Search Rutgers Law Library N.J. Court Opinions

376 New Protection v. K.C and E.A IN THE MATTER OF THE GUARDIANSHIP OF R.C a minor -- rank: 592

... concluding that the Division had satisfied all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Further, the judge terminated ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four criteria "are not discrete and separate, but ... the court to consider alternatives to termination of parental rights, N.J.S.A. 30:4C-15.1(a), such as placement with a relative caretaker, N.J ... the Division made reasonable efforts to assist defendant pursuant to N.J.S.A. 30:4C-15.1(a). As this is her only argument with respect to ... 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:	a1546-14
court:	NJ Superior Court Appellate Division
decided:	2015-01-01
status:	unpublished
citation:
Document Size:	46974

377 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.M.R. -- rank: 592

... Division's evidence satisfied the four statutory prongs enumerated in N.J.S.A. 30:4C-15.1(a), and it was in the children's best interests ... was insufficient to support prongs one, two and four of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We consider these arguments ... supra , 103 N.J. at 604-11, now codified in N.J.S.A. 30:4C-15.1(a), requires the State establish each of the following standards ... 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 or separate, but ...

docket:	a5097-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-27
status:	unpublished
citation:
Document Size:	76803

378 /usr/local/share/www/libweb/collections/courts/appellate/a3063-16.opn.html -- rank: 592

... the criteria for termination of her parental rights codified in N.J.S.A. 30:4C-15.1(a) with clear and convincing evidence. K.S.S. also ... had established the criteria for termination of parental rights in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The judge entered a ... the petition if the Division establishes the criteria codified in N.J.S.A. 30:4C-15.1(a) with clear and convincing evidence. N.J. Div. of ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). The focus A-3063-16T1 10 of prong ... been harmed by his relationship with her, as required by N.J.S.A. 30:4C-15.1(a)(1). K.S.S. further argues that the judge ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). In addressing this prong, the court must ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	34775

379 DIVISION OF YOUTH AND FAMILY SERVICES v. K.A.J. and J.R.B IN THE MATTER OF THE GUARDIANSHIP OF T.J.B. AND J.N.B Minors -- rank: 592

... 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. 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 ...

docket:	a3943-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-03
status:	unpublished
citation:
Document Size:	77726

380 DIVISION OF YOUTH AND FAMILY SERVICES v. K.A.J. and J.R.B IN THE MATTER OF THE GUARDIANSHIP OF T.J.B. AND J.N.B Minors -- rank: 592

... 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. 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 ...

docket:	a3944-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-03
status:	unpublished
citation:
Document Size:	77726

381 /usr/local/share/www/libweb/collections/courts/appellate/a3585-18.opn.html -- rank: 592

... 2 to satisfy each prong of the best interests test, N.J.S.A. 30:4C-15.1(a), while Amy contests only the judge's findings with ... judge issued an oral decision, considering the four prongs of N.J.S.A. 30:4C-15.1(a). Under prong one, he found that 'the children were ... ALL FOUR PRONGS OF THE BEST INTEREST TEST PURSUANT TO N.J.S.A. 30:4C-15.1(a) BECAUSE [THE DIVISION'S] EVIDENCE WAS INSUFFICIENT ON PRONG ... PERMANENT PLACEMENT WOULD CAUSE OR ADD TO THE HARM. II. N.J.S.A. 30:4C-15.1(a) authorizes the Division to petition for termination of parental ... child.' K.H.O., 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). 'Keeping the child in limbo, hoping for some ... 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 'must ...

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382 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.R -- rank: 592

... evidence satisfaction of the four prong test set forth in N.J.S.A. 30:4c-15.1[,]" the judge terminated S.R.'s parental rights. Specifically, as ... unfitness and constitutes a continuing harm to the child under N.J.S.A. 30:4C-15.1(a)(2)." Id. at 353-54. In assessing whether the ... unfitness and constitutes a continuing harm to the child under N.J.S.A. 30:4C-15.1(a)(2)." Id. at 353-54. "[T]he third element ...

docket:	a3786-08
court:	NJ Superior Court Appellate Division
decided:	2010-01-15
status:	unpublished
citation:
Document Size:	57693

383 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. I.S. -- rank: 590

... v. A.W. , 103 N.J. 591 (1986), codified in N.J.S.A. 30:4C-15.1(a), and concluded that termination of both defendants' parental rights ... CLEAR AND CONVINCING EVIDENCE AS TO ALL FOUR PRONGS OF N.J.S.A. 30:4C-15.1(A). THEREFORE THE TERMINATION OF IS'S PARENTAL RIGHTS IS ... Matter of Law to Support A Finding of Harm Under N.J.S.A. 30:4C-15.1(a) a. There is no evidence of actual harm to ... is legally insufficient to support a finding of harm under N.J.S.A. 30:4C-15.1(a) d. The fact that IS's three older children ... STANDARD FOR TERMINATION OF PARENTAL RIGHTS AS SET FORTH IN N.J.S.A. 30:4C-15.1(a) BY CLEAR AND CONVINCING EVIDENCE AS TO C.M ... STANDARD FOR TERMINATION OF PARENTAL RIGHTS AS SET FORTH IN N.J.S.A. 30:4C-15.1(a) BY CLEAR AND CONVINCING EVIDENCE BECAUSE C.M. ...

docket:	a2184-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-11-03
status:	unpublished
citation:	198 N.J. 308
Document Size:	38303

384 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.C. -- rank: 590

... Protection & Permanency (Division) proved prongs two, three, and four of N.J.S.A. 30:4C-15.1(a). George challenges the judge's findings on all four ... 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 ... of the children from the home.' Id. 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 ... trial, made meticulous factual findings as to each prong of N.J.S.A. 30:4C-15.1(a), and A-2697-17T2 8 thereafter concluded the ...

docket:	a2697-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-03
status:	Unpublished
citation:
Document Size:	29934

385 DIVISION OF YOUTH AND FAMILY SERVICES v. J.L.S. IN THE MATTER OF THE GUARDIANSHIP OF V.L.S., G.L.S., N.L.S F.M.S., and I.T.S., minors -- rank: 590

... TO SATISFY BY CLEAR AND CONVINCING EVIDENCE THE REQUIREMENTS OF N.J.S.A. 30:4C-15.1(a), AND, THEREFORE, J.L.S.' PARENTAL RIGHTS MUST BE ... statutory prongs of the best interests test set forth in N.J.S.A. 30:4C-15.1(a). The judge entered an order terminating defendant's parental ... 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 ... w[ould] continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). B. Defendant argues that the judge erred by ... 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 ... adequately consider alternatives to the termination of his parental rights. N.J.S.A. 30:4C-15.1(c) defines "reasonable efforts," which consist of actions by ...

docket:	a0700-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-28
status:	unpublished
citation:
Document Size:	61391

386 DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.A.H. -- rank: 590

... interests of-the-child standard, which is set forth in N.J.S.A. 30:4C-15.1(a), "aims to achieve the appropriate balance between parental rights ... prove the four statutory factors by clear and convincing evidence. N.J.S.A. 30:4C-15.1(a); see M.M. , supra , 189 N.J. at 280 ... or will continue to be endangered by the parental relationship[.]" N.J.S.A. 30:4C-15.1(a)(1). The trial court found that the Division had ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). "The second prong of the statutory standard relates ... the court has considered alternatives to termination of parental rights[.]" N.J.S.A. 30:4C-15.1(a)(3). The determination of whether the Division made reasonable ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). The focus of the fourth prong is ...

docket:	a3269-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-23
status:	unpublished
citation:
Document Size:	50661

387 /usr/local/share/www/libweb/collections/courts/appellate/a3133-16a0635-17.opn.html -- rank: 590

... 6 A-3133-16T2 by clear and convincing evidence. See N.J.S.A. 30:4C-15.1(a); N.J. Div. of Youth & Family Servs. v. R ... 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 & Family Servs ... to provide her with services before terminating her parental rights. N.J.S.A. 30:4C-15.1(a)(3). As we have already noted, and as is ... and convincingly supports all four prongs of the termination criteria. N.J.S.A. 30:4C- 15.1(a). As the unrebutted expert testimony of Dr. Dyer establishes ...

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court:	NJ Superior Court Law/Chancery Division
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388 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.N.B -- rank: 590

... rights is in the best interests of the child. See N.J.S.A. 30:4C-15.1(a). Sara also claims that she was denied the opportunity ... three prongs of the best interests test as to Sara. N.J.S.A. 30:4C-15.1. However, the judge found that DYFS did not meet its ... used as a defense to termination of parental rights, under N.J.S.A. 30:4C-15.1(a)(3). Its very straightforward language, KLG cannot be used ... next asserts the Division failed to meet its burden under N.J.S.A. 30:4C-15.1(a) and reconsideration was not warranted. "Review of a trial ... s rights under the best interests of the child standard, N.J.S.A. 30:4C-15.1(a), the Division must satisfy by clear and convincing evidence ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] As defendant does not challenge the court's ...

docket:	a0523-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-26
status:	unpublished
citation:
Document Size:	51917

389 DIVISION OF YOUTH AND FAMILY SERVICES v. S.C -- rank: 590

... 103 N.J. 591, 607 (1986), and thereafter codified in N.J.S.A. 30:4C-15.1(a). The court found that the Division had established that ... four of the prongs of the best interests standard in N.J.S.A. 30:4C-15.1(a). The first prong of the best interests test requires ... serious and enduring emotional or psychological harm to the child[.] [ N.J.S.A. 30:4C-15.1(a)(2).] This prong of the test focuses on the ...

docket:	a4262-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-05
status:	unpublished
citation:
Document Size:	37863

390 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.D. -- rank: 590

... prong of the four-prong best interests test, codified at N.J.S.A. 30:4C- 15.1(a), by clear and convincing evidence. Based upon our standard ... of guardianship. Her oral opinion tracks the statutory guidelines of N.J.S.A. 30:4C-15.1(a), in accord with In re Guardianship of K.H ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). '[T]he relevant inquiry focuses on the cumulative ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). That harm may include evidence that separating the ... the court [will] consider[] alternatives to termination of parental rights[.]' N.J.S.A. 30:4C-15.1(a)(3). This 'prong of the [best interests of the ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). The issue is whether, after considering and ...

docket:	a6016-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-20
status:	Unpublished
citation:
Document Size:	20907