Search Rutgers Law Library N.J. Court Opinions

271 /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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272 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.H., and T.W., -- rank: 617

... support his finding that all four prongs for termination under N.J.S.A. 30:4C- 15.1(a) had been proven by clear and convincing evidence. Hence ... J.S.A. 30:4C-15(c) and elaborated in N.J.S.A. 30:4C-15.1(a). K.H.O., 161 N.J. at 347-48 ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] Those four prongs 'are not discrete and separate; they ...

docket:	a1774-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-02
status:	Published
citation:
Document Size:	62666

273 /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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274 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY, V. D.A. -- rank: 617

... four prongs of the 'best interests of the child' test, N.J.S.A. 30:4C-15.1(a)(1) to (4), by clear and convincing evidence. Accordingly ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). That determination was supported by '[t]he pervasive ... 3 the remaining three prongs by clear and convincing evidence, N.J.S.A. 30:4C- - 15.1(a)(2) to (4). Because Isiah has severe autism and ... the delay of permanent placement will add to the harm,' N.J.S.A. 30:4C-15.1(a)(2); and the first part of the third prong ... which led to the child's placement outside the home,' N.J.S.A. 30:4C-15.1(a)(3). However, we cannot discern on this record whether ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C- -15.1(a)(4). Accordingly, we affirm in part, and reverse ...

docket:	a1540-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-25
status:	Published
citation:
Document Size:	49355

275 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.E.L. -- rank: 615

... Protection and Permanency (Division) failed to prove each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. 3 They further contend ... and convincing evidence. His opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accord In re Guardianship of K.H.O. , 161 ... in defendants' arguments regarding the first and second prongs of N.J.S.A. 30:4C-15.1(a) to warrant much discussion in a written opinion. R ... K.H.O. , supra , 161 N.J. at 354 (citing N.J.S.A. 30:4C-15.1(a)(3)). Additionally, alternatives must be considered before deciding to terminate parental rights. N.J.S.A. 30:4C-15.1(c). Here, Thomas argues the Division has failed to make ... those for the termination of parental rights set forth in N.J.S.A. 30:4C-15.1. Prior to the appointment of a kinship legal guardian, ...

docket:	a6200-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-01
status:	unpublished
citation:
Document Size:	36776

276 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.I. -- rank: 615

... 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 or separate, but ... the court to consider alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a). This could include the children's placement with a ... be considered in order to satisfy the third [prong] of N.J.S.A. 30:4C-15.1." N.J. Div. of Youth & Family Servs. v. S.V ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). The prong "serves as a fail-safe against ...

docket:	a1871-13
court:	superior court trial
decided:	2015-03-13
status:	unpublished
citation:
Document Size:	73970

277 DIVISION OF YOUTH AND FAMILY SERVICES v. C.M. -- rank: 615

... or the Division) failed to establish the four prongs of N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. We disagree and affirm ... that DYFS had established each of the four factors under N.J.S.A. 30:4C-15.1 by clear and convincing evidence, which warranted the termination of ... against the State's parens patriae responsibility. Ibid. Pursuant to N.J.S.A. 30:4C-15.1(a), termination of parental rights is warranted when: (1) The ... 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 standard ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). The State need not "concentrate on a single ... G.L. , supra , 191 N.J. at 608, asserts that N.J.S.A. 30:4C-15.1(a) is "conduct-based." Defendant suggests that even if ...

docket:	a2029-09
court:	NJ Superior Court Appellate Division
decided:	2010-10-28
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citation:
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278 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.D.C. -- rank: 615

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These "four criteria . . . are not discrete and separate; they ... Div. 2001), certif. denied , 171 N.J. 44 (2002) (quoting N.J.S.A. 30:4C-15.1(a)(2)). "Mental illness, alone, does not disqualify a parent ... 607 (1986). C. Under the third prong of the analysis, N.J.S.A. 30:4C-15.1(a)(3), the Division was required to demonstrate it made ... O. , supra , 161 N.J. at 354. Thus, pursuant to N.J.S.A. 30:4C-15.1(a)(3), the court must evaluate whether the Division had ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] The Division's efforts are measured not by their ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The focus of this prong is whether ...

docket:	a2532-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-23
status:	unpublished
citation:
Document Size:	37275

279 /usr/local/share/www/libweb/collections/courts/appellate/a6201-11xx.opn.html -- rank: 615

... Protection and Permanency (Division) failed to prove each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. 3 They further contend ... and convincing evidence. His opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accord In re Guardianship of K.H.O. , 161 ... in defendants' arguments regarding the first and second prongs of N.J.S.A. 30:4C-15.1(a) to warrant much discussion in a written opinion. R ... K.H.O. , supra , 161 N.J. at 354 (citing N.J.S.A. 30:4C-15.1(a)(3)). Additionally, alternatives must be considered before deciding to terminate parental rights. N.J.S.A. 30:4C-15.1(c). Here, Thomas argues the Division has failed to make ... those for the termination of parental rights set forth in N.J.S.A. 30:4C-15.1. Prior to the appointment of a kinship legal guardian, ...

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court:	NJ Superior Court Law/Chancery Division
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280 DIVISION OFCHILD PROTECTION AND PERMANENCY v. S.M. -- rank: 615

... Division) failed to prove two of the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian supports ... the four prongs of the best interests test, codified in N.J.S.A. 30:4C-15.1(a). Consequently, the judge terminated defendant's parental rights to ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] These 'four prongs are not 'discrete and separate,' but ... 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 second ... of the children from the home.' Id. at 452 (quoting N.J.S.A. 30:4C- 15.1(a)(3)). The emphasis on the third prong is on ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). The fourth prong serves as a ''fail- ...

docket:	a3446-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-04
status:	unpublished
citation:
Document Size:	58037

281 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.M.P.J and R.J.H IN THE MATTER OF THE GUARDIANSHIP OF J.A.A.J., J.J.J I.J.J-C., I.J.C-J S.J.J-C., and R.P.O.C-J Minors -- rank: 615

... of the statutory "best interests of the child" test under N.J.S.A. 30:4C-15.1(a). Separate Law Guardians, representing the three older boys and ... findings as to prongs one and two of the statute, N.J.S.A. 30:4C-15.1(a)(1) and (2), concerning defendant's infliction of harm ... future harm. However, we order a remand concerning prong three, N.J.S.A. 30:4C-15.1(a)(3), to allow the record to be developed further ... to alternatives to termination, and for reconsideration of prong four, N.J.S.A. 30:4C-15.1(a)(4), in light of any post-judgment developments regarding ... when seeking the termination of a parent's rights under N.J.S.A. 30:4C-15.1(a), the Division has the burden of establishing, by clear ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also N.J. Div. of Youth & Family ...

docket:	a4118-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	61264

282 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.G. and L.C.C and E.L.C., III -- rank: 615

... the second, third, and fourth prongs of best interests standard N.J.S.A. 30:4C-15.1(a). The Law Guardian joins the Division in supporting the ... each of the prongs of the best-interests standard under N.J.S.A. 30:4C-15.1(a). The judge entered an order terminating defendant's parental ... and the placement of children with relatives or kinship guardians. N.J.S.A. 30:4C-15.1(a)(2) was amended to exclude from consideration of that ... considered as part of the totality of the circumstances under N.J.S.A. 30:4C-15.1). A-2996-20 13 (4) Termination of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The four prongs are not independent of one another ... under the third prong of the best interests test. See N.J.S.A. 30:4C-15.1(a)(3). He argues the Division 'purposely and negligently . . . ...

docket:	a2996-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-03
status:	Unpublished
citation:
Document Size:	34130

283 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.V.T., and J.V.C., SR -- rank: 615

... evidence all four prongs of the best interests tests under N.J.S.A. 30:4C-15.1(a). We affirm for the comprehensive and 2 On March ... warranting termination of Jon's parental rights. Regarding prong one, N.J.S.A. 30:4C-15.1(a)(1), the judge found Jon 'continue[d] to endanger ... basic needs constituted harm under prong one. Regarding prong two, N.J.S.A. 30:4C-15.1(a)(2), based on the trial evidence, the judge determined ... substance abuse issues.' A-3558-21 7 Regarding prong three, N.J.S.A. 30:4C-15.1(a)(3), the judge determined the Division 'made reasonable efforts ... required to address Junior's special needs. Regarding prong four, N.J.S.A. 30:4C-15.1(a)(4), the judge found termination of Jon's parental ... N.J.S.A. 3B:12A-1 to -7, and N.J.S.A. 30:4C-15.1(a)(2), warranting reversal of the judgment terminating his ...

docket:	a3558-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-13
status:	Unpublished
citation:
Document Size:	20701

284 /usr/local/share/www/libweb/collections/courts/appellate/a3546-15a3547-15a3548-15a3549-15.opn.html -- rank: 615

... prongs of the best interests of the child test under N.J.S.A. 30:4C-15.1(a). The Law Guardian argues that the Division proved all ... is able to continue a parental relationship without recurrent 3 N.J.S.A. 30:4C-15.1(a)(1). 4 N.J.S.A. 30:4C-15.1(a)(2). 21 A-3546-15T1 harm to the child ... with parental unfitness, the two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related to one another, and ... the court has considered alternatives to termination of parental rights[.]' N.J.S.A. 30:4C-15.1(a)(3). It requires the Division 'to undertake diligent efforts ...

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court:	NJ Superior Court Law/Chancery Division
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285 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.J. -- rank: 615

... Division) failed to prove the statutory best interests test. See N.J.S.A. 30:4C-15.1(a)(1) to (4). We affirm. I We glean the ... PROVING BY CLEAR AND CONVINCING EVIDENCE THE STANDARDS REQUIRED BY N.J.S.A. 30:4C-15.1(a) A. THE STATE FAILED TO PROVE THAT [ROGER] ENDANGERED IN ANY WAY [AMY'S] SAFETY, HEALTH OR DEVELOPMENT. N.J.S.A. 30:4C-15.1(a)(1) B. THE STATE DID NOT PROVE THAT [ROGER ... NOT BE CAPABLE OF PARENTING [AMY] IN THE FORESEEABLE FUTURE. N.J.S.A. 30:4C-15.1(a)(2) C. DYFS DID NOT PROVE THAT IT MADE REASONABLE EFFORTS TO PROVIDE SERVICES TO [ROGER]. N.J.S.A. 30:4C-15.1(a)(3) D. THE STATE DID NOT PROVE THAT [AMY ... THAN GOOD IN PERMANENTLY SEVERING HER RELATIONSHIP FROM HER FATHER. N.J.S.A. 30:4C-15.1(a)(4) The scope of review of a Family ...

docket:	a2500-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-28
status:	unpublished
citation:
Document Size:	40278