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421 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 OF CHILD PROTECTION AND PE -- rank: 583

... used as a defense to termination of parental rights under N.J.S.A. 30:4C-15.1(a)(3). [ P.P. , supra , 180 N.J. at 512 ... 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:	a0296-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-02
status:	unpublished
citation:
Document Size:	50430

422 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.H. -- rank: 583

... decides to pursue termination, each of the four elements of N.J.S.A. 30:4C-15.1(a) will have to be proven by DYFS by clear ...

docket:	a2095-09
court:	superior court appellate division
decided:	2010-11-22
status:	Unpublished
citation:
Document Size:	101581

423 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.M and J.V. -- rank: 583

... interests test necessary for the termination of parental rights. See N.J.S.A. 30:4C-15.1(a). The Division and Max's law guardian contend the ... prongs of the best interests of the child test. See N.J.S.A. 30:4C-15.1(a). Applying her factual findings to the law, the judge ... J.S.A. 3B:12A-1 to -7, and to N.J.S.A. 30:4C-15.1(a)(2) require reversal rests on an inaccurate interpretation of ... s application of the best- interests test, as codified in N.J.S.A. 30:4C-15.1(a)(1) to (4), in a parental- termination case. The only amendment to N.J.S.A. 30:4C-15.1(a) occurred in prong two, which no longer requires a ... 417 N.J. Super. 228, 244 (App. Div. 2010) (quoting N.J.S.A. 30:4C-15.1(a)(2)). In the 2021 statutory amendments, the Legislature ...

docket:	a2072-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-11
status:	Unpublished
citation:
Document Size:	29377

424 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.E.D. -- rank: 583

... four prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a). The Law Guardian supports termination and urges us to ... Tabitha could adopt the children. The judge concluded that, under N.J.S.A. 30:4C-15.1(a), the Division had proven its case by clear and ... 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's ... relationship.'" M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)); see also In re Guardianship of DMH , 161 ...

docket:	a5457-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-06
status:	unpublished
citation:
Document Size:	34221

425 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.C. -- rank: 583

... decides to pursue termination, each of the four elements of N.J.S.A. 30:4C-15.1(a) will have to be proven by DYFS by clear ...

docket:	a2030-09
court:	superior court appellate division
decided:	2010-11-22
status:	unpublished
citation:
Document Size:	101585

426 /usr/local/share/www/libweb/collections/courts/appellate/a4929-15a4931-15.opn.html -- rank: 583

... had satisfied the four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), and that termination of defendants' parental rights was in ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C:15.1(a).] These four prongs are neither discrete nor separate, but ...

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court:	NJ Superior Court Law/Chancery Division
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427 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.W. -- rank: 583

... prongs of the best interests of the child standard in N.J.S.A. 30:4C-15.1(a). The court entered an order dated May 18, 2015 ... two of the best interests of the child standard in N.J.S.A. 30:4C-15.1(a). We are convinced from our review of the record ... or abusive parent." Ibid. Thus, the Division is authorized by N.J.S.A. 30:4C-15.1(a) to seek the termination of parental rights in "the ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). The harm "must be one that threatens the ... harm faced by the child, or provide a stable home. N.J.S.A. 30:4C-15.1(a)(2). The essence of this inquiry looks to whether ... the home, and considered alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). The evidence also supports the judge's ...

docket:	a4424-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-28
status:	unpublished
citation:
Document Size:	36276

428 /usr/local/share/www/libweb/collections/courts/appellate/a4777-18.opn.html -- rank: 583

... findings on all four prongs of the best interests standard. N.J.S.A. 30:4C-15.1(a). The Law Guardian joins the Division in opposing the ... Division met all four prongs of the best interests standard. N.J.S.A. 30:4C-15.1(a)(1)-(4). The court noted that Richard did not ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] A-4777-18T3 22 Applying this standard of review ... were met: Richard endangered Heather's 'safety, health or development,' N.J.S.A. 30:4C-15.1(a)(1), and the harm is such that it 'threatens ... development 'has been . . . endangered' 'or will continue to be endangered.' N.J.S.A. 30:4C-15.1(a)(1). A-4777-18T3 24 decided that she could ... of parental rights would not cause more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The judge recognized that this prong of ...

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429 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. W.G. -- rank: 581

... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] W.G. contends DYFS failed to prove by clear ...

docket:	a2255-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-30
status:	unpublished
citation:
Document Size:	57289

430 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.K and S.C -- rank: 581

... all four prongs of the best interests standard embodied in N.J.S.A. 30:4C-15.1(a) 'was erroneous, necessitating reversal of the judgment.' She asserts ... light of the record and applicable legal principles, we affirm. N.J.S.A. 30:4C-15.1(a) requires the Division to petition for termination of parental ... relationship. See K.H.O., 161 N.J. at 348 ('[ N.J.S.A. 30:4C- 15.1(a)] requires that the State demonstrate harm to the child ... delay in permanent placement' will further harm the child.' (quoting N.J.S.A. 30:4C- - 15.1(a)(2))). 16 Pursuant to N.J.S.A. 30 ... at trial, made copious 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 A-1860-19T1 27 comports with applicable ...

docket:	a1860-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-29
status:	Unpublished
citation:
Document Size:	48533

431 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.G and T.S -- rank: 581

... recent legislation—L. 2021, c. 154—which amended parts of N.J.S.A. 30:4C-15.1(a) and the Kinship Legal Guardianship Act, N.J.S ... the four-pronged 'best interests of the child' standard under N.J.S.A. 30:4C-15.1(a), which forms the central legal inquiry in termination-of ... able to provide a safe and stable home for Tina. N.J.S.A. 30:4C-15.1(a)(1)-(2). The judge also found the Division had ... of children. Id. at 280. That standard is codified at N.J.S.A. 30:4C-15.1(a), and requires the State to establish: (1) The child ... a delay in a permanent placement add to that harm? N.J.S.A. 30:4C- 15.1(a)(2). This is the only amendment to the operative ... is true recent amendments express a preference for kinship caregivers, N.J.S.A. 30:4C-15.1(a) and our well-established caselaw clearly state that ...

docket:	a0968-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-09
status:	Unpublished
citation:
Document Size:	25175

432 K.O. v. N.D. -- rank: 581

... those for the termination of parental rights' under Title 30, N.J.S.A. 30:4C-15.1(a). Fall & Romanowski, Child Custody, Protection & Support § 21:3 ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The first prong requires that the harm 'threatens the ... has endangered the child's health and development.' Ibid. (quoting N.J.S.A. 30:4C-15.1(a)(2)). Unfitness is also demonstrated if a parent fails ... development.' K.H.O., 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). That finding was not made by either judge ...

docket:	a0260-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-21
status:	Unpublished
citation:
Document Size:	43074

433 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.L.A. -- rank: 581

... opinion finding the Division had proved the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, and a termination of ... in remedying the parenting deficiencies cited by Dr. Jeffrey. Under N.J.S.A. 30:4C-15.1(a), the Division must prove by clear and convincing evidence ... not do more harm than good. A-1991-17T1 27 [N.J.S.A. 30:4C-15.1(a).] 'Importantly, those four prongs are not 'discrete and separate ... which led to the child's placement outside the home[.]' N.J.S.A. 30:4C-15.1(a)(3). The Division's efforts must be analyzed 'with ... In Re Tricia & Trixie H., 126 N.H. 418 (1985)). N.J.S.A. 30:4C-15.1(c) defines diligent efforts as those 'attempts by an agency ...

docket:	a1991-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-05
status:	Unpublished
citation:
Document Size:	52694

434 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.C. -- rank: 581

... 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:	a1294-09
court:	superior court appellate division
decided:	2010-12-14
status:	unpublished
citation:
Document Size:	69794

435 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.N. -- rank: 581

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1)-(4).] As the Supreme Court has explained, these ... harm . . . arising out of the parental relationship and cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2)." D.M.H. , supra , 161 N ... arrangements, obligations and ability to care for the child. See N.J.S.A. 30:4C-15.1(a)(3). Finally, given the absence of any relationship between ... parental rights would not do more harm than good. See N.J.S.A. 30:4C-15.1(a)(4). There was no rush to judgment or denial ... inconsistent with the child's best interests as defined in N.J.S.A. 30:4C-15.1(a). Defendant's claim that he should have been afforded ...

docket:	a3020-09
court:	superior court appellate division
decided:	2010-11-16
status:	unpublished
citation:
Document Size:	32434