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511 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.R and M.J. -- rank: 567

... 2 Protection and Permanency (Division) proved all four prongs of N.J.S.A. 30:4C- 15.1(a) and affirm substantially for the reasons set forth by ... established defendant's parental rights should be terminated pursuant to N.J.S.A 30:4C-15.1. This appeal followed. II. A. Ineffective assistance of counsel claim ... the recent amendments to the best interests test codified at N.J.S.A. 30:4C-15.1(a). The Division's witness 'was not questioned with respect ... the trial, made factual findings as to each prong of N.J.S.A. 30:4C-15.1(a), and thereafter concluded the Division met by clear and ... defendant. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with our well- established case law on the ...

docket:	a1638-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-01
status:	Unpublished
citation:
Document Size:	22475

512 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.H.M. -- rank: 567

... had met the four prongs of the statutory test, see N.J.S.A. 30:4C-15.1(a), and deferred the request by a paternal aunt to ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Our task is to determine whether the trial court ...

docket:	a3746-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-27
status:	unpublished
citation:
Document Size:	42574

513 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.H.M. -- rank: 567

... had met the four prongs of the statutory test, see N.J.S.A. 30:4C-15.1(a), and deferred the request by a paternal aunt to ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Our task is to determine whether the trial court ...

docket:	a3747-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-27
status:	unpublished
citation:
Document Size:	42574

514 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 567

... its burden of proof under each of the prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence and terminated defendant's ... 2) the Division failed to prove all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. A parent has a ... may only be granted if the requirements set forth in N.J.S.A. 30:4C-15.1(a), also known as the best interests standard, are established ... Id. at 348. '[T]he cornerstone of the inquiry [under N.J.S.A. 30:4C-15.1(a)] is not whether the biological parents are fit but ... impact of defendant's incarceration as to each prong of N.J.S.A. 30:4C-15.1(a). See N.J. Div. of Child Prot. & Permanency v ... produce an incarcerated defendant for hearings is also analyzed under N.J.S.A. 30:4C-15.1(a). See N.J. Div. of Youth & Family Servs. ...

docket:	a2388-17
court:	NJ Superior Court Appellate Division
decided:	2018-01-11
status:	Unpublished
citation:
Document Size:	30773

515 /usr/local/share/www/libweb/collections/courts/appellate/a4914-18.opn.html -- rank: 567

... RIGHTS IS IN THE BEST INTERESTS OF THE CHILD UNDER N.J.S.A. 30:4C-15.1(a). A. THE [JUDGE] ERRED IN CONCLUDING THAT [THE FATHER ... best interest to terminate parental rights. To terminate parental rights, 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). 'Although a particularly egregious single harm can trigger ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The judge must A-4914-18T2 9 consider ... child.' K.H.O., 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). 'Keeping [a] child in limbo, hoping for some ... adequate, substantial, and credible evidence. C. As to prong three, N.J.S.A. 30:4C-15.1(a)(3) requires the Division to make 'reasonable efforts ...

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516 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.C.M. -- rank: 567

... satisfy the four-prong standard codified by the Legislature in N.J.S.A. 30:4C-15.1(a). 2 The father maintains the Division failed to prove ... parental rights, the Division must establish all four prongs under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. "Those four factors are ... proved with clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a) as to the mother and the father were met ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). This prong was clearly met in this case ... complain the Division failed to meet the third prong of N.J.S.A. 30:4C-15.1(a), because it failed to provide parenting classes designed to ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] This archive is a service of Rutgers School ...

docket:	a3584-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-27
status:	unpublished
citation:
Document Size:	22890

517 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.K and E.W IN THE MATTER OF THE GUARDIANSHIP OF D.W Minor -- rank: 567

... and Permanency (Division) failed to prove the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian joins ... BECAUSE THE DIVISION DID NOT PROVE THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a) BY CLEAR AND CONVINCING EVIDENCE A. The Trial Court ... The Trial Court Erred in Finding that the Division Proved N.J.S.A. 30:4C-15.1(a)(2) by Clear and Convincing Evidence Where the Division ... The Trial Court Erred in Finding that the Division Proved N.J.S.A. 30:4C-15.1(a)(3) By Clear and Convincing Evidence Where the Division ... The Trial Court Erred in Finding that the Division Proved N.J.S.A. 30:4C-15.1(a)(4) By Clear and Convincing Evidence Because the Division ... had proven all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), and that termination of Nick's parental rights ...

docket:	a3141-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-11-11
status:	Published
citation:
Document Size:	24139

518 OF YOUTH AND FAMILY SERVICES v. R.E.C IN THE MATTER OF THE GUARDIANSHIP OF B.M.C., a minor -- rank: 567

... circumstances which led to [Belle's] placement outside the home . . . ." N.J.S.A. 30:4C-15.1(a)(1) and (3). We have considered these arguments in ... confusing factual findings with respect to the four prongs of N.J.S.A. 30:4C-15.1(a)." Id. at 32 (quotation marks omitted). We remanded the ... 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).] See also In re Guardianship of K.H.O ... home." F.M. , supra , 211 N.J. at 452 (quoting N.J.S.A. 30:4C-15.1(a)(3)). N.J.S.A. 30:4C-15.1(c) defines "reasonable efforts," which consist of actions by ...

docket:	a0629-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-24
status:	unpublished
citation:
Document Size:	62376

519 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.A.W. -- rank: 567

... Division satisfied all four prongs of the best interests test, N.J.S.A. 30:4C-15.1. On appeal, Mary and Roger raise numerous arguments directed at ... rights must be terminated in the child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division of Child Protection and Permanency ...

docket:	a1112-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-22
status:	unpublished
citation:
Document Size:	43499

520 DIVISION OF YOUTH AND FAMILY SERVICES v. S.S. -- rank: 567

... 103 N.J. 591 , 604-10 (1986), and codified in N.J.S.A. 30:4C-15.1(a). The determination was memorialized in a judgment of guardianship ... Div. 2001) . Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires DYFS to prove: (1) The child's safety ... circumstances that caused the harm and consider alternatives to termination. N.J.S.A. 30:4C-15.1(a)(3). It is uncontroverted that DYFS provided S.S ...

docket:	a5484-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-14
status:	unpublished
citation:
Document Size:	53896

521 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.J.W. and M.M.W. -- rank: 565

... rendered its decision. It addressed the pertinent statutory factors in N.J.S.A. 30:4C-15.1(a)(1) to (4), and concluded that DYFS had presented ... of parental rights "will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Nonetheless, the court terminated defendants' parental rights to ... first their arguments addressed to the statutory factors. Pursuant to N.J.S.A. 30:4C-15.1(a), parental rights may be terminated if DYFS clearly and ... willingness "to provide a safe and stable home" for them. N.J.S.A. 30:4C-15.1(a)(2). The professional assessments of the children documented their ...

docket:	a5194-08
court:	superior court appellate division
decided:	2010-12-20
status:	Unpublished
citation:
Document Size:	46382

522 /usr/local/share/www/libweb/collections/courts/appellate/a4216-14.opn.html -- rank: 565

... was in the children's best interests, as required in N.J.S.A. 30:4C-15.1(a). After reviewing the evidence presented to the trial court ... trial court's oral opinion tracked the statutory requirements of N.J.S.A. 30:4C-15.1(a) and was supported by substantial credible evidence in the ... the best-interests-of-the-child test, set forth in N.J.S.A . 30:4C-15.1(a)." F.M . , supra , 211 N.J. at 447. Those ... of parental rights will not do more harm than good. [ N.J.S.A . 30:4C-15.1(a)(1)-(4).] The four prongs require a fact-sensitive ... his cousin's and mother's homes were not acceptable. N.J.S.A. 30:4C-15.1(a)(3). There is not clear and convincing evidence in ... barrier preventing Z.L.W. from living with his father. N.J.S.A . 30:4C-15.1(c) defines "reasonable efforts," as actions by the Division " ...

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court:	NJ Superior Court Law/Chancery Division
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523 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.J.W. and M.M.W. -- rank: 565

... rendered its decision. It addressed the pertinent statutory factors in N.J.S.A. 30:4C-15.1(a)(1) to (4), and concluded that DYFS had presented ... of parental rights "will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Nonetheless, the court terminated defendants' parental rights to ... first their arguments addressed to the statutory factors. Pursuant to N.J.S.A. 30:4C-15.1(a), parental rights may be terminated if DYFS clearly and ... willingness "to provide a safe and stable home" for them. N.J.S.A. 30:4C-15.1(a)(2). The professional assessments of the children documented their ...

docket:	a5541-08
court:	superior court appellate division
decided:	2010-12-20
status:	Unpublished
citation:
Document Size:	46382

524 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.R. -- rank: 565

... child. E.P. , supra , 196 N.J. at 102. Under N.J.S.A. 30:4C-15.1(a), a court is authorized to terminate parental rights if ... 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 ... harmed or is likely to continue to harm the child. N.J.S.A. 30:4C-15.1(a)(1). The harm "must be one that threatens the ... unable or unwilling to eliminate the harm facing the child. N.J.S.A. 30:4C-15.1(a)(2). The focus of this inquiry is to determine ... correct their circumstances, and to consider alternatives to parental termination. N.J.S.A. 30:4C-15.1(a)(3). A court evaluates on an individual basis the ... 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 ...

docket:	a5897-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-24
status:	unpublished
citation:
Document Size:	42960

525 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. I.R and P.G -- rank: 565

... best interest 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 ... judge. We add only the following brief comments. A. Under N.J.S.A. 30:4C-15.1(a)(3), the Division must show that it has made ... s progress, development, and health; and (4) facilitating appropriate visitation. [N.J.S.A. 30:4C-15.1(c).] 'Whether particular services are necessary in order to comply ... one months' rent, throughout the pendency of this litigation. See N.J.S.A. 30:4C-15.1(c). That A-3657-18T4 9 I.R. chose to ... by substantial credible evidence in the record. B. To satisfy N.J.S.A. 30:4C-15.1(a)(4), the Division need not 'show[] that no harm ... clinical findings, and the Division otherwise met its burden under N.J.S.A. 30:4C-15.1(a)(4). See A.R., 405 N.J. Super. ...

docket:	a3657-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-01
status:	Unpublished
citation:
Document Size:	23300