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301 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status:	unpublished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

302 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.B -- rank: 613

... Permanency (Division) failed to prove prongs three and four of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Defendant also alleges that ... of the best interests test by clear and convincing evidence, N.J.S.A. 30:4C-15.1(a); and (2) termination of defendant's parental rights was ... additional aspect of the four-prong 'best interests' test in N.J.S.A. 30:4C-15.1(a). Ibid. '[A]ssessment of relatives is part of the ... K.L.W., 419 N.J. Super. at 583 (citing N.J.S.A. 30:4C-15.1(c)(1)). If the Division 'fails to comply with its ... against the harms of a termination judgment as required by N.J.S.A. 30:4C-15.1(a)(4), and concluded that Daniel deserves permanency at this ...

docket:	a2620-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-11
status:	Unpublished
citation:
Document Size:	31653

303 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

304 /usr/local/share/www/libweb/collections/courts/appellate/a1643-15a1644-15.opn.html -- rank: 610

... record, finding that the Division had established the criteria in N.J.S.A. 30:4C-15.1(a) for the termination of S.W. and L.J ... or abusive parent.' Ibid. Therefore, the Division is authorized by N.J.S.A. 30:4C- 15.1(a) to seek the termination of parental rights in 'the ... 337, 348 (1999). The Division must establish the criteria in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. In re Guardianship of ... established the four prongs of the best interests standard in N.J.S.A. 30:4C-15.1(a). 7 A-1643-15T4 A. Prong One L.J ... be considered in order to satisfy the third [prong] of N.J.S.A. 30:4C-15.1.' N.J. Div. of Youth & Fam. Servs. v. R.G ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	45687

305 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. F.F. -- rank: 610

... the trial judge concluded the Division established each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. On appeal, defendant challenge ... s the judge's findings on all four prongs of N.J.S.A. 30:4C-15.1(a). He argues there was no evidence he harmed G ... not do more harm than good. [ Id. at 448 (quoting 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 ... harm in itself. Id. at 354. The third prong of N.J.S.A. 30:4C-15.1(a) requires the Division to make reasonable efforts to provide ... home. R.G. , supra , 217 N.J. at 557 (citing N.J.S.A. 30:4C-15.1(a)(3)). The emphasis on the third prong is ...

docket:	a3012-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-08
status:	unpublished
citation:
Document Size:	30232

306 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.F. and J.G -- rank: 610

... prongs of the best interests of the child standard under N.J.S.A. 30:4C-15.1. After a review of the contentions in light of the ... Division failed to establish the four required statutory factors under N.J.S.A. 30:4C-15.1. We defer to the trial court's findings of fact ... 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 ... to find the Division satisfied the first three prongs of N.J.S.A. 30:4C-15.1(a). After a lengthy and thorough recitation of the facts ... children or to provide a safe and stable home. See N.J.S.A. 30:4C-15.1(a)(2). In turning to the third prong, the ...

docket:	a3076-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-31
status:	Unpublished
citation:
Document Size:	43978

307 DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.T.T. -- rank: 610

... Child Protection and Permanency (Division) proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We agree and affirm ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four prongs of N.J.S.A. 30:4C-15.1(a) "are not discrete and separate, but relate to and ... home." F.M. , supra , 211 N.J. 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-safe ...

docket:	a2140-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-27
status:	unpublished
citation:
Document Size:	55832

308 DIVISION OF CHILD PROTECTION AND PERMANENCY v. V.C.T. -- rank: 610

... 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).] The four criteria "'are not discreet and separate, but ... by the parent-child relationship on the child over time. N.J.S.A. 30:4C-15.1(a)(1)-(2). The prongs "are related to one another ... 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:	a3287-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-18
status:	unpublished
citation:
Document Size:	54629

309 DIVISION OF YOUTH v. L.M. and P.T IN THE MATTER OF THE GUARDIANSHIP OF M.M., N.M., and S.M -- rank: 610

... the four prongs of the best interests test, contained in N.J.S.A. 30:4C-15.1(a), as to both defendants. The judge addressed the proofs ... N.J. 591 , 604-11 (1986), and now codified in N.J.S.A. 30:4C-15.1(a). Under that standard, parental rights may be terminated only ... children based upon the "law of the case." We disagree. N.J.S.A. 30:4C-15.1(a)(1) requires that DYFS prove by clear and convincing ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). The Division made efforts to find appropriate placements ... her Individualized Education Program (IEP), and her medical records. Under N.J.S.A. 30:4C-15.1(c), the Division had an obligation to inform Peter "at ... s . . . problems." Had the Division complied with the provisions of N.J.S.A. 30:4C-15.1(c)(3), Peter would have been given the opportunity ...

docket:	a1933-19
court:	New Jersey Superior Court Appellate Division
decided:	2013-02-12
status:	Published
citation:
Document Size:	67052

310 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.M and S.D -- rank: 610

... abused her. 9 A-4514-19 Under prong one of N.J.S.A. 30:4C-15.1(a)(1) — harm to the child — the trial ... NO MORE HARM THAN GOOD. II. To terminate parental rights, N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and convincing ... 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 ... evidence in the record that the first two prongs of N.J.S.A. 30:4C-15.1(a) were satisfied by clear and convincing evidence. B. Defendant ... contends DCPP failed to make 'reasonable efforts' as defined by N.J.S.A. 30:4C-15.1(c) and that she was willing to attend other services ... she and Sam attend couples' counseling. The third prong of N.J.S.A. 30:4C-15.1(a) requires the State to make reasonable efforts by ...

docket:	a4514-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-09
status:	Unpublished
citation:
Document Size:	35090

311 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M. -- rank: 610

... the four prongs of the best interests test, contained in N.J.S.A. 30:4C-15.1(a), as to both defendants. The judge addressed the proofs ... N.J. 591 , 604-11 (1986), and now codified in N.J.S.A. 30:4C-15.1(a). Under that standard, parental rights may be terminated only ... children based upon the "law of the case." We disagree. N.J.S.A. 30:4C-15.1(a)(1) requires that DYFS prove by clear and convincing ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). The Division made efforts to find appropriate placements ... her Individualized Education Program (IEP), and her medical records. Under N.J.S.A. 30:4C-15.1(c), the Division had an obligation to inform Peter "at ... s . . . problems." Had the Division complied with the provisions of N.J.S.A. 30:4C-15.1(c)(3), Peter would have been given the opportunity ...

docket:	a1934-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-12
status:	unpublished
citation:	430 N.J.Super. 428 65 A.3d 265
Document Size:	65704

312 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.V.R. -- rank: 608

... necessary to terminate the parental rights of all three parents. N.J.S.A. 30:4C-15.1(a). I Before discussing the issues raised by the parents ... H.O. , 161 N.J. 337 , 347 (1999). Pursuant to N.J.S.A. 30:4C-15.1(a), termination is not appropriate unless the Division satisfies each ... that the Division has not satisfied the fourth prong of N.J.S.A. 30:4C-15.1(a) because "in the absence of an adoptive home and ... 431 N.J. Super. 212, 223-24 (App. Div. 2013). N.J.S.A. 30:4C-15.1(a)(1). Similarly, prong two is satisfied when a parent ... to provide a safe and stable home for the child, N.J.S.A. 30:4C-15.1(a)(2). See K.H.O. , supra , 161 N.J ... addiction and domestic violence. With regard to the third prong, N.J.S.A. 30:4C-15.1(a)(3), Rich argues that the Division failed to ...

docket:	a2508-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-26
status:	unpublished
citation:
Document Size:	54856

313 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.R. and C.F. -- rank: 608

... prong one [of the best interests of the child test, N.J.S.A. 30:4C-15.1] has been established by clear and convincing evidence." As to ... 103 N.J. 591, 604-11 (1986), now codified in N.J.S.A . 30:4C-15.1. The statute provides: a. The division shall initiate a petition ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four statutory criteria "are not discrete and separate ...

docket:	a4239-08
court:	NJ Superior Court Appellate Division
decided:	2010-06-02
status:	unpublished
citation:
Document Size:	96448

314 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.K. -- rank: 608

... of the four prongs of the best interest test. See N.J.S.A. 30:4C-15.1(c). The Law Guardian joins the Division in support of ... all four prongs of the best interest test codified at N.J.S.A. 30:4C-15.1(a): (1) The child's safety, health, or development has ... 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 and Family ... enduring emotional or psychological harm" that defendant could not ameliorate. N.J.S.A. 30:4C-15.1(a)(2). Thus, the trial court had ample grounds for ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] 8 We recognize that the trial court did not ...

docket:	a2862-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-28
status:	unpublished
citation:
Document Size:	45624

315 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.M and A.H -- rank: 608

... CURIAM The trial court, after assessing the four prongs of N.J.S.A. 30:4C-15.1(a), terminated defendant N.M.'s parental rights to one ... the Division proved prong three of the 'best interests' standard, N.J.S.A. 30:4C-15.1(a)(3). 2 Avery's father, A.H., has voluntarily ... the Division did not meet the fourth best-interests prong, N.J.S.A. 30:4C-15.1(a)(4), because adoption would do more harm than good ... established by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a), which permits termination of parental A-1945-21 4 ... in finding the Division met prongs three and four of N.J.S.A. 30:4C-15.1(a)(3)(4), because the July 2021 amendments to the ... 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 ...

docket:	a1945-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-01
status:	Unpublished
citation:
Document Size:	16468