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406 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:	a0073-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-04
status:	unpublished
citation:
Document Size:	61278

407 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.J IN THE MATTER OF THE GUARDIANSHIP OF S.L.J., a minor -- rank: 585

... court misapplied the four factors for termination set forth in N.J.S.A. 30:4C-15.1(a)(1) through (4) in various ways. For the reasons ... findings as to prongs one and two of the statute, N.J.S.A. 30:4C-15.1(a)(1) and (2), concerning the mother's infliction of ... we order a limited remand concerning prongs (3) and (4), N.J.S.A. 30:4C-15.1(a)(3) and (4), to enable the record to be ... 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 ... been adequate consideration of "alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). More specifically, the present record is insufficient ...

docket:	a1593-14
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	33287

408 /usr/local/share/www/libweb/collections/courts/appellate/a4185-19.opn.html -- rank: 585

... arguing the Division failed to prove all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Among other issues, defendant ... 19 19 the guardianship judgment was issued in this case, N.J.S.A. 30:4C-15.1(a) required that the Division satisfy the following four prongs ... and the placement of children with relatives or kinship guardians. N.J.S.A. 30:4C-15.1(a)(2) was amended to exclude from consideration the harm ... by the parent-child relationship on the child over time. N.J.S.A. 30:4C-15.1(a)(1) and (2). These prongs 'are related to one ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] The focus centers on the Division's efforts toward ...

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409 STATE OF NEW JERSEY, DIVISION OF YOUTH AND FAMILY SERVICES v. K.G. -- rank: 585

... and Family Services (Division) proved the first two prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, but disputes the sufficiency ... Divi­sion had proven each of the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. After concluding that the ... 12 (1986)). The best-interests standard is set forth in N.J.S.A. 30:4C-15.1(a) and establishes the proofs required to terminate parental rights ... 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 of ... placement of the child and in reinforcing the family structure." N.J.S.A. 30:4C-15.1(c). Realistically, there were no reasonable means by which ...

docket:	a2411-09
court:	superior court appellate division
decided:	2010-10-15
status:	unpublished
citation:
Document Size:	51698

410 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. F.H. -- rank: 585

... W. , 103 N.J. 591, 599 (1986), and codified in N.J.S.A. 30:4C-15.1(a). The judge memorialized his decision in a judgment dated ... argues that the Division failed to satisfy the requirements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. F.H. contends that ... argues that the Division failed to establish the requirements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. He contends that the ... 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; they ... development have been endangered by their relationships with their parents. N.J.S.A. 30:4C-15.1(a)(1). The evidence established that J.A.H. and ... in permanent placement will cause further harm to the children. N.J.S.A. 30:4C-15.1(a)(2). The evidence showed that F.H. and ...

docket:	a6048-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-31
status:	unpublished
citation:
Document Size:	21888

411 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. F.H. -- rank: 585

... W. , 103 N.J. 591, 599 (1986), and codified in N.J.S.A. 30:4C-15.1(a). The judge memorialized his decision in a judgment dated ... argues that the Division failed to satisfy the requirements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. F.H. contends that ... argues that the Division failed to establish the requirements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. He contends that the ... 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; they ... development have been endangered by their relationships with their parents. N.J.S.A. 30:4C-15.1(a)(1). The evidence established that J.A.H. and ... in permanent placement will cause further harm to the children. N.J.S.A. 30:4C-15.1(a)(2). The evidence showed that F.H. and ...

docket:	a6056-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-31
status:	unpublished
citation:
Document Size:	21888

412 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.S -- rank: 585

... experts in his analysis of the four statutory prongs in N.J.S.A. 30:4C-15.1(a). There are thus two factually independent and legally compelling ... also be guided by the four -prong standard codified in N.J.S.A. 30:4C-15.1(a), which are not mutually exclusive. They instead overlap 'to ...

docket:	a3227-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-19
status:	Published
citation:
Document Size:	65945

413 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.J.R. -- rank: 585

... following issues: I. DYFS FAILED TO ESTABLISH EACH ELEMENT OF N.J.S.A. 30:4C-15.1. A. DYFS Failed To Prove Harm To [A.R.]. B ...

docket:	a5396-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-12
status:	unpublished
citation:
Document Size:	44864

414 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.R.S. -- rank: 585

... each prong of the best interests of the child standard, N.J.S.A. 30:4C-15.1(a). We disagree and affirm. In October 2009, the Division ... the judge correctly employed the four-prong test contained in N.J.S.A. 30:4C-15.1(a), which requires that the Division prove by clear and ... N.J. 88 , 104 (2008)). As to the first prong, N.J.S.A. 30:4C-15.1(a)(1), the judge determined that there was clear and ... found clear and convincing evidence to support the second prong, N.J.S.A. 30:4C-15.1(a)(2). He agreed that S.R.S was committed ... unable to overcome those circumstances. As for the third prong, N.J.S.A. 30:4C-15.1(a)(3), the judge found that the Division had in ... objection. In finding that the Division established the fourth prong, N.J.S.A. 30:4C-15.1(a)(4), the judge concluded that termination of parental ...

docket:	a0507-11
court:	NJ Superior Court Appellate Division
decided:	2012-06-13
status:	unpublished
citation:
Document Size:	29042

415 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.V.-C -- rank: 585

... met the first prong of the best interests test under N.J.S.A. 30:4C-15.1(a). She rejected defendant's argument that he had not ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove the four prongs by 'clear ... specific circumstances. Ibid. The Legislature amended the second prong of N.J.S.A. 30:4C-15.1(a) to eliminate the consideration of whether separating the child ... than good.'' Id. at 26 (third alteration in original) (quoting N.J.S.A. 30:4C-15.1(a)(4)). This requires the trial court 'to determine whether ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] Based on our review of the record, there is ...

docket:	a1796-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-04
status:	Unpublished
citation:
Document Size:	41077

416 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. I.S. -- rank: 585

... clear and convincing evidence, the four-prong statutory standard of N.J.S.A. 30:4C-15.1(a) for the termination of parental rights for L.C ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four prongs of the best interests standard "are ... 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 ... not as strong, that evidence will satisfy the requirements of N.J.S.A. 30:4C-15.1(a)(4)." Id. at 363. "Inherent in the fourth factor ...

docket:	a1055-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-12-14
status:	Published
citation:
Document Size:	67915

417 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.H., SR. -- rank: 583

... interests") standard governs this balance and has been codified in N.J.S.A. 30:4C-15.1. Ibid. A court can terminate parental rights when the Division ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] These "four criteria . . . are not discrete and ... and convincing proof sufficient to satisfy the four prongs of N.J.S.A. 30:4C-15.1(a)." We disagree. As to prong one, defendant contends that he "did not harm [Kevin] within the meaning of N.J.S.A. 30:4C-15.1(a)." For the first prong of the best interests standard ... child irrespective of the source of the harm." Ibid. (citing N.J.S.A. 30:4C-15.1(a)(2); In re Guardianship of R.G.L. , 344 ... A.G. , supra , 344 N.J. Super. at 435 (citing N.J.S.A. 30:4C-15.1. The focus "is not whether a biological mother or ...

docket:	a3575-07
court:
decided:	2009-05-19
status:	Unpublished
citation:
Document Size:	51053

418 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.M. -- rank: 583

... supra , 103 N.J. at 604-11, and codified as N.J.S.A. 30:4C-15.1(a): a. The division shall initiate a petition to terminate ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] In their application, the four factors above "'are not ... harmed or is likely to continue to harm the child. N.J.S.A. 30:4C-15.1(a)(1). The harm "must be one that threatens the ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is "whether the ... correct their circumstances, and to consider alternatives to parental termination. N.J.S.A. 30:4C-15.1(a)(3). A court evaluates, on an individual basis, the ... 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 ...

docket:	a3208-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-08
status:	unpublished
citation:
Document Size:	49266

419 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.G. and J.D -- rank: 583

... establish all four prongs of the best interests standard under N.J.S.A. 30:4C-15.1(a)(1)-(4). Charlene primarily focuses on 1 We use ... defendants' parental rights was in the children's best interests. N.J.S.A. 30:4C- 15.1(a); K.H.O., 161 N.J. at 347-48 ... and the placement of children with relatives or kinship guardians. N.J.S.A. 30:4C-15.1(a)(2) was amended to exclude from consideration the harm ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)(1)-(4).] The four prongs are not independent of ... the home' and considered alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). In view of the services offered to both ...

docket:	a3315-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-30
status:	Unpublished
citation:
Document Size:	34010

420 DIVISION OF YOUTH AND FAMILY SERVICES v. T.I. IN THE MATTER OF THE GUARDIANSHIP OF S.L.M a minor -- rank: 583

... Servs. v. E.P. , 196 N.J. 88 , 104 (2008). N.J.S.A. 30:4C-15.1(a) governs the termination of parental rights in the "best ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] See G.L. , supra , 191 N.J. at 606 ... K.H.O. , supra , 161 N.J. at 354 (citing N.J.S.A. 30:4C-15.1(a)(3)). Additionally, alternatives must be considered before deciding to terminate parental rights. N.J.S.A. 30:4C-15.1(c). The pre-requisites for KLG, the alternative T.I ...

docket:	a2850-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-02
status:	published
citation:	423 N.J. Super. 127 30 A.3d 1074
Document Size:	37856