Search Rutgers Law Library N.J. Court Opinions

451 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.R IN THE MATTER OF A.R.-O a minor October 1, 2014 -- rank: 581

... must instead be proven by clear and convincing evidence. See N.J.S.A. 30:4C-15.1(a). 2 Guided by these standards, we proceed to analyze ...

docket:	a1791-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	53034

452 K.D v. A.S. -- rank: 579

... it adopted N.J.S.A. 9:2-7.1. N.J.S.A. 30:4C-15.1(a) allows a court to permanently sever the legal relationship ...

docket:	a3543-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-05
status:	Published
citation:
Document Size:	31950

453 NEW JERSEY OF YOUTH AND FAMILY SERVICES v. V.N.S. -- rank: 579

... 103 N.J. 591 , 604-10 (l986), as codified in N.J.S.A. 30:4C-15.1(a). Accordingly, he entered a "judgment of guardianship after default ... the child, courts follow a four-prong standard, codified in N.J.S.A. 30:4C-15.1(a). This standard allows for termination when the Division proves ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These criteria are neither separate nor discrete. In re ...

docket:	a4153-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-24
status:	unpublished
citation:
Document Size:	93641

454 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.A.M.R and R.J.C.M -- rank: 579

... of the statutory criteria for termination of parental rights under N.J.S.A. 30:4C- 15.1(a)(1) through (4). In particular, Judge Paganelli found the ... continue to be endangered by their parental relationship with Michael, N.J.S.A. 30:4C-15.1(a)(1); Michael is unable or unwilling to eliminate that ... them, and delaying permanent placement will add to their harm, N.J.S.A. 30:4C-15.1(a)(2); the Division made reasonable efforts to reunify Michael ... and considered alternatives to termination of Michael's parental rights, N.J.S.A. 30:4C-15.1(a)(3); and termination of parental rights will not cause Mark and John more harm than good, N.J.S.A. 30:4C-15.1(a)(4). On appeal Michael challenges only the court's ...

docket:	a4722-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-27
status:	Unpublished
citation:
Document Size:	34502

455 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.L.B. and R.S.H -- rank: 579

... A-1316-18T4 2 interests of the child' test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian supports ... adduced during the four-day trial, all four prongs of N.J.S.A. 30:4C-15.1(a). This appeal followed. II. Parents have a constitutionally protected ... 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 ... one, which focuses on 'endanger[ment]' to the child. See N.J.S.A. 30:4C-15.1(a)(1); In re Guardianship of D.M.H., 161 ...

docket:	a1316-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-12
status:	Unpublished
citation:
Document Size:	58074

456 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.E.M and J.E -- rank: 579

... established by clear and convincing evidence the four prongs under N.J.S.A. 30:4C-15.1(a). Regarding J.E.'s fitness to parent, the judge ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] Regarding the third prong, the Division must demonstrate that ... D.M.H., 161 N.J. 365, 386 (1999) (citing N.J.S.A. 30:4C- 15.1(a)(3)). Reasonable efforts include: A-0100-19T2 11 (1 ... health; and (4) facilitating appropriate visitation. [Id. at 387 (citing N.J.S.A. 30:4C-15.1(c)).] In analyzing this prong, the Division's 'efforts to ... Division satisfied its burden under th e third prong of N.J.S.A. 30:4C-15.1(a). J.E.'s contentions that the Division failed to ...

docket:	a0100-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-26
status:	Unpublished
citation:
Document Size:	38203

457 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.T. and C.J -- rank: 579

... 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 ... 348. At the time of the trial court's decision, N.J.S.A. 30:4C-15.1(a) required the Division to prove: A-2728-20 17 ... C.J.'s parental rights. 5 Effective July 2, 2021, N.J.S.A. 30:4C-15.1 was amended to remove '[s]uch harm may include evidence ... 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 Division ...

docket:	a2728-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-08
status:	Unpublished
citation:
Document Size:	35545

458 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.M. -- rank: 576

... CLEAR AND CONVINCING EVIDENCE EACH OF THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1, AND, THEREFORE, [S.M.'S] PARENTAL RIGHTS TO HER DAUGHTER ... raises these points for review: POINT I : THE ELEMENTS OF N.J.S.A. 30:4C-15.1 WERE NOT PROVEN BY CLEAR AND CONVINCING EVIDENCE. A. J ... supra , 103 N.J. at 604-11, and codified in N.J.S.A. 30:4C-15.1(a), requires the State to establish each of the following ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four requirements "relate to and overlap with one ... second, third and fourth prongs of the statutory test of N.J.S.A. 30:4C-15.1, by clear and convincing evidence. Specifically, S.M. argues the ...

docket:	a1483-08
court:	New Jersey Superior Court Appellate Division
decided:	2009-09-04
status:	unpublished
citation:
Document Size:	71945

459 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.C.R. -- rank: 576

... of the best interest of the child test, codified in N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. With respect to prongs ... see N.J.S.A. 30:4C- 1(a). Under N.J.S.A. 30:4C-15.1(a), the Division must prove by clear and convincing evidence ... of parental rights will not do more harm than good. [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 ... s degree of participation. DMH, 161 N.J. at 390. N.J.S.A. 30:4C-15.1(c) defines 'reasonable efforts' as 'attempts by an agency authorized ...

docket:	a3318-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-27
status:	Unpublished
citation:
Document Size:	44580

460 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.M.H -- rank: 576

... findings on all four prongs of the best interests standard. N.J.S.A. 30:4C-15.1(a). The Law Guardian for the child joins the Division ... the best interests of the child test, set forth in N.J.S.A. 30:4C-15.1(a): (1) The child's safety, health, or development has ... reasonable efforts, the Division is required to facilitate 'appropriate visitation.' N.J.S.A. 30:4C-15.1(c)(4) (emphasis added). The Division may restrict visitation when ... to the Division's failure to convey that information. See N.J.S.A. 30:4C-15.1(c)(3) (defining 'reasonable efforts' to include 'informing the parent ...

docket:	a4062-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-01
status:	Unpublished
citation:
Document Size:	35741

461 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES - v. J.F. -- rank: 576

... CLEAR AND CONVINCING EVIDENCE EACH OF THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1, AND, THEREFORE, [S.M.'S] PARENTAL RIGHTS TO HER DAUGHTER ... raises these points for review: POINT I : THE ELEMENTS OF N.J.S.A. 30:4C-15.1 WERE NOT PROVEN BY CLEAR AND CONVINCING EVIDENCE. A. J ... supra , 103 N.J. at 604-11, and codified in N.J.S.A. 30:4C-15.1(a), requires the State to establish each of the following ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four requirements "relate to and overlap with one ... second, third and fourth prongs of the statutory test of N.J.S.A. 30:4C-15.1, by clear and convincing evidence. Specifically, S.M. argues the ...

docket:	a6314-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-09-04
status:	Published
citation:
Document Size:	69364

462 /usr/local/share/www/libweb/collections/courts/appellate/a1085-20.opn.html -- rank: 576

... that addressed each of the four statutory-prongs codified in N.J.S.A. 30:4C-15.1(a). The judge found the Division proved, by clear and ... Division satisfied the requirements under prongs I and II in N.J.S.A. 30:4C- 15.1(a); (5) the court erred in concluding, as a matter ... met its burden of proof by clear and convincing evidence. N.J.S.A. 30:4C-15.1(a) states: The [D]ivision shall initiate a petition to ...

docket:
court:
decided:
status:
citation:
Document Size:	36438

463 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.S IN THE MATTER OF THE GUARDIANSHIP OF D.M. and K.M Minors -- rank: 576

... to prove each of the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. He also argues that ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a)." N.J. Div. of Youth and Fam. Servs. v ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four prongs require a fact-sensitive analysis, and ... K.H.O. , 161 N.J. 337 , 352 (1997)) (citing N.J.S.A. 30:4C-15.1(a)(1)). "To satisfy this prong, [the Division] does not ... 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 ...

docket:	a5315-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-03-18
status:	Published
citation:
Document Size:	56140

464 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.J and W.L IN THE MATTER OF THE GUARDIANSHIP OF T.L and W.L., IV Minors -- rank: 576

... of the best- interests-of-the-child standard, codified in N.J.S.A. 30:4C-15.1(a). The judge found that it was in the best ... 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 ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). This prong focuses on the negative effect the ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The second prong 'relates to parental unfitness' and ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). '[T]he fourth prong of the best interests ...

docket:	a0392-18
court:	NJ Superior Court Appellate Division
decided:	2019-10-29
status:	Unpublished
citation:
Document Size:	42753

465 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.J -- rank: 576

... the four prongs of the child's best interests standard, N.J.S.A. 30:4C-15.1(a), and found that the Division had proven each prong ... child's best interests standard. See A-3424-21 17 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 parental rights proceedings, and the Kinship Legal ... 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:	a3424-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-14
status:	Unpublished
citation:
Document Size:	39684