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481 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.D.-G. -- rank: 574

... under each prong of the best interests test, codified at N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. We disagree and affirm ... judgment of guardianship. His opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with In re Guardianship of K.H.O ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "[T]he relevant inquiry focuses on the cumulative ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2); K.H.O. , supra , 161 N.J. at ... parents "would cause serious and enduring emotional or psychological harm." N.J.S.A. 30:4C-15.1(a)(2); K.H.O. , supra , 161 N.J. at ... the court must consider alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). This third "prong of the [best interests ...

docket:	a2609-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-07
status:	unpublished
citation:
Document Size:	25271

482 /usr/local/share/www/libweb/collections/courts/appellate/a1108-20.opn.html -- rank: 574

... Division proved each prong of the best interests test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence was in error. She ... of the 'best interests of the child' standard enumerated in N.J.S.A. 30:4C-15.1(a). Specifically, as to the first prong, the judge held ... best interests to terminate parental rights. To terminate parental rights, N.J.S.A. 30:4C-15.1(a) requires the Division to prove four prongs by clear ... enacted L. 2021 c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2). This amendment does not impact our judgment as ...

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483 DCPP VS. S.Z.K., ET AL., IN THE MATTER OF THE GUARDIANSHIP OF D.D.M.M. AND S.A.H. -- rank: 574

... prongs of the best interests of the child test under N.J.S.A. 30:4C-15.1(a), entered an order terminating the parents' parental rights, awarding ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove each prong by 'clear and ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] Courts do not measure reasonableness by the 'success' of ... amended only prong two of the best interests standard under N.J.S.A. 30:4C-15.1(a) by deleting the sentence, '[s]uch harm may include ... the child.' Compare L. 2021, c. 154, § 9 (current N.J.S.A. 30:4C- 15.1(a)(2)), with L. 2015, c. 82, § 3 (prior ...

docket:	a2763-22
court:	appellate
decided:	2024-04-19
status:	Unpublished
citation:
Document Size:	34484

484 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.M.T. -- rank: 574

... prove by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1. We have considered these arguments in light of the record ... found that the Division had proven all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence with respect to both ... 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 Family 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. , 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 ... help rather than simply follow a knee jerk bureaucratic approach." N.J.S.A. 30:4C-15.1(c) defines "reasonable efforts," as actions by the Division " ...

docket:	a3470-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-11
status:	unpublished
citation:
Document Size:	48041

485 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.J. -- rank: 574

... clear and convincing evidence as to all four prongs of N.J.S.A. 30:4C-15.1, and as a result, the judge terminated both defendants' parental ... Judge's findings on prongs two, three and four of N.J.S.A. 30:4C-15.1. II The law governing our analysis is well established. "The ... 103 N.J. 591 , 604-11 (1986) and 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 ... the court consider "alternatives to the termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Here, the court found that: [O]ne person ...

docket:	a2508-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-22
status:	unpublished
citation:
Document Size:	78872

486 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.J. -- rank: 574

... clear and convincing evidence as to all four prongs of N.J.S.A. 30:4C-15.1, and as a result, the judge terminated both defendants' parental ... Judge's findings on prongs two, three and four of N.J.S.A. 30:4C-15.1. II The law governing our analysis is well established. "The ... 103 N.J. 591 , 604-11 (1986) and 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 ... the court consider "alternatives to the termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Here, the court found that: [O]ne person ...

docket:	a2506-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-22
status:	unpublished
citation:
Document Size:	78872

487 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.B. -- rank: 574

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); N.J. Div. of Youth & Family Servs. v. I ... s testimony credible. She found that all four prongs of N.J.S.A. 30:4C-15.1(a) had been proven by clear and convincing evidence and ... relationship endangered the safety, health, or development of her children. N.J.S.A. 30:4C-15.1(a)(1). More specifically, the record must establish that the ... H.O. , supra , 161 N.J. at 352; see also N.J.S.A. 30:4C-15.1(a)(2). The inquiry is "not only whether the parent ... s progress, development and health; and (4) facilitating appropriate visitation. [ N.J.S.A. 30:4C-15.1(c).] However, DYFS's efforts should be measured not by ... s parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The Division need not have established that " ...

docket:	a2628-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-02
status:	unpublished
citation:
Document Size:	44107

488 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.H -- rank: 574

... four prongs of the best interests of the child test. N.J.S.A. 30:4C-15.1 WERE ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE. A. THE TRIAL ... best interests of the child" test is set forth in 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 , Div. of Youth & Fam. Servs. v. P ... needs of children and caregivers in long-term kinship relationships. [ N.J.S.A. 30:4C-15.1, one difference stands out: kinship legal guardian may only be ... pari materia with the termination of parental rights statutes, including N.J.S.A. 30:4C-15.1. See P.P. , supra , 180 N.J. at 509 fn ...

docket:	a6435-06
court:	njappellate
decided:	2008-07-08
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	50945

489 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. G.T.M. -- rank: 574

... 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 statute ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four factors are not independent of each other ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). "The harm shown . . . must be one that threatens ... serious and enduring emotional or psychological harm to the child." N.J.S.A. 30:4C-15.1(a)(2). The second prong focuses on parental unfitness and ... 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 ...

docket:	a4817-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-28
status:	unpublished
citation:
Document Size:	111970

490 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.C.J and E.J -- rank: 574

... meet its burden of proving all four required elements of N.J.S.A. 30:4C-15.1 by clear and convincing evidence. The mother has 1 We ... 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 ... is known as prong one of the Title 30 criteria, N.J.S.A. 30:4C-15.1(a)(1). Moving on, the judge further concluded that the ... the judge was satisfied that prong two under Title 30, N.J.S.A. 30:4C-15.1(a)(2), had been established. With respect to prong three, N.J.S.A. 30:4C-15.1(a)(3), the judge duly considered whether the Division proved ... burden under prong four, known as the 'best interests' standard, N.J.S.A. 30:4C- 15.1(a)(4). This prong operates as a 'fail-safe ...

docket:	a4636-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-27
status:	Unpublished
citation:
Document Size:	35939

491 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.O. -- rank: 574

... Amy. As to prong one of the best interests test, N.J.S.A. 30:4C-15.1, the court found that Eric endangered Amy because he had ... N.J. 88 , 104 (2008)). Termination of parental rights under N.J.S.A. 30:4C-15.1(a), requires the Division to prove by clear and convincing ... 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 ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2). This prong "may also be demonstrated if the ... which led to the child's placement outside the home[.]" N.J.S.A. 30:4C-15.1(a)(3). The goal of the services should be reunification ... of the family. DMH , supra , 161 N.J. 390 -91. N.J.S.A. 30:4C-15.1(c) describes reasonable efforts: [A]ttempts by an agency ...

docket:	a2652-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-20
status:	unpublished
citation:
Document Size:	38980

492 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.M. -- rank: 572

... prongs of the 'best interests of the child' test under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Natalie also argues that ... proved by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a). The judge entered a judgment terminating Natalie's and ... 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 ...

docket:	a4892-15
court:	NJ Superior Court Appellate Division
decided:	2018-10-22
status:	Unpublished
citation:
Document Size:	37245

493 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. W.M. and J.L.R. -- rank: 572

... by clear and convincing evidence all of the requirements under N.J.S.A. 30:4C-15.1(a) for termination of W.M.'s and J.L ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The four criteria enumerated in the best interests standard ... met its burden with regard to the third prong of N.J.S.A. 30:4C-15.1(a). Id. at 580-81. In our view, W.M ... by clear and convincing evidence all of the criteria under N.J.S.A. 30:4C-15.1(a) for termination of W.M.'s parental rights. IV ... that the Division failed to establish the first prong of N.J.S.A. 30:4C-15.1(a) as to W.M. J.L.R. contends that ...

docket:	a5837-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-06
status:	unpublished
citation:
Document Size:	41340

494 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.P. -- rank: 572

... two of the four prongs of the best interests test. N.J.S.A. 30:4C-15.1(a). Specifically, she contends, with respect to the first prong, N.J.S.A. 30:4C-15.1(a)(1), that the trial court failed to find that ... the parental relationship. She also contends, regarding the fourth prong, N.J.S.A. 30:4C-15.1(a)(4), that there was insufficient proof that termination would ... Judge Donaldson analyzed the four-prong best interests standard in N.J.S.A. 30:4C-15.1(a), and found the Division proved by clear and convincing ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Judge Donaldson found that prong one was met because ...

docket:	a0569-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-20
status:	unpublished
citation:
Document Size:	26603

495 DIVISION OF YOUTH AND FAMILY SERVICES v. H.F. and A.S IN THE MATTER OF THE GUARDIANSHIP OF A.A.S., a minor -- rank: 572

... 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 ... child's best interests to terminate the parental relationship. See N.J.S.A. 30:4C-15.1. The Supreme Court has noted that these four criteria "are ... but she certainly was psychologically and[] emotionally being harmed[.]" See N.J.S.A. 30:4C-15.1(a)(1). The second prong was likewise sufficiently demonstrated by ... the second prong was met has abundant evidential support. See N.J.S.A. 30:4C-15.1(a)(2). The third prong was also readily established as ... alternatives to Alice's ongoing placement in foster care. See N.J.S.A. 30:4C-15.1(a)(3). Lastly, the fourth prong, sometimes described as ...

docket:	a5795-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-19
status:	unpublished
citation:
Document Size:	79465