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 Results for ("N.J.S.A. 30:4c-15.1")   46 to 60 of 1746 results. Run time: 0.709 seconds | Search time: 0.702 seconds    
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46 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.P. and J.A.T.A., a/k/a J.R and F.S. -- rank: 719
... an oral decision, finding the Division met its burden under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence and that termination of ... the children from their foster parent under prong four of N.J.S.A. 30:4C-15.1(a).'8 John urges us to reverse the guardianship judgment ... v. J.R., 442 U.S. 584, 603 (1979)). Under N.J.S.A. 30:4C-15.1(a), the Division must satisfy the following prongs before a ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read, '[s]uch harm may include evidence ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O., 161 N.J. at ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). See also N.J. Div. of Youth & ...
docket: a1955-21
court: NJ Superior Court Appellate Division
decided: 2023-03-28
status: Unpublished
citation:
Document Size: 53591
47 DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.M.P and R.S., III IN THE MATTER OF THE GUARDIANSHIP OF J.M.S., a minor -- rank: 717
... child require the termination of parental rights of [defendant]" under N.J.S.A. 30:4C-15.1, and entered an order terminating defendant's parental rights and ... grant a petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence. In re ... that the Division established by clear and convincing evidence under N.J.S.A. 30:4C-15.1(a) that it was in John's best interest to ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "[T]he Division must prove harm that 'threatens ... neglect proceedings may be informative for discussions of harm under N.J.S.A. 30:4C-15.1(a), a prior determination of abuse or neglect is not ... child' standard applicable to termination of parental rights proceedings under N.J.S.A. 30:4C-15.1(a)(1) was satisfied by the abuse or neglect ...
docket: a5363-14
court: NJ Superior Court Appellate Division
decided: 0000-00-00
status: unpublished
citation:
Document Size: 60938
48 /usr/local/share/www/libweb/collections/courts/supreme/a5521-11.opn.html -- rank: 714
... each of the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). With regard to the first prong, "[t]he child ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). She found "no evidence that [Joan] is willing ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). With regard to services provided to Joan, the ... bond would not do more harm than good pursuant to N.J.S.A. 30:4C-15.1(a)(4) where both children were emotionally bonded to their ... Division's] exploration of alter natives to termination pursuant to N.J.S.A. 30:4C-15.1(a)(3) was inadequate. 1. Improper Evaluation of Maternal Grandmother ... 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 ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 100357
49 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.K.G and E.L.P. -- rank: 714
... are asked to consider whether the trial court properly applied N.J.S.A. 30:4C-15.1(a) to a parent who has never parented either child ... of Child Protection and Permanency (Division) proved each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, maintaining the Division failed ... do more harm than good. We agree the language of N.J.S.A. 30:4C-15.1(a) does not lend itself easily to an analysis of ... C), and failure to do so satisfies the requirements of N.J.S.A. 30:4C-15.1(a), warranting termination of parental rights. Here, Edward did not ... the record, finding the Division proved the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. This appeal followed. II ... at 346; C.S., 367 N.J. Super. at 11. N.J.S.A. 30:4C-15.1(a)(1) to (4) sets forth the four-pronged ...
docket: a2902-21
court: NJ Superior Court Appellate Division
decided: 2023-03-09
status: Unpublished
citation:
Document Size: 42913
50 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A. and J.A. -- rank: 714
... did not prove each of the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. They also contend that ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Therefore, we reverse the ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, because the trial court ... the guardianship trial, reasonable efforts to reunite the family under N.J.S.A. 30:4C-15.1(a). To this end, a factfinding hearing was held on ... prove the third prong of the "best interests" test under N.J.S.A. 30:4C-15.1(a)(3). In New Jersey Div. of Youth and Family ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] The Supreme Court has held that DYFS must ...
docket: a5896-06
court: New Jersey Superior Court Appellate Division
decided: 2009-04-09
status: Published
citation:
Document Size: 122037
51 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.A. and J.A. -- rank: 714
... did not prove each of the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. They also contend that ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Therefore, we reverse the ... that DYFS did not prove the four statutory elements of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, because the trial court ... the guardianship trial, reasonable efforts to reunite the family under N.J.S.A. 30:4C-15.1(a). To this end, a factfinding hearing was held on ... prove the third prong of the "best interests" test under N.J.S.A. 30:4C-15.1(a)(3). In New Jersey Div. of Youth and Family ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] The Supreme Court has held that DYFS must ...
docket: a5897-06
court: New Jersey Superior Court Appellate Division
decided: 2009-04-09
status: Published
citation:
Document Size: 122037
52 DIVISION OF YOUTH AND FAMILY SERVICES,1 v. J.R and A.S. and M.S IN THE MATTER OF THE GUARDIANSHIP OF K.A.R. AND K.S.R minors -- rank: 714
... each of the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). With regard to the first prong, "[t]he child ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). She found "no evidence that [Joan] is willing ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). With regard to services provided to Joan, the ... bond would not do more harm than good pursuant to N.J.S.A. 30:4C-15.1(a)(4) where both children were emotionally bonded to their ... Division's] exploration of alter natives to termination pursuant to N.J.S.A. 30:4C-15.1(a)(3) was inadequate. 1. Improper Evaluation of Maternal Grandmother ... 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 ...
docket: a5521-11
court: New Jersey Superior Court Appellate Division
decided: 2013-07-10
status: Published
citation:
Document Size: 100194
53 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.E.W. -- rank: 712
... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The statute requires that the State demonstrate harm to ... establish each of the four statutory factors set forth in N.J.S.A. 30:4C-15.1(a). We cannot agree. J.W. was born on June ... PROVE BY CLEAR AND CONVINCING EVIDENCE THE STATUTORY REQUIREMENTS OF N.J.S.A. 30:4C-15.1. POINT I(A) : DYFS FAILED TO PROVE BY CLEAR AND ... the court's analysis under the first two prongs of N.J.S.A. 30:4C-15.1(a). While the court noted that defendant was not responsible ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown under the first prong must ... parent's willingness to eliminate the harm facing the child, N.J.S.A. 30:4C-15.1(a)(2), "and evidence that supports one informs and ...
docket: a3135-09
court: superior court appellate division
decided: 2010-11-24
status: unpublished
citation:
Document Size: 73692
54 DIVISION OF YOUTH AND FAMILY SERVICES v. C.T IN THE MATTER OF THE GUARDIANSHIP OF T.T., a minor -- rank: 712
... four prongs of the "best interests of the child" standard, N.J.S.A. 30:4C-15.1(a). Alternatively, C.T. contends that the Division of Youth ... reasonable alternative to termination of C.T.'s parental rights, N.J.S.A. 30:4C-15.1(a)(3). We therefore affirm in part, reverse in part ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Specific evidence is required in each case because the ... with parental unfitness, the two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2)[,] are related to [each other], and ... over time. The second prong of the best interests standard, N.J.S.A. 30:4C-15.1(a)(2), "relates to parental unfitness" and "may be established ... that the court consider "alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). The first requirement "contemplates efforts that focus ...
docket: a4606-10
court: NJ Superior Court Appellate Division
decided: 2012-05-09
status: unpublished
citation:
Document Size: 114963
55 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.C and T.C -- rank: 712
... placement of the child,' and exploring 'alternatives to termination' under N.J.S.A. 30:4C-15.1(a)(3). Trent also claims the Division failed to meet ... such sources here, because the statute's meaning is clear. N.J.S.A. 30:4C-15.1 provides, in pertinent part: 'The [D]ivision shall initiate a ... then lists the 'best interests' prongs discussed infra, section II. N.J.S.A. 30:4C-15.1(a) (emphasis added). Under Trent's construction, the Division can ... Division had met its burden of providing reasonable efforts under N.J.S.A. 30:4C-15.1(a)(3) to help Trent correct the circumstances that led ... litigation risk that a Family Part judge [would] conclude' under N.J.S.A. 30:4C-15.1(a)(3) that it has failed to prove that 'alternatives ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] 'The Division must prove by clear and convincing ...
docket: a4097-16
court: NJ Superior Court Appellate Division
decided: 2020-04-27
status: Unpublished
citation:
Document Size: 37379
56 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.W. -- rank: 705
... to prove each of the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Division and the ... by clear and convincing evidence, all four required elements under N.J.S.A. 30:4C-15.1, and terminated defendants' parental rights. These appeals followed. II. Before ... the best-interests-of-the-child test, set forth in N.J.S.A . 30:4C-15.1(a)." Id. at 447-48 (citing N.J. Div. of ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four "prongs" require a fact-sensitive analysis, and ... would be endangered by placement with defendants as contemplated by N.J.S.A. 30:4C-15.1(a)(1). III. Defendants also argue that the Division failed ... harm facing their children, in satisfaction of the second prong. N.J.S.A. 30:4C-15.1(a)(2). They say they took steps to demonstrate ...
docket: a4056-12
court: NJ Superior Court Appellate Division
decided: 2014-07-07
status: unpublished
citation:
Document Size: 96767
57 OF YOUTH AND FAMILY SERVICES v. R.G. and J.G. -- rank: 705
... termination of parental rights serves the child's best interests. N.J.S.A. 30:4C-15.1(a). The statute authorizes a court to terminate parental rights ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four statutory criteria are "not discrete and separate ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). The trial judge viewed the only count in ... abandonment. 3 He then turned to its statutory definition under N.J.S.A. 30:4C-15.1(b), which requires the Division to move to terminate parental ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). J.G. does not propose to become Tara ... harm" caused to Tara by her separation from G.B. N.J.S.A. 30:4C-15.1(a)(2). The fact that J.G. does not ...
docket: a1310-10
court: NJ Superior Court Appellate Division
decided: 2011-12-21
status: unpublished
citation:
Document Size: 74360
58 N.J. Div. of Youth & Family Servs. v. A.L. -- rank: 705
... itself, does not constitute a harm to the child under N.J.S.A. 30:4C-15.1(a)(1).” Id. at 349. Because of the ... ” for courts to decide Title 30 guardianship cases. See N.J.S.A. 30-4C-15.1(a); R.D. , supra , 207 N.J. at 114. IV ... itself, does not constitute a harm to the child under N.J.S.A. 30:4C-15.1(a)(1).” See K.H.O. , supra , 161 N ... Servs. v. F.M. , 211 N.J. 420, 447 (2012); N.J.S.A. 30:4C-15.1(a) –- a higher threshold than the preponderance standard in ...
docket: a-28-11
court: NJ Supreme Court
decided: 2013-02-06
status:
citation: 213 N.J. 1 59 A.3d 576
Document Size: 131880
59 /usr/local/share/www/libweb/collections/courts/appellate/a4067-12xx.opn.html -- rank: 705
... to prove each of the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Division and the ... by clear and convincing evidence, all four required elements under N.J.S.A. 30:4C-15.1, and terminated defendants' parental rights. These appeals followed. II. Before ... the best-interests-of-the-child test, set forth in N.J.S.A . 30:4C-15.1(a)." Id. at 447-48 (citing N.J. Div. of ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four "prongs" require a fact-sensitive analysis, and ... would be endangered by placement with defendants as contemplated by N.J.S.A. 30:4C-15.1(a)(1). III. Defendants also argue that the Division failed ... harm facing their children, in satisfaction of the second prong. N.J.S.A. 30:4C-15.1(a)(2). They say they took steps to demonstrate ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 96119
60 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.L and L.Y -- rank: 705
... first two prongs of the termination of parental rights statute, N.J.S.A. 30:4C-15.1(a). We remand with respect to prongs three and four ... trial court determined the Division proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, terminated the parental rights ... by clear and convincing evidence, the following four prongs under N.J.S.A. 30:4C-15.1(a): (1) The child's safety, health, or development has ... 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 ... which led to the child's placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3). Reasonable efforts is defined as 'attempts by an ... placement of the child and in reinforcing the family structure.' N.J.S.A. 30:4C- 15.1(c). The record must also establish 'the court has ...
docket: a1497-18
court: NJ Superior Court Appellate Division
decided: 2019-11-07
status: Unpublished
citation:
Document Size: 39712
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