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331 DIVISION OF YOUTH AND FAMILY SERVICES v. K.Y.B. and G.A IN THE MATTER OF THE GUARDIANSHIP OF T.D.M.A., a minor -- rank: 604

... it has satisfied all four factors of the statutory test. N.J.S.A. 30:4C-15.1(a). However, the right of parents to raise or manage ... 366 , 378 (1995)). Termination of parental rights is governed by N.J.S.A. 30:4C-15.1(a). The legislation sets out a four-part test that ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The statute demands that the best interests ... problems that necessitated placing the child outside of the home. N.J.S.A. 30:4C-15.1(a)(3). The court must also consider alternatives to the ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] Contrary to both parents' contentions, they were provided with ... of parental rights "will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Thus, the court examines whether the child ...

docket:	a4431-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-28
status:	unpublished
citation:
Document Size:	58838

332 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status:	unpublished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

333 DIVISION OF YOUTH AND FAMILY SERVICES v. K.Y.B. and G.A IN THE MATTER OF THE GUARDIANSHIP OF T.D.M.A., a minor -- rank: 604

... it has satisfied all four factors of the statutory test. N.J.S.A. 30:4C-15.1(a). However, the right of parents to raise or manage ... 366 , 378 (1995)). Termination of parental rights is governed by N.J.S.A. 30:4C-15.1(a). The legislation sets out a four-part test that ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] The statute demands that the best interests ... problems that necessitated placing the child outside of the home. N.J.S.A. 30:4C-15.1(a)(3). The court must also consider alternatives to the ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] Contrary to both parents' contentions, they were provided with ... of parental rights "will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Thus, the court examines whether the child ...

docket:	a4610-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-28
status:	unpublished
citation:
Document Size:	58838

334 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.C. -- rank: 604

... four prongs of the best interest of the child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. For the reasons that ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These factors should be considered together to provide a ... interests of the child analysis by clear and convincing evidence, N.J.S.A. 30:4C-15.1(a) and, as such, terminated defendant 's parental rights to ... development had been and would likely continue to be endangered. N.J.S.A. 30:4C-15.1(a)(1). Defendant argues that the Division failed to prove ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). The inquiry is "whether that parent can raise ... on the Division's refusal to provide her housing assistance. N.J.S.A. 30:4C-15.1(a)(3) requires the Division to make "diligent efforts ...

docket:	a1278-14
court:	NJ Superior Court Appellate Division
decided:	2015-09-04
status:	unpublished
citation:
Document Size:	41787

335 DIVISION OF YOUTH AND FAMILY SERVICES v. G.S. and N.K.C -- rank: 604

... failed to establish the four-pronged test set forth in N.J.S.A. 30:4C-15.1 by clear and convincing evidence. In both her oral and ... 161 N.J. 337, 347 (1999). That standard, codified at N.J.S.A. 30:4C-15.1(a), states that parental rights may be terminated if the ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). [T]he trial court must consider whether the ... the third prong by clear and convincing evidence. Pursuant to N.J.S.A. 30:4C-15.1(c), reasonable efforts include, but are not limited to, the ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Here, the judge concluded "[t]he Division had ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The Supreme Court has focused on "the ...

docket:	a5982-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-30
status:	unpublished
citation:
Document Size:	75446

336 /usr/local/share/www/libweb/collections/courts/appellate/a0245-20.opn.html -- rank: 604

... prongs of the statutory 'best interests of the child' standard, N.J.S.A. 30:4C:15.1(a), although Todd limits his arguments to the Division's ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a) (2015); see also In re Guardianship of K.H ... enacted L. 2021 c. 154 (eff. July 2, 2021), amending N.J.S.A. 30:4C-15.1(a)(2) to exclude from consideration the harm to children ... parental rights is 'in the best interest of the child,' N.J.S.A. 30:4C-15.1(a). A-0245-20 19 However, there was evidence of ... reason to disturb the judge's findings and conclusions. B. N.J.S.A. 30:4C-15.1(a)(3) requires the Division make 'reasonable efforts to provide ... determine that termination 'will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). It serves as a ''fail-safe' inquiry ...

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337 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.K and R.W -- rank: 601

... argue that the family court correctly found all prongs of N.J.S.A. 30:4C-15.1(a) had been established by clear and convincing evidence and ... its burden of proof as to all four prongs of N.J.S.A. 30:4C-15.1(a). R.W. appeals. II. The legal framework regarding the ... child's best interests. In order to obtain parental termination, N.J.S.A. 30:4C-15.1(a) requires the Division prove by clear and convincing evidence ... C.W., and consequentially did not meet its burden under N.J.S.A. 30:4C-15.1(a)(1). We disagree. The first prong requires the Division ... or will continue to be endangered by the parental relationship . . . .' N.J.S.A. 30:4C-15.1(a)(1). 'Although a particularly egregious single harm can trigger ... before C.W.'s birth, caused C.W. harm under N.J.S.A. 30:4C-15.1(a)(1). We turn next to R.W.'s ...

docket:	a3116-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-23
status:	Unpublished
citation:
Document Size:	24610

338 OF YOUTH AND FAMILY SERVICES v. D.C.B. -- rank: 601

... of parental rights under the best interest test codified in N.J.S.A. 30:4C-15.1(a). The court then entered a final judgment by default ... prong of the test for termination of parental rights in N.J.S.A. 30:4C-15.1(a), which requires the Division to show that termination of parental rights would not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The judge refused to vacate the judgment and ... on all four prongs of the best interest test under N.J.S.A. 30:4C-15.1(a). The court entered an order dated December 8, 2010 ... 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 ... prong of the test for termination of parental rights in N.J.S.A. 30:4C-15.1(a). D.C.B. maintained that the Division's ...

docket:	a2570-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-18
status:	unpublished
citation:
Document Size:	42532

339 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.B. -- rank: 601

... conclusion that the Division had satisfied all four prongs of N.J.S.A. 30:4C-15.1(a), the statute which establishes the standards for termination of ... bond with her foster parents. Addressing the third prong of N.J.S.A. 30:4C-15.1(a), which requires DYFS to establish that the Division has ... termination case, as articulated in A.W. and codified in N.J.S.A. 30:4C-15.1(a). The statute authorizes a court to terminate parental rights ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four statutory criteria are "not discrete and separate ... thereby "endanger[ing]" A.B.'s safety and health. See N.J.S.A. 30:4C-15.1(a)(1). We reject L.B.'s contention that the ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1) (emphasis added). As is evident, the Legislature ...

docket:	a6237-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-28
status:
citation:
Document Size:	40769

340 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.P. -- rank: 601

... clear and convincing evidence prongs one, two and four of N.J.S.A. 30:4C:15.1(a). For the following reasons, we affirm. Our Supreme Court ... 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 ... continues the significant harm to the child in satisfaction of N.J.S.A. 30:4C-15.1(a)(2). [ N.J. Div. of Youth & Family Servs. v ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). 2 The fourth prong serves as a "'fail ... factual findings and legal conclusions as to each prong of N.J.S.A. 30:4C-15.1(a), and thereafter concluded the Division met by clear ...

docket:	a5188-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-18
status:	unpublished
citation:
Document Size:	22205

341 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.M.K. -- rank: 601

... second prong of the required statutory factors set forth in N.J.S.A. 30:4C-15.1(a). She contends she has addressed the issues which led ... by clear and convincing evidence that all four prongs under N.J.S.A. 30:4C-15.1(a) were met. II. We start by recognizing the established ... 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). Neither parent challenged the trial court's finding ...

docket:	a2870-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-10
status:	unpublished
citation:
Document Size:	45508

342 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R 1:36-3 A-0 OF CHILD PROTECTION AN -- rank: 601

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four prongs "are not discrete and separate; they ... the Division had not, at that point, "proved prong two [ N.J.S.A. 30:4C-15.1(a)(2)] by clear and convincing evidence." The judge therefore ... each of the four prongs of the best interests standard, N.J.S.A. 30:4C-15.1(a), and entered a final judgment terminating defendant's parental ...

docket:	a2850-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	47397

343 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.A. -- rank: 601

... criteria of the best-interests-of-the-child standard in N.J.S.A. 30:4C-15.1(a). The judge memorialized his decision in a judgment filed ... the four criteria for termination of their parental rights in N.J.S.A. 30:4C-15.1(a) with clear and convincing evidence. The Division and the ... N.J. 591 , 603-04 (1986), and thereafter codified in 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). To satisfy this element of the best interests ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). This prong may be satisfied in part by ... s conclusion that the Division established the second prong of N.J.S.A. 30:4C-15.1(a) with clear and convincing evidence. J.A. and ...

docket:	a5165-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-07
status:	unpublished
citation:
Document Size:	40399

344 /usr/local/share/www/libweb/collections/courts/appellate/a2976-16.opn.html -- rank: 601

... prongs of the best interests of the child standard in N.J.S.A. 30:4C-15.1(a). We disagree and affirm. I. On June 4, 2012 ... prongs of the test for termination of parental rights in N.J.S.A. 30:4C-15.1(a). The judge entered an order terminating I.H.'s ... abusive parent.' Ibid. (citations omitted). 14 A-2976-16T3 Therefore, N.J.S.A. 30:4C-15.1(a) authorizes the Division to seek the termination of parental ... 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 ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). Although prong one may be established by a ... A-2976-16T3 permanent placement will add to the harm.' N.J.S.A. 30:4C- 15.1(a)(2). Prong two also states, '[s]uch harm ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	41018

345 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.M. and V.B and E.N -- rank: 601

... two A-4577-18T2 2 prongs of the termination statute, N.J.S.A. 30:4c-15.1(a); however, we remanded the case with respect to prongs ... s decision regarding the first two prongs of the statute, N.J.S.A. 30:4C-15.1(a). Id. at 257. Regarding prongs three and four, we ... found the record inadequate as to the second clause of N.J.S.A. 30:4C-15.1(a)(3), that 'the court has considered alternatives to termination ... judge held the Division proved prongs three and four of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Under prong three, the ... grant a petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence. In re ... that identifies a child's best interests.' Id. at 348. N.J.S.A. 30:4C-15.1(a) requires the Division to prove: (1) The child' ...

docket:	a4577-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-03
status:	Unpublished
citation:
Document Size:	30835