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496 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:	a5797-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-19
status:	unpublished
citation:
Document Size:	79465

497 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.R. -- rank: 572

... to prove each prong of the best interests test of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. After reviewing the evidence ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1) to (4).] Our review of the Family Part ... George also argues that the trial court's determination under N.J.S.A. 30:4C-15.1(a)(1) was improper. The record amply supports Judge Sabbath ... of services to aid Martha within the framework provided by N.J.S.A. 30:4C-15.1(c). George claims that the Division's recommended psychological examinations ... are amply supported by the record. The second component of N.J.S.A. 30:4C-15.1(a)(3) addresses whether alternatives to termination were considered. N ... in the Division's recommended programs. The final prong of N.J.S.A. 30:4C-15.1(a) addresses whether the termination of parental rights will ...

docket:	a2757-12
court:	NJ Superior Court Appellate Division
decided:	2013-11-22
status:	unpublished
citation:
Document Size:	47796

498 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.B. -- rank: 572

... was in his son's best interests, as codified in N.J.S.A. 30:4C-15.1(a)(1)-(4). The Division and the Law Guardian oppose ... REQUIREMENTS OF N.J.S.A. 30:4C-15 AND N.J.S.A. 30:4C-15.1 AND THEREFORE TERMINATION OF PARENTAL RIGHTS WAS IMPROPER. A. DCPP ... be in the best interests of the child or children.  N.J.S.A. 30:4C-15.1(a); F.M. , supra , 211 N.J. at 447-48.  The "best interests" standard is codified in N.J.S.A. 30:4C-15.1(a), which requires the State to establish the following four ... or will continue to be endangered by the parental relationship."   N.J.S.A. 30:4C-15.1(a)(1).  The Division can clearly and convincingly prove the ... serious and enduring emotional or psychological harm to the child."  N.J.S.A. 30:4C-15.1(a)(2).  In the case before us, the trial ...

docket:	a3353-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-28
status:	unpublished
citation:
Document Size:	54880

499 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.R. -- rank: 572

... to prove each prong of the best interests test of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. After reviewing the evidence ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1) to (4).] Our review of the Family Part ... George also argues that the trial court's determination under N.J.S.A. 30:4C-15.1(a)(1) was improper. The record amply supports Judge Sabbath ... of services to aid Martha within the framework provided by N.J.S.A. 30:4C-15.1(c). George claims that the Division's recommended psychological examinations ... are amply supported by the record. The second component of N.J.S.A. 30:4C-15.1(a)(3) addresses whether alternatives to termination were considered. N ... in the Division's recommended programs. The final prong of N.J.S.A. 30:4C-15.1(a) addresses whether the termination of parental rights will ...

docket:	a2758-12xx
court:	NJ Superior Court Appellate Division
decided:	2013-11-22
status:	unpublished
citation:
Document Size:	47795

500 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.M.K.,1 and H.B -- rank: 572

... and Permanency (Division) failed to prove the fourth prong of N.J.S.A. 30:4C-15.1(a) by clear 2 The judgment also terminated the parental ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] In her comprehensive oral decision, the judge concluded that ... the Division had satisfied each of the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. As to prongs one ... 2007). The trial judge's opinion tracks the requirements of N.J.S.A. 30:4C- 15.1(a), and is supported by substantial and credible evidence in ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). We disagree. N.J.S.A. 30:4C-15.1(a)(4) 'serves as a fail-safe against termination ...

docket:	a2814-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-23
status:	Unpublished
citation:
Document Size:	37738

501 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.G. & A.R. -- rank: 572

... clear and convincing evidence all four statutory prongs outlined in N.J.S.A. 30:4C-15.1. 5 In his decision, Judge Sabbath found the Division's ... 1 , 10 (1992). To address these concerns, the Legislature enacted N.J.S.A. 30:4C-15.1(a). If the Division proves each of the four prongs in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, a parent's rights ...

docket:	a3235-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-09
status:	unpublished
citation:
Document Size:	27848

502 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:	a5836-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-06
status:	unpublished
citation:
Document Size:	41340

503 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.S. -- rank: 570

... satisfied all four prongs of the statutory "best interests" test, N.J.S.A. 30:4C-15.1(a). The following facts were adduced from the trial record ... PRONGS OF N.J.S.A. 30:4C-15 AND [ N.J.S.A. ] 30:4C-15.1 WERE MET. (1) The Trial Court's Finding that [Defendant] Has Harmed Sonia Within the Meaning of N.J.S.A 30:4C-15.1(a)(1) is Not Objectively Sustainable on the Record Below ... seeking the termination of a parent's rights pursuant to N.J.S.A . 30:4C-15.1(a), the Division has the burden of establishing, by clear ...

docket:	a3011-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-04
status:	unpublished
citation:
Document Size:	56597

504 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.C. -- rank: 570

... rights case. We also hold that the word "parent" in N.J.S.A. 30:4C-15.1 "best interests" criteria.     The basis for DYFS' motion for summary ... approach to the ultimate determination requires me to look at N.J.S.A. 30:4C-15.1, 15.1 being the best interest of the child determination ... manner that the statutory "best interests" criteria set forth in N.J.S.A. 30:4C-15.1 "best interests" criteria.     The use of the summary judgment procedure ... the four-prong "best interests of the child" test of N.J.S.A. 30:4C-15.1. See In re Guardianship of K.H.O. , 161 N ... was colored, to a large extent, by his misapplication of N.J.S.A. 30:4C-15.1 "best interests" criteria, but only that due process dictates such ... Reversed and remanded for a plenary hearing as to the N.J.S.A. 30:4C-15.1 "best interests" criteria to occur within ninety days of ...

docket:	a5764-00
court:	njappellate
decided:	2002-01-03
status:	published
citation:	346 N.J. Super. 277
Document Size:	18890

505 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.A.G. -- rank: 570

... parental rights are codified in subsections (1) through (4) of N.J.S.A. 30:4C-15.1(a), and are designed to balance parental rights and the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); Div. of Youth & Fam. Servs. v. P.P. , 180 ... prong statutory criteria to terminate parental rights set forth in N.J.S.A. 30:4C-15.1 were clearly met, regardless of the availability of S.H ...

docket:	a4143-06
court:	njappellate
decided:	2007-12-24
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	106245

506 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. P.M. -- rank: 570

... interests") standard governs this balance and has been codified in N.J.S.A. 30:4C-15.1. Ibid. Pursuant to that statutory standard, in an action by ... 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 ... to assist the parent or guardian in remedying the conditions." N.J.S.A. 30:4C-15.1. This prong of the best interests standard "'serves as a ...

docket:	a5617-07
court:	superior court appellate division
decided:	2009-06-26
status:	Unpublished
citation:
Document Size:	74072

507 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. I.B -- rank: 570

... prongs of the best interest of the child standard in N.J.S.A. 30:4C-15.1(a). 1 We use initials and pseudonyms to protect the ... not address the merits of Ingrid's arguments pursuant to N.J.S.A. 30:4C-15.1(a). On June 19, 2020, the Division filed a complaint ... to both children pursuant to the four-pronged analysis in N.J.S.A. 30:4C-15.1(a). Ingrid filed this appeal. Pursuant to the United States ... not address the merits of Ingrid's arguments pursuant to N.J.S.A. 30:4C-15.1(a). Because the trial judge made credibility findings, we remand ...

docket:	a0422-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-28
status:	Unpublished
citation:
Document Size:	27084

508 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.L.R.R. -- rank: 570

... 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 standards are neither discrete nor separate. They overlap ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(1) and (2). "While the second prong more directly ... N.J. Super. 451 , 487-88 (App. Div. 2012) (quoting N.J.S.A. 30:4C-15.1(a)(3)). Reasonable efforts depend upon the facts and circumstances ... N.J. Super. 418 , 434-35 (App. Div. 2001) (citing N.J.S.A. 30:4C-15.1(a)(3)), certif. denied , 171 N.J. 44 (2002). "This ... will not do more harm than good to the child. N.J.S.A. 30:4C-15.1(a)(4). The Division does not fail to satisfy ...

docket:	a4151-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-24
status:	unpublished
citation:
Document Size:	61911

509 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. I.G. -- rank: 570

... evidence the four prongs of the statutory best interests test, N.J.S.A. 30:4C-15.1(a). The Law Guardian joins the Division in supporting the ... of the four prongs of the statutory best interests test, N.J.S.A. 30:4C-15.1(a). The judge found that Stacy and Ike have not ... evidence all four prongs of the statutory best interests test, N.J.S.A. 30:4C-15.1(a). We briefly review the well-recognized criteria for terminating ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four prongs 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). In N.J. Div. of Youth & Family Servs. v ... the Court concluded that harm under the first prong of N.J.S.A. 30:4C-15.1(a), was established by a mother’s violation of ...

docket:	a3287-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-08
status:	unpublished
citation:
Document Size:	53228

510 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.D.B. -- rank: 570

... satisfied all four prongs of the statutory "best interests" test, N.J.S.A. 30:4C-15.1(a). The following facts were adduced from the trial record ... and found that the Division had met its burden under N.J.S.A. 30:4C-15.1 by clear and convincing evidence. This appeal followed, in which ... seeking the termination of a parent's rights pursuant to N.J.S.A . 30:4C-15.1(a), the Division has the burden of establishing, by clear ... court must have considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3) (emphasis added). The Supreme Court has held that ... the court must consider "alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). This involves placement with relatives. The Division has ... will benefit the child more than it harms the child. N.J.S.A. 30:4C-15.1(a)(4). The Court has recognized that "not all ...

docket:	a5330-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-09
status:	unpublished
citation:
Document Size:	38849