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361 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.R. -- rank: 597

... prong of the statutory best- interests-of-the-child standard, N.J.S.A. 30:4C-15.1(a), and determined the Division established by clear and convincing ... 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-1847-17T1 13 whether the biological ...

docket:	a1847-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-21
status:	Unpublished
citation:
Document Size:	28085

362 New Protection v. E.M. and V.C and J.C. and J.J.G In J.M., V.E.C., J.I.C C.C., and D.C Minors -- rank: 597

... to protect the welfare of children." Id. at 347; see N.J.S.A. 30:4C-15.1(a). The Division may bring an action under Title Thirty ... the "best-interests-of-the-child test" set forth in N.J.S.A. 30:4C-15.1(a), N.J. Div. of Youth & Family Servs. v. F ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are not 'discrete and separate ... proved the requisite harm to the children under prong one, N.J.S.A. 30:4C-15.1(a)(1). Mother repeatedly claims that a psychiatric report by ... finding that the Division met its burden under prong two, N.J.S.A. 30:4C-15.1(a)(2), but their challenges are meritless. For years, Mother ... that the Division provided sufficient services under the third prong, N.J.S.A. 30:4C-15.1(a)(3). She argues the Division failed to provide ...

docket:	a3238-14
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	26667

363 NEW JERSEY DIVISION OF PROTECTION AND PERMANENCY v. N.C.M. -- rank: 597

... fourth prongs of the best interests test required for termination. N.J.S.A. 30:4C-15.1(a). Specifically, she claims that the Division's failure to ... had met its burden of proving all four prongs of N.J.S.A. 30:4C-15.1 by clear and convincing evidence, and entered a judgment of ... and convincing proof sufficient to satisfy the four prongs of N.J.S.A. 30:4C-15.1(a). a. the division failed to provide reasonable efforts to ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are neither discrete nor separate, but ... necessitated removal and placement of the child in foster care. N.J.S.A. 30:4C-15.1(a)(3). "Reasonable efforts" may include parental consultation, plans for ... the family of the child's progress, and visitation facilitation. N.J.S.A. 30:4C-15.1(c). More specific services include day care, housing assistance, ...

docket:	a3666-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-16
status:	published
citation:	438 N.J.Super. 356 104 A.3d 1078
Document Size:	48403

364 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.C. -- rank: 597

... PROVIDED REASONABLE SERVICES TO [M.C.] WITHIN THE MEANING OF N.J.S.A. 30:4C-15.1(a)(3). B. DCPP DID NOT PROVE BY CLEAR AND ... INVESTIGATED PLACEMENT OF [D.C.] WITH RELATIVES AS REQUIRED BY N.J.S.A. 30:4C-15.1(a)(3). C. DCPP DID NOT PROVE BY CLEAR AND ... WOULD NOT DO MORE HARM THAN GOOD AS REQUIRED BY N.J.S.A. 30:4C-15.1(a)(4). II. THE JUDGMENT BELOW MUST BE REVERSED BECAUSE ... Division) proved all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a). However, we order a limited, expedited remand to the ... parental rights was in the child's best interests. See N.J.S.A. 30:4C-15.1(a)(4) ('[t]ermination of parental rights will not do ... satisfied the second prong. See 7 A-5609-15T 1 N.J.S.A. 30:4C-15.1(a)(2) (harm to the child includes evidence that ...

docket:	a5609-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-06
status:	unpublished
citation:
Document Size:	29805

365 DIVISION OF YOUTH AND FAMILY SERVICES v. D.M.N IN THE MATTER OF THE GUARDIANSHIP OF K.F.N -- rank: 597

... N.J. 591 , 604-10 (l986), and as codified in N.J.S.A. 30:4C-15.1(a). The determination was memorialized in a judgment of guardianship ... Div. 2001) . Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires DYFS to prove: (1) The child's safety ... 161 N.J. at 354. "Reasonable efforts" are defined in N.J.S.A. 30:4C-15.1(c) as including: (1) consultation and cooperation with the parent ... not as strong, that evidence will satisfy the requirement of N.J.S.A. 30:4C-15.1(a)(4)." Id. at 363. D.M.N. worked hard ...

docket:	a4255-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-28
status:	unpublished
citation:
Document Size:	63012

366 IN THE MATTER OF THE ADOPTION OF A CHILD BY C.M -- rank: 597

... deleting the last sentence of the statutory best interest test, N.J.S.A. 30:4C-15.1(a)(2), which read '[s]uch harm may include evidence ...

docket:	a2237-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-23
status:	Unpublished
citation:
Document Size:	47246

367 . A-00958-13T2 OF CHILD PROTECTION AND PERMANENCY v. L.M.T. and A.S.B and E.V.B IN THE MATTER OF THE GUARDIANSHIP OF E.B., S.B. and I.B Minors -- rank: 595

... of the statutory test for termination of parental rights in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The court memorialized its ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These criteria "are not discrete and separate; they relate ... and development have been harmed by their relationship with her. N.J.S.A. 30:4C-15.1(a)(1). L.M.T. argues, however, that the trial ... unable or unwilling to eliminate the harm to the child. N.J.S.A. 30:4C-15.1(a)(2). L.M.T. contends the court erroneously found ... children, as required by the third prong of the test. N.J.S.A. 30:4C-15.1(a)(3). She claims that the Division failed to provide ... her parental rights would not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). She contends that the Division never established ...

docket:	a0958-13
court:	NJ Superior Court Appellate Division
decided:	2014-05-27
status:	unpublished
citation:
Document Size:	34737

368 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.C. -- rank: 595

... oral opinion, concluding the Division established all four prongs of N.J.S.A. 30:4C-15.1(a), and ordered termination of the mother's parental rights ... s proofs were insufficient to satisfy all four prongs in N.J.S.A. 30:4C-15.1(a). After perusing the evidence and considering the applicable legal ... of-the-child test by showing all four prongs in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, in order to terminate ... s challenge the Division failed to meet each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, and address the mother ... nor posed a risk of harm to the child. See N.J.S.A. 30:4C-15.1(a)(1), (2). The claim lacks merit. Providing proof a ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] This archive is a service of Rutgers School ...

docket:	a3983-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-19
status:	unpublished
citation:
Document Size:	28708

369 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.W. and C.C. III -- rank: 595

... J. Super. 25, 32 (App. Div. 2016). Regarding prong one, N.J.S.A. 30:4C-15.1(a)(1), the trial court, relying on the expert testimony ... permanency. A-2210-21 12 With respect to prong two, N.J.S.A. 30:4C-15.1(a)(2), the court found Dora and Nate could not ... year pendency of the underlying guardianship complaint. Regarding prong three, N.J.S.A. 30:4C-15.1(a)(3), the trial court found the Division exhausted all ... caring for Alan in the near future. Regarding prong four, N.J.S.A. 30:4C-15.1(a)(4), the court found the Division successfully placed Alan ... s interpretation is based on the Legislature eliminating language in N.J.S.A. 30:4C-15.1(a)(2) on July 2, 2021. 4 The Legislature removed ... separate and distinct from the best interest test articulated in N.J.S.A. 30:4C-15.1(a), the considerations of delay in achieving permanency, alternatives ...

docket:	a2210-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	29925

370 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.A.E. -- rank: 595

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] See also K.H.O. , supra , 161 N.J ... or will continue to be harmed by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must be one that threatens ... and delay of permanent placement will add to the harm. N.J.S.A. 30:4C-15.1(a)(2). Accord K.H.O. , supra , 161 N.J ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). With respect to "alternatives to termination of parental rights," N.J.S.A. 30:4C-15.1(a)(3), courts must determine whether a child's "'placement ... 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. ...

docket:	a5327-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-15
status:	unpublished
citation:
Document Size:	48364

371 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.B. -- rank: 595

... prove by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a). We have considered these arguments in light of the ... found that the Division had proven all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence with respect to both ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." N.J. Div. of Youth and Family Servs. v ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also In re Guardianship of K.H.O ... in the child's permanent placement will cause further harm. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is to determine ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). G.B. contends that the Division "failed ...

docket:	a1999-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-04
status:	unpublished
citation:
Document Size:	51524

372 /usr/local/share/www/libweb/collections/courts/appellate/a3971-08.opn.html -- rank: 595

... finding that the Division had proved all four prongs of N.J.S.A. 30:4C-15.1 by clear and convincing evidence. As to the first and ... of the source of the harm." Id. at 289 (citing N.J.S.A. 30:4C-15.1(a)(2); In re Guardianship of R.G.L. , 344 ... 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 (citing K ... be considered in order to satisfy the third element of N.J.S.A. 30:4C-15.1.") Finally, we are satisfied that termination of parental rights will ...

docket:	a3971-08
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-15
status:	unpublished
citation:
Document Size:	41593

373 . A-00958-13T2 OF CHILD PROTECTION AND PERMANENCY v. L.M.T. and A.S.B and E.V.B IN THE MATTER OF THE GUARDIANSHIP OF E.B., S.B. and I.B Minors -- rank: 595

... of the statutory test for termination of parental rights in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The court memorialized its ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These criteria "are not discrete and separate; they relate ... and development have been harmed by their relationship with her. N.J.S.A. 30:4C-15.1(a)(1). L.M.T. argues, however, that the trial ... unable or unwilling to eliminate the harm to the child. N.J.S.A. 30:4C-15.1(a)(2). L.M.T. contends the court erroneously found ... children, as required by the third prong of the test. N.J.S.A. 30:4C-15.1(a)(3). She claims that the Division failed to provide ... her parental rights would not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). She contends that the Division never established ...

docket:	a1522-13xx
court:	NJ Superior Court Appellate Division
decided:	2014-05-27
status:	unpublished
citation:
Document Size:	34745

374 /usr/local/share/www/libweb/collections/courts/appellate/a3972-08.opn.html -- rank: 595

... finding that the Division had proved all four prongs of N.J.S.A. 30:4C-15.1 by clear and convincing evidence. As to the first and ... of the source of the harm." Id. at 289 (citing N.J.S.A. 30:4C-15.1(a)(2); In re Guardianship of R.G.L. , 344 ... 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 (citing K ... be considered in order to satisfy the third element of N.J.S.A. 30:4C-15.1.") Finally, we are satisfied that termination of parental rights will ...

docket:	a3972-08
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-15
status:	unpublished
citation:
Document Size:	41586

375 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.B. -- rank: 595

... prove by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a). We have considered these arguments in light of the ... found that the Division had proven all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence with respect to both ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." N.J. Div. of Youth and Family Servs. v ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also In re Guardianship of K.H.O ... in the child's permanent placement will cause further harm. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is to determine ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). G.B. contends that the Division "failed ...

docket:	a2131-12xx
court:	NJ Superior Court Appellate Division
decided:	2013-12-04
status:	unpublished
citation:
Document Size:	51523