -- rank: 617

... S.A. 30:4C-15(c) and elaborated upon in N.J.S.A. 30:4C-15.1(a)). To terminate parental rights, N.J.S.A. 30:4C-15.1(a) requires the Division to prove four prongs by clear ... the Legislature enacted L. 2021 c.154, § 9 amending N.J.S.A. 30:4C-15.1(a) pertaining to the standards for terminating parental rights. Specifically, the Legislature amended N.J.S.A. 30:4C- 15.1(a)(2) to exclude from consideration in a termination of ... AT PROVIDING SERVICES IN VIOLATION OF THE THIRD PRONG OF N.J.S.A. 30:4C-15.1(a). [POINT VI] THE TRIAL [JUDGE] ERRED IN CONCLUDING THAT ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O., 161 N.J. ...

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court:	New Jersey Superior Court Appellate Division
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269 /usr/local/share/www/libweb/collections/courts/appellate/a4993-18.opn.html -- rank: 617

... all four prongs of the best interests test pursuant to N.J.S.A. 30:4C-15.1(a)(1)-(4) by clear and A-4993-18T3 8 ... W., 103 N.J. 591, 604-11, and codified in N.J.S.A. 30:4C-15.1(a). In reviewing the trial judge's application of the ... regardless of whether he was incarcerated. Indeed, under prong one, N.J.S.A. 30:4C- 15.1(a)(1), harm is not limited to physical abuse or ... delay in permanency will cause further harm to the child. N.J.S.A. 30:4C-15.1(a)(2). 'Such harm may include evidence that separating the ... the parent, and whether the court considered alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). When D.E. could be located, and regardless ... parental rights will not do more harm than good. See N.J.S.A. 30:4C-15.1(a)(4). '[T]he fourth prong . . . is a 'fail- ...

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270 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.I and N.R. -- rank: 617

... interests test necessary for the termination of parental rights. See N.J.S.A. 30:4C-15.1(a). Cheryl also argues the Division failed to 1 We ... Judge applied the four-prong best interests test codified in N.J.S.A. 30:4C-15.1(a), and found the Division established each prong by clear ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] Our careful review of the record convinces us that ... J.S.A. 3B:12A-1 to -7, and to N.J.S.A. 30:4C-15.1(a)(2), require reversal rests on an inaccurate interpretation of ... s application of the best - interests test, as codified in N.J.S.A. 30:4C-15.1(a)(1) to (4), in a parental- termination case. The only amendment to N.J.S.A. 30:4C-15.1(a) was to prong two, which no longer requires ...

docket:	a3886-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-19
status:	Unpublished
citation:
Document Size:	42731