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346 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status:	unpublished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

347 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.H. -- rank: 601

... prove prong three of the best interests standard embodied in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian supported ... 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 ... all four prongs of the 'best interests' test codified at N.J.S.A. 30:4C-15.1(a). On appeal, defendant only challenges the judge's findings ... 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 ... guardianship. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a) and comports with applicable case law. See, e.g ...

docket:	a2045-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-02
status:	Unpublished
citation:
Document Size:	26989

348 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

349 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

350 DIVISION OF YOUTH AND FAMILY SERVICES v. M.S. -- rank: 599

... 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 and Family ... and convincing evidence each of the four requisite prongs under N.J.S.A. 30:4C-15.1. The Law Guardian joins in that argument, except that it ... the past, readily satisfy the first prong of the statute. N.J.S.A. 30:4C-15.1(a)(1). The application of the other three prongs of ... to provide him with services before terminating his parental rights. N.J.S.A. 30:4C-15.1(a)(3). This obligation includes consultation and cooperation with the ... children's progress, development and health; and facilitating appropriate visitation. N.J.S.A. 30:4C-15.1(c); see also N.J.A.C. 10:133H- ...

docket:	a5294-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-04-23
status:	Published
citation:
Document Size:	93536

351 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.S. et al. -- rank: 599

... in custody.     In consideration of the four statutory factors in N.J.S.A. 30:4C:15-1(a) governing termination of parental rights, the trial judge made ... based upon “best interests of the child” proceed pursuant to N.J.S.A. 30:4C-15.1. The Court made its findings pursuant to that statute. Notwithstanding ... the first prong of the statutory best interests standard of N.J.S.A. 30:4C-15.1(a)(1).     The second criteria of the best interests test ... disruption of her bond with foster parent, this will satisfy N.J.S.A. 30:4C-15.1(a)(2). [ K.H.O. , supra , 161 N.J. at ...

docket:	A3053-02
court:	NJ Superior Court Appellate Division
decided:	2004-02-20
status:	published
citation:	367 N.J. Super. 76 842 A.2d 215
Document Size:	84274

352 DCPP VS. A.R. AND THE BIOLOGICAL FATHER OF B.R., ETC., IN THE MATTER OF THE GUARDIANSHIP OF B.L.R. -- rank: 599

... analysis of the four prongs for termination set forth in N.J.S.A. 30:4C-15.1(a) and the Division's obligation to satisfy each by ... 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 ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] 'The reasonableness of the Division's efforts depends on ... as permanency options. L. 2021, c. 154. The amendments altered N.J.S.A. 30:4C-15.1(a)(2), the second prong of the best interests test ... of the Division's proofs under the fourth prong of N.J.S.A. 30:4C-15.1(a)(4) 'cannot require a showing that no harm will ...

docket:	a3565-22
court:	appellate
decided:	2024-05-13
status:	Unpublished
citation:
Document Size:	29880

353 /usr/local/share/www/libweb/collections/courts/appellate/a1103-19.opn.html -- rank: 599

... establish the prongs of the 'best interests standard' embodied in N.J.S.A. 30:4C- 15.1(a); and (4) he received ineffective assistance of counsel. The ... after finding the Division had satisfied the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The judge found Dr ... best interest to terminate parental rights. To terminate parental rights, N.J.S.A. 30:4C-15.1(a) requires the Division to prove four prongs by clear ... J.H.P. does not address the fourth prong of N.J.S.A. 30:4C-15.1(a) and, therefore, we will not discuss it. See Sklodowsky ... provided through the Division was an adequate basis to find N.J.S.A. 30:4C-15.1(a)(1) and (2) were satisfied. See, e.g., N ... 8 The first two prongs of the best interest standard, N.J.S.A. 30:4C-15.1(a)(1) and (2), are related 'components of the ...

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Document Size:	29154

354 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.D. -- rank: 599

... the children to be supported by clear and convincing evidence, N.J.S.A. 30:4C-15.1(a), we affirm. We need not recount the entire factual ... four prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a), were met, utilizing the Title Nine judge's findings ... a new evidentiary trial limited to the question presented by N.J.S.A. 30:4C-15.1(a)(1): whether the safety, health or development of [K ... and conclusions in respect of all of the elements of N.J.S.A. 30:4C-15.1(a). [ Id. at 122-23 (footnote omitted).] The remand trial ... 279-80 (2007). When seeking termination of parental rights under N.J.S.A. 30:4C-15.1(a), the Division has the burden of establishing by clear ... rights. The first prong of the best interests test under N.J.S.A. 30:4C-15.1(a)(1) requires us to "determine whether the 'child' ...

docket:	a0491-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-28
status:	unpublished
citation:
Document Size:	31329

355 DIVISION OF YOUTH AND FAMILY SERVICES v. N.S. IN THE MATTER OF THE GUARDIANSHIP OF K.V.S. and K.R.S Minors -- rank: 599

... concluded that the Division had proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The court memorialized its ... COURT'S FINDING THAT THE STATE MET PRONG THREE OF N.J.S.A. 30:4C-15.1(a) AS THE COURT FAILED TO CONSIDER ALTERNATIVES TO TERMINATION ... COURT'S FINDING THAT THE STATE MET PRONG FOUR OF N.J.S.A. 30:4C-15.1(a) AS TERMINATION OF N.S.'[S] PARENTAL RIGHTS WILL ... 103 N.J. 591, 605-11 (1986), and codified in N.J.S.A. 30:4C-15.1(a), requires the State to establish each of the following ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "These standards are neither discrete nor separate. They overlap ... with DYFS rules." With regard to the fourth prong of N.J.S.A. 30:4C-15.1(a), the court found that the termination of N. ...

docket:	a1848-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	unpublished
citation:
Document Size:	42057

356 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.G., -- rank: 599

... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1).     The Court in New Jersey Div. of Youth ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C- 15.1(a)(2). In other words, the issue becomes whether the ... and of itself. J.C., 129 N.J. at 10; N.J.S.A. 30:4C-15.1(a)(2).     When considering what efforts the Division has expended ... termination of parental rights and whether the Division acted reasonably. N.J.S.A. 30:4C-15.1(a)(3). The reasonableness of the Division's efforts depends ... intentionally harm the child. But that is not the test. N.J.S.A. 30:4C-15.1(a) speaks not merely of whether the child's safety ... consider the alternatives to termination of her parental rights. See N.J.S.A. 30:4C- 15.1(a)(3). The Division's efforts in providing classes ...

docket:	A2350-00
court:	NJ Superior Court Appellate Division
decided:	2001-10-18
status:	published
citation:
Document Size:	54120

357 DIVISION OF YOUTH AND FAMILY SERVICES v. K.W. -- rank: 599

... clear and convincing evidence the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a). She further maintains that the judge erred by barring ... parental rights as DYFS failed to satisfy the requirements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence; 2) the judge erred ... 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 ... A. The first prong To satisfy the first prong of N.J.S.A. 30:4C-15.1(a), the Division must prove that the "child's safety ... K.H.O. , supra , 161 N.J. at 347 (quoting N.J.S.A. 30:4C-15.1(a)). Here, the undisputed testimony in the record established ...

docket:	a5416-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-08
status:	unpublished
citation:
Document Size:	46064

358 DIVISION OF YOUTH AND FAMILY SERVICES v. M.M. -- rank: 599

... 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 and Family ... and convincing evidence each of the four requisite prongs under N.J.S.A. 30:4C-15.1. The Law Guardian joins in that argument, except that it ... the past, readily satisfy the first prong of the statute. N.J.S.A. 30:4C-15.1(a)(1). The application of the other three prongs of ... to provide him with services before terminating his parental rights. N.J.S.A. 30:4C-15.1(a)(3). This obligation includes consultation and cooperation with the ... children's progress, development and health; and facilitating appropriate visitation. N.J.S.A. 30:4C-15.1(c); see also N.J.A.C. 10:133H- ...

docket:	a5291-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-04-23
status:	Published
citation:
Document Size:	93536

359 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.M.A. -- rank: 597

... trial court erred by failing to consider alternatives to termination, N.J.S.A. 30:4C-15.1(a)(3), and by concluding termination would not do more harm than good, N.J.S.A. 30:4C-15.1(a)(4). We find to the contrary and hence affirm ... as to prongs one and two of the termination statute, N.J.S.A. 30:4C-15.1(a)(1) and (2). We therefore limit our discussion to prongs three and four. See N.J.S.A. 30:4C-15.1(a)(3) and (4). An appellate court may not disturb ... s determination that no reasonable alternative existed to termination. See N.J.S.A. 30:4C-15.1(a)(3). To reiterate, KLG was simply not an available ... KLG statute does not provide a defense to termination under N.J.S.A. 30:4C 15.1(a)(3). P.P. , supra , 180 N.J. at ...

docket:	a0332-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	24606

360 H.S.P. v. J.K. -- rank: 597

... parental duties and relinquish parental claims to M.S. See N.J.S.A. 30:4C-15.1(b)(1)(a)-(b) (permitting the termination of parental rights ... efforts to serve a parent accused of abuse or neglect); N.J.S.A. 30:4C-15.1(b)(1)(b) (requiring "reasonable efforts to locate the parent ...

docket:	a1121-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	published
citation:	435 N.J.Super. 147 87 A.3d 255
Document Size:	65214