Search Rutgers Law Library N.J. Court Opinions

286 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status:	unpublished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

287 /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, ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	35539

288 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

289 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

290 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:	a1749-13
court:	superior court trial
decided:	2015-03-13
status:	unpublished
citation:
Document Size:	73970

291 COURT A-0523-14T3 OF CHILD PROTECTION AND PERMANENCY, 1 v. T.F IN THE MATTER OF THE GUARDIANSHIP OF T.M.C., a minor July 8 2015 -- rank: 615

... to prove each of the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. She also argues the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The above requirements should not be considered separately, but ... delay in securing permanency would only add to the harm. N.J.S.A. 30:4C-15.1(a) (2). Tina next argues the Division failed to provide reasonable services and consider alternatives to termination. N.J.S.A. 30:4C-15.1(a) (3). She claims the Division failed to advocate for ... 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 by ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] The diligence and reasonableness of the Division's ...

docket:	a0523-14
court:	NJ Superior Court Appellate Division
decided:	2012-09-05
status:	unpublished
citation:
Document Size:	62755

292 DCPP VS. I.J.R. AND Z.T., JR., THE BIOLOGICAL FATHER OF R.T.R., IN THE MATTER OF THE GUARDIANSHIP OF P.D.R. and R.T.R. -- rank: 613

... best-interests test necessary for termination of parental rights. See N.J.S.A. 30:4C-15.1(a). In opposition, the Division and Law Guardian urge this ... of the 'best interests of the child' test, codified by N.J.S.A. 30:4C-15.1(a). M.M., 189 N.J. at 280. That test ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] These prongs 'are not discrete and separate,' but rather ... to the child.' L. 2021, c. 154, § 9; see N.J.S.A. 30:4C-15.1(a)(2) (2015). Accordingly, any harm a child might suffer ... 256 N.J. 4, 26 (2023) (explaining that in amending N.J.S.A. 30:4C-15.1(a)(2) in 2021, the Legislature 'acted to preclude trial ... and to have 'considered alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a)(3). Reasonable efforts 'depend on the facts and ...

docket:	a2929-22a2930-22
court:	appellate
decided:	2024-05-16
status:	Unpublished
citation:
Document Size:	46482

293 /usr/local/share/www/libweb/collections/courts/appellate/a5167-18.opn.html -- rank: 613

... and accompanying opinion concluding the Division satisfied each prong under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under the first prong ... THAT [THE DIVISION'S] EVIDENCE SUPPORTED THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a) BY CLEAR AND CONVINCING EVIDENCE. A-5167-18T1 7 ... NOT DO MORE HARM THAN GOOD TO [JAKE] AND [MARK]. N.J.S.A. 30:4C-15.1(a) authorizes the Division to petition for the termination of ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] A trial court's decision to terminate parental rights ... he found clear and convincing evidence that prong one of N.J.S.A. 30:4C-15.1(a) was satisfied and that J.A.R.'s relationship ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The judge must consider whether the parent ...

docket:
court:
decided:
status:
citation:
Document Size:	29936

294 DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.D. -- rank: 613

... criteria for termination of P.D.'s parental rights in N.J.S.A. 30:4C-15.1(a). The judge determined that P.D. had harmed S ... establishes the criteria for termination of parental rights established in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. In re Guardianship of ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). P.D. asserts that he never abused or ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). The record shows that P.D. failed to ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). P.D. argues that the Division failed to ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). "[T]he fourth prong of the best ...

docket:	a5437-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-20
status:	published
citation:	452 N.J.Super. 98 171 A.3d 659
Document Size:	57317

295 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.E.Z. -- rank: 613

... convincing evidence the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). The Law Guardian supported termination before the trial court ... of parental rights will not do more harm than good. [ N.J.S.A . 30:4C-15.1(a).] These four, often overlapping elements, "provide a comprehensive standard ... The judge next addressed the four-prong test contained in N.J.S.A. 30:4C-15.1(a), and concluded that defendants' parental rights should be terminated ... evidence of harm arising out of the parent-child relationship. N.J.S.A. 30:4C-15.1(a)(1); see K.H.O. , supra , 161 N.J ... used as a defense to termination of parental rights under N.J.S.A. 30:4C-15.1(a)(3). [ N.J. Div. of Youth & Family Servs. v ... 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:	a2499-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-30
status:	unpublished
citation:
Document Size:	52082

296 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.E.Z. -- rank: 613

... convincing evidence the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). The Law Guardian supported termination before the trial court ... of parental rights will not do more harm than good. [ N.J.S.A . 30:4C-15.1(a).] These four, often overlapping elements, "provide a comprehensive standard ... The judge next addressed the four-prong test contained in N.J.S.A. 30:4C-15.1(a), and concluded that defendants' parental rights should be terminated ... evidence of harm arising out of the parent-child relationship. N.J.S.A. 30:4C-15.1(a)(1); see K.H.O. , supra , 161 N.J ... used as a defense to termination of parental rights under N.J.S.A. 30:4C-15.1(a)(3). [ N.J. Div. of Youth & Family Servs. v ... 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:	a2500-12xx
court:	NJ Superior Court Appellate Division
decided:	2013-10-30
status:	unpublished
citation:
Document Size:	52090

297 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.T. -- rank: 613

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four, often overlapping elements, "provide a comprehensive standard ... evidence of harm arising out of the parent-child relationship. N.J.S.A. 30:4C-15.1(a)(1); see K.H.O. , supra , 161 N.J ... parents also supports the court's prong two decision. See N.J.S.A. 30:4C-15.1(a)(2) (stating harm "may include evidence that separating the ... 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. at ... the family of the child's progress, and visitation facilitation. N.J.S.A. 30:4C-15.1(c). Those efforts depend upon the facts and circumstances of ... of parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The fourth prong "cannot require a showing ...

docket:	a2629-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-08
status:	unpublished
citation:
Document Size:	31795

298 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.J IN THE MATTER OF THE GUARDIANSHIP OF J.C. and N.C., minors -- rank: 613

... to satisfy by clear and convincing evidence the requirements of N.J.S.A. 30:4C-15.1( a ), and, therefore, [Steve'S] parental rights must be reinstated ... four-pronged best interests of the child test codified in N.J.S.A. 30:4C-15.1. Under that standard, the Division must demonstrate, by clear and ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The harm shown under the first prong must be ... that the Division failed to prove the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence and refused to terminate ... harm to his children. This argument misinterprets the scope of N.J.S.A. 30:4C-15.1(a)(1) by focusing on the absence of actual harm ... interests standard to this case's facts. The second prong, N.J.S.A. 30:4C-15.1(a)(2), addresses whether [t]he parent is unwilling ...

docket:	a1745-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	39771

299 DIVISION OF CHILD PROTECTION AND PERMANENCY v. V.R. -- rank: 613

... a detailed written statement of reasons addressing each prong of N.J.S.A. 30:4C-15.1(a), and to identify the factual support relied upon to ... of the "best interests of the child" test, codified at N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence before parental rights can ... 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 ...

docket:	a0054-15
court:	NJ Superior Court Appellate Division
decided:	2016-04-29
status:	unpublished
citation:
Document Size:	37077

300 DIVISION OF YOUTH AND FAMILY SERVICES v. S.R.M. and G.F. -- rank: 613

... Alicia" 1 ), were terminated by the Family Part pursuant to N.J.S.A. 30:4C-15.1(a). Defendants have respectively appealed that final judgment, principally alleging ... when seeking the termination of a parent's rights under N.J.S.A. 30:4C-15.1(a), DYFS has the burden of establishing, by clear and ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also A.W. , supra , 103 N.J. at ... will continue to endanger, Alicia's safety, health or development. N.J.S.A. 30:4C-15.1(a)(1). "Although a particularly egregious single harm can trigger ... a delay in permanent placement will contribute to that harm. N.J.S.A. 30:4C-15.1(a)(2). This requires the court to assess "whether it ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] A reasonable effort to provide services requires that ...

docket:	a5174-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-16
status:	published
citation:
Document Size:	53520