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391 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.J.B. -- rank: 590

... and delay of permanent placement will add to the harm. N.J.S.A. 30:4C-15.1(a)(2). Causing harm and the inability to eliminate it ...

docket:	a5038-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-13
status:	unpublished
citation:
Document Size:	44354

392 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:	a2536-07
court:	New Jersey Superior Court Appellate Division
decided:	2008-11-03
status:	unpublished
citation:
Document Size:	38303

393 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.N. -- rank: 588

... three and four of the best interests test embodied in N.J.S.A. 30:4C-15.1(a)(3) and (4). Specifically, defendant argues that the Division ... all four prongs of the best interests test embodied in N.J.S.A. 30:4C-15.1(a), and thereafter concluded that the Division had satisfied all four prongs by clear and convincing evidence. See N.J.S.A. 30:4C-15.1(c). The judge found "no doubt" that S.N. "[has ... good." The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a). It accords with N.J. Div. of Youth & Family ... 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. v ...

docket:	a4390-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-06
status:	unpublished
citation:
Document Size:	31525

394 DIVISION OF YOUTH AND FAMILY SERVICES v. K.C and A.J.C -- rank: 588

... to meet the four prongs of the statutory test. See N.J.S.A. 30:4C-15.1(a). Taking into account the prior adjudication of abuse and ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Our task is to determine whether the trial court ...

docket:	a5013-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-11
status:	unpublished
citation:
Document Size:	26280

395 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.B. -- rank: 588

... fourth prongs of the best interests of the child standard. N.J.S.A. 30:4C-15.1(a)(2)-(4). Parents have a constitutionally protected right to ... N.J. 591 , 604-11 (1986), is now 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)(1)-(4).] The four criteria are not discreet and ... children and a parent's failure to mitigate that harm. N.J.S.A. 30:4C-15.1(a)(1) and (2). The focus of the first prong ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). Although S.B. does not challenge the proofs ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). The Division's efforts should not be ...

docket:	a0630-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-19
status:	unpublished
citation:
Document Size:	31705

396 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.C. -- rank: 588

... and Permanency (Division) failed to prove all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian supported ... the four prongs of the best interests test, codified in N.J.S.A. 30:4C-15.1(a), and defendant's parental rights to S.R. should ... 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. Prong two ... that a delay in permanent placement will cause further harm. N.J.S.A. 30:4C-15.1(a)(2). 'The second prong, in many ways, addresses considerations ... 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 ...

docket:	a1160-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-03
status:	unpublished
citation:
Document Size:	60374

397 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.S.R. -- rank: 588

... 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 ... to John, and was unfit to care for him. See N.J.S.A. 30:4C-15.1(a)(1) to (2). Under prong one of the best ... K.H.O. , supra , 161 N.J. at 352; see N.J.S.A . 30:4C-15.1(a)(1). With respect to this element of the best ... a continuing harm to the child under the [second prong] N.J.S.A . 30:4C-15.1(a)(2) ." K.H.O. , supra , 161 N.J. at ... the court to consider alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). Such alternatives may include placement of the child ... H.O. , supra , 161 N.J. at 354-55 (citing N.J.S.A. 30:4C-15.1(a)(4)). "The question to be addressed . . . is whether, ...

docket:	a2927-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-19
status:	unpublished
citation:
Document Size:	42416

398 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.R. -- rank: 588

... had satisfied all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), and that termination of Jane's parental rights was ... the best interests of the child. Ibid. To that end, N.J.S.A. 30:4C-15.1(a) provides that parental rights should only be terminated when ... TO CONSIDER ALTERNATIVES TO TERMINATION OF JANE'S PARENTAL RIGHTS, N.J.S.A. 30:4C-15.1(a). POINT II THE COURT ERRED IN FINDING THAT THE ... OF PARENTAL RIGHTS WILL NOT DO MORE HARM THAN GOOD, N.J.S.A. 30:4C-15.1(a)(4). POINT III THE COURT COMMITTED REVERSIBLE ERROR WHEN ... MOTHER'S PARENTAL RIGHTS WOULD ACHIEVE PERMANENCY FOR THE CHILD, N.J.S.A. 30:4C-15.1(a)(4). Several of defendant's arguments are raised for ...

docket:	a1693-15
court:	NJ Superior Court Appellate Division
decided:	2016-12-20
status:	unpublished
citation:
Document Size:	35903

399 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.L. -- rank: 588

... the judge applied the four-prong standard set forth in N.J.S.A. 30:4C-15.1(a) and determined that the Division failed to demonstrate by ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and convincing ... efforts and pursued alternatives to the termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). Among other things, the judge found no evidence ... of parental rights would not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). This inquiry focuses on "whether, after considering and ...

docket:	a5400-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-15
status:	unpublished
citation:
Document Size:	48356

400 OF YOUTH AND FAMILY SERVICES v. J.V. and E.A.G IN THE MATTER OF THE GUARDIANSHIP OF J.A.V.-G., a minor -- rank: 585

... J. Furnari addressed the standards governing termination of parental rights, N.J.S.A. 30:4C-15.1(a)(1) to (4), as well as pertinent case law ... AND CONVINCING PROOF SUFFICIENT TO SATISFY THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(A). A. THERE WAS NOT CLEAR AND CONVINCING EVIDENCE TO ... K.H.O. , 161 N.J. 337 , 347 (1999). Under N.J.S.A. 30:4C-15.1(a), the Division can initiate a petition to terminate parental ... the court's finding of endangerment under prong one of N.J.S.A. 30:4C-15.1(a) was not supported in the record. We do not ... court has considered alternatives to the termination of parental rights[.]" N.J.S.A. 30:4C-15.1(a)(3). Both parents contend that reasonable efforts were not ...

docket:	a5041-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-15
status:	unpublished
citation:
Document Size:	49330

401 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.H. -- rank: 585

... evidence the four-prong standard codified by the Legislature in N.J.S.A. 30:4C-15.1(a)(1)–(4). 2 For the reasons that follow ... findings that the Division met all of the prongs in N.J.S.A. 30:4C-15.1(a). Dr. Loving conducted a psychological evaluation of the mother ... its findings on the first, second, and fourth prongs of N.J.S.A. 30:4C-15.1(a); (2) the Division failed to offer the mother and ... establishing, by clear and convincing proof, all four factors in N.J.S.A. 30:4C-15.1(a). The four criteria are not discrete and separate, but ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] 3 The evidence did not clearly identify ...

docket:	a1098-15
court:	NJ Superior Court Appellate Division
decided:	2016-11-21
status:	unpublished
citation:
Document Size:	33581

402 DIVISION OFCHILD PROTECTION AND PERMANENCY v. A.W. -- rank: 585

... Division) failed to satisfy prongs two, three, and four of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Defendant also argues the ... clear and convincing evidence, prongs two, three, and four of N.J.S.A. 30:4C-15.1(a). Dr. Pirelli conducted defendant's psychological and bonding evaluations ... the 'best interest' analysis by clear and convincing evidence. See N.J.S.A. 30:4C-15.1(a); N.J. Div. of Youth & Family Servs. v. A ...

docket:	a4572-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-14
status:	unpublished
citation:
Document Size:	130378

403 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. Q.H. -- rank: 585

... convincing evidence the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). The Law Guardian supports the termination on appeal, as ... of parental rights will not do more harm than good. [ N.J.S.A . 30:4C-15.1(a).] These four, often overlapping elements, "provide a comprehensive standard ... evidence of harm arising out of the parent-child relationship. N.J.S.A. 30:4C-15.1(a)(1); see K.H.O. , supra , 161 N.J ... 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. v ... 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 ...

docket:	a0074-12xx
court:	NJ Superior Court Appellate Division
decided:	2013-10-04
status:	unpublished
citation:
Document Size:	61286

404 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S and J.F. -- rank: 585

... of the child's best interests standard set forth in N.J.S.A. 30:4C-15.1. Accordingly, the trial court entered a judgment terminating Sasha's ... four prongs under the child's best interests standard. See N.J.S.A. 30:4C-15.1(a). Those prongs are set forth in the governing statute ... which led to the child's placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3). It also requires the court to 'consider[] alternatives ... there were no reasonable alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). Alternatives include placement with caregivers under KLG. See ... the Legislature enacted amendments to various statutes concerning children, including N.J.S.A. 30:4C-15.1, governing termination of A-0149-22 15 parental rights proceedings ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). This prong does not require a showing ...

docket:	a0149-22
court:	NJ Superior Court Appellate Division
decided:	2023-09-12
status:	Unpublished
citation:
Document Size:	34440

405 OF YOUTH AND FAMILY SERVICES v. J.V. and E.A.G IN THE MATTER OF THE GUARDIANSHIP OF J.A.V.-G., a minor -- rank: 585

... J. Furnari addressed the standards governing termination of parental rights, N.J.S.A. 30:4C-15.1(a)(1) to (4), as well as pertinent case law ... AND CONVINCING PROOF SUFFICIENT TO SATISFY THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(A). A. THERE WAS NOT CLEAR AND CONVINCING EVIDENCE TO ... K.H.O. , 161 N.J. 337 , 347 (1999). Under N.J.S.A. 30:4C-15.1(a), the Division can initiate a petition to terminate parental ... the court's finding of endangerment under prong one of N.J.S.A. 30:4C-15.1(a) was not supported in the record. We do not ... court has considered alternatives to the termination of parental rights[.]" N.J.S.A. 30:4C-15.1(a)(3). Both parents contend that reasonable efforts were not ...

docket:	a5042-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-15
status:	unpublished
citation:
Document Size:	49330