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316 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:	a2507-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-26
status:	unpublished
citation:
Document Size:	54856

317 /usr/local/share/www/libweb/collections/courts/appellate/a2509-13xx.opn.html -- 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	53769

318 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

319 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

320 OF YOUTH AND FAMILY SERVICES v. D.M IN THE MATTER OF THE GUARDIANSHIP OF D.A.M. and T.A.M Minors -- rank: 606

... each prong of the best interests of the child standard, N.J.S.A. 30:4C-15.1(a). We disagree and affirm. On appeal, the record discloses ... 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 case. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N.J. ...

docket:	a4604-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-02
status:	unpublished
citation:
Document Size:	53165

321 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.L. -- rank: 606

... evidence supporting the statutory requirement for termination of parental rights. N.J.S.A. 30:4C-15.1. The court considered the evidence proffered in the first trial ... supra , 103 N.J. at 604-11, was codified in N.J.S.A. 30:4C-15.1(a), and requires the State to establish each of the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four requirements "are not discrete and separate; they ... the Division, failed to eliminate the harm to the children. N.J.S.A. 30:4C-15.1(a)(1) and (2). Without question, the totality of these ... not as strong, that evidence will satisfy the requirement of N.J.S.A. 30:4C-15.1(a)(4)[.]" Id. at 363. Here, the children are solidly ... be considered in order to satisfy the third element of N.J.S.A. 30:4C-15.1. Rather, . . . it is an intended option where parental neglect ...

docket:	a4069-09
court:	superior court appellate division
decided:	2011-01-28
status:	Unpublished
citation:
Document Size:	72094

322 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.D.W. -- rank: 606

... each of the prongs of the statutory best-interests standard, N.J.S.A. 30:4C-15.1, and concluded Tara's parental rights to Matt and Zelda ... COURT ERRED IN FINDING THAT ALL FOUR PRONGS OF THE N.J.S.A. 30:4C-15.1(a) BEST INTERESTS TEST FOR THE TERMINATION OF T.D ... only be granted 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).] 'The four criteria enumerated in the best interests standard ... J. at 348. '[T]he cornerstone of the inquiry [under N.J.S.A. 30:4C-15.1(a)] is not A-2620-17T2 23 whether the biological ... the circumstances that led to the children's placement. See N.J.S.A. 30:4C-15.1(a)(3); see also In re Guardianship of D. ...

docket:	a2620-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-28
status:	Unpublished
citation:
Document Size:	55370

323 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.H. -- rank: 606

... all four prongs of the best interests standard embodied in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, and the trial court ... light of the record and applicable legal standards, we affirm. N.J.S.A. 30:4C-15.1(a)(1) to -15.1(a)(4) requires the Division ... four prongs of the 'best interest[s]' test codified at '[N.J.S.A.] 30:4C-15.1.' The judge explained that although the 'harm [was] not the ... at trial, made detailed findings as to each prong of N.J.S.A. 30:4C-15.1(a), and concluded that the Division met, by clear and ... Rule 1:7-4(a), tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), and comports with applicable case law. See, e.g ...

docket:	a3988-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-19
status:	Unpublished
citation:
Document Size:	41920

324 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. F.R. -- rank: 606

... R. Has Not Harmed His Children Within The Meaning Of N.J.S.A. 30:4C-15.1(a)(1). B. The Trial Court's Decision That The ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C:15.1(a).] These four prongs are neither discrete nor separate, but ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a). The analysis examines the impact of harm caused by ... the court has considered alternatives to termination of parental rights.' N.J.S.A. 30:4C-15.1(a). The analysis 'contemplates efforts that focus on reunification of ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a). The issue 'is not whether a biological mother or ...

docket:	a1562-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-09
status:	Unpublished
citation:
Document Size:	32859

325 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.D. -- rank: 606

... Protection and Permanency (Division) failed to prove each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. 2 The Law Guardian ... 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 ... will continue to be endangered by the parental relationship' under N.J.S.A. 30:4C-15.1(a)(1). Defendant alleges that he has never cared for ... unwilling or unable to eliminate the harm facing' Ginger under N.J.S.A. 30:4C-15.1(a)(2). Defendant asserts that because he was taking Suboxone ... which led to [Ginger's] placement outside the home' under N.J.S.A. 30:4C-15.1(a)(3). Contrary to defendant's assertion, defendant's participation ... did not 'consider[] alternatives to termination of parental rights' under N.J.S.A. 30:4C-15.1(a)(3) because it did not explore kinship legal ...

docket:	a2357-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-12
status:	Unpublished
citation:
Document Size:	25160

326 DIVISOIN OF YOUTH AND FAMILY SERVICES v. T.G. and M.G -- rank: 606

... 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:	a3976-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-03-01
status:	unpublished
citation:
Document Size:	62516

327 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.T.J. -- rank: 606

... the evidence was insufficient to satisfy the statutory requirements of N.J.S.A. 30:4C-15.1(a). The Law Guardian for the two youngest children supported ... prong test for termination of parental rights as codified in N.J.S.A. 30:4C-15.1. This appeal ensued. II. Parents have a fundamental constitutional right ... 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. K.H ... H.O. , supra , 161 N.J. at 352; see also N.J.S.A . 30:4C-15.1(a)(1). With respect to this element of the best ... continuing harm to the child under [the second prong of] N.J.S.A . 30:4C-15.1(a) ." K.H.O. , supra , 161 N.J. at 353 ... it did not provide housing assistance. Defendant argues that under N.J.S.A. 30:4C-15.1(c), the Division is required to provide services "remedying ...

docket:	a3593-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-09
status:	unpublished
citation:
Document Size:	52398

328 DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.T. -- rank: 606

... Division) failed to prove each 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) to -15.1(a)(4) as follows: (1) The ... 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 ... v. F.M. , 211 N.J. 420 , 452 (2012) (quoting N.J.S.A. 30:4C-15.1(a)(3)). The emphasis on the third prong is on ... 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 against ... and convincing evidence and carefully tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a). Defendant's contentions that she posed no past ...

docket:	a0477-15
court:	NJ Superior Court Appellate Division
decided:	2016-06-13
status:	unpublished
citation:
Document Size:	33233

329 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.R. -- rank: 606

... to prove each of the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Mary also argues the ... statutory prongs governing termination of their parental rights, pursuant to N.J.S.A. 30:4C-15.1(a). The court credited the testimony of the Division's ... D. [THE DIVISION] DID NOT PREVAIL ON PRONG FOUR OF N.J.S.A. 30:4C-15.1(a) BECAUSE IT DID NOT PROVE BY CLEAR AND CONVINCING ... 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. Id. at ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These criteria are not mutually exclusive, but instead overlap ... inability to eliminate the circumstances causing harm to the child. N.J.S.A. 30:4C-15.1(a)(2). This prong reinforces the first prong concerning ...

docket:	a5767-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-13
status:	unpublished
citation:
Document Size:	62071

330 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.P. -- rank: 604

... that it "has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). The Division may not "embark on a course ... best interest test as well as all other prongs of N.J.S.A. 30:4C-15.1(a). III. Defendant argues the trial court's denial of ... of the rule for a finding of contempt. Affirmed. 1 N.J.S.A. 30:4C-15.1(a) provides that parental rights may be terminated when: (1 ...

docket:	a1263-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	49334