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526 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.T. -- rank: 565

... had proven all four prongs of the best interest test, N.J.S.A. 30:4C-15.1(a), and therefore held that termination of parental rights was ... v. P.P. , 180 N.J. 494 , 509 (2004) (quoting N.J.S.A. 30:4C-15.1(d)(3)). Here, the child's great aunt, with whom ...

docket:	a2891-15
court:	NJ Superior Court Appellate Division
decided:	2017-01-24
status:	unpublished
citation:
Document Size:	22922

527 /usr/local/share/www/libweb/collections/courts/appellate/a3022-07a3414-07.opn.html -- rank: 565

... parental rights. Applying the four prong test set forth in N.J.S.A. 30:4C-15.1, and accompanying case law, the trial court terminated the parental ... CLEAR AND CONVINCING EVIDENCE AS TO THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a). A. The Trial Court's Legal Conclusion that N ... Trial Court's Determinations on Prongs Two and Three of N.J.S.A. 30:4C- 15(1)(a) [sic]. C. Judge Sabbath's Prejudice Against the Parents ... CONCLUSION THAT ALL FOUR PRONGS OF THE STATUTORY TEST UNDER N.J.S.A. 30:4C-15.1(a) FOR TERMINATION OF PARENTAL RIGHTS WERE ESTABLISHED BY CLEAR ... N.J. 591 , 604-11 (1986), and now codified in N.J.S.A. 30:4C-15.1(a). Under that test, the following four prongs must be ... 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 ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	29002

528 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.M. and J.R.M IN THE MATTER OF THE GUARDIANSHIP OF K.M KI.M., Y.M., and N.M Minors -- rank: 565

... the best interests of the child test set forth in N.J.S.A. 30:4C-15.1. The parents and children also contend that the court erred ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] These four criteria 'are not discre[te] and separate ... by clear and convincing evidence. A-5048-17T4 14 Under N.J.S.A. 30:4C-15.1(c), the term 'reasonable efforts to provide services' under prong ... indicated a clear preference to adopt). A-5048-17T4 18 N.J.S.A. 30:4C-15.1(a)(3) places a burden not only on the Division ... addresses whether termination 'will not do more harm than good,' N.J.S.A. 30:4C-15.1(a)(4), and the concept of potential harm must be ...

docket:	a5048-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-28
status:	Unpublished
citation:
Document Size:	44111

529 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.M.W. and A.S -- rank: 565

... all four prongs of the best interests standard embodied in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, and the trial court ... 2020. See R. 2:11-3(e)(1)(A). I. N.J.S.A. 30:4C-15.1(a) requires the Division to petition for termination of parental ... N.C.M., 438 N.J. Super. at 368 (quoting N.J.S.A. 30:4C-15.1(c)). A-4552-19 23 being 'constantly . . . torn between two ... trial, made detailed factual findings as to each prong of N.J.S.A. 30:4C-15.1(a), and concluded that the Division met, by clear and ... unpersuasive. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a) and comports with applicable case law. See, e.g ...

docket:	a4552-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-14
status:	Unpublished
citation:
Document Size:	53263

530 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the OF CHILD PROTECTION AND PERMANENCY v. C.L and B.W., J.O., and C.C IN THE MATTER OF THE GUARDIANSH -- rank: 565

... K., Sr. 2 A-1596-16T1 prongs set forth in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The law guardian supported ... clear and convincing evidence of the four prongs of the N.J.S.A. 30:4C-15.1(a) 'best interests of the child' test necessary to terminate ... 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 ... recognition that alternatives to termination of parental rights pursuant to N.J.S.A. 30:4C-15.1(a)(3) were unavailable in this matter. Defendant failed to ...

docket:	a1596-16
court:	NJ Superior Court Appellate Division
decided:	2017-11-03
status:	unpublished
citation:
Document Size:	65083

531 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.O and J.F -- rank: 563

... the best interests of the child standard set forth in N.J.S.A. 30:4C-15.1(a). We disagree and affirm the judgment. 1 We use ... satisfied all four prongs of the best-interests standard under N.J.S.A. 30:4C- 15.1(a). Addressing prongs one and two, the court held that ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] 1. Prong One Under the first prong of the ... biological parents can constitute injury 2 Effective July 2, 2021, N.J.S.A. 30:4C-15.1(a)(2) was amended to delete the second sentence of ... 20 16 to the child's placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3). 'Reasonable efforts include consulting with the parent, developing ... of the four factors supporting termination of parental rights under N.J.S.A. 30:4C-15.1(a). Accordingly, the record does not support any of ...

docket:	a1887-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-27
status:	Unpublished
citation:
Document Size:	30701

532 /usr/local/share/www/libweb/collections/courts/appellate/a1609-13xx.opn.html -- rank: 563

... Permanency (the Division) failed to prove the third prong of N.J.S.A. 30:4C-15.1(a)(3) – that the Division failed to make reasonable ... of parental rights will not do more harm than good, N.J.S.A. 30:4C-15.1(a)(4). We find no merit in these arguments and ... rights must be terminated in the child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and convincing ... Division made the reasonable efforts required by the third prong, N.J.S.A. 30:4C-15.1(a)(3). In light of our obligation to defer to ... of parental rights "will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). We, thus, affirm substantially for the reasons set ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	15670

533 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.T. -- rank: 563

... Permanency (the Division) failed to prove the third prong of N.J.S.A. 30:4C-15.1(a)(3) – that the Division failed to make reasonable ... of parental rights will not do more harm than good, N.J.S.A. 30:4C-15.1(a)(4). We find no merit in these arguments and ... rights must be terminated in the child's best interests. N.J.S.A. 30:4C-15.1(a) requires that the Division prove by clear and convincing ... Division made the reasonable efforts required by the third prong, N.J.S.A. 30:4C-15.1(a)(3). In light of our obligation to defer to ... of parental rights "will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). We, thus, affirm substantially for the reasons set ...

docket:	a1608-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-22
status:	unpublished
citation:
Document Size:	16691

534 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.C. -- rank: 563

... Protection and Permanency (Division) failed to prove each prong of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Law Guardian supported ... does not participate in this appeal. 2 A-0328-17T3 N.J.S.A. 30:4C-15.1(a) requires the Division to petition for termination of parental ... serious and enduring emotional or psychological harm to the child.' N.J.S.A. 30:4C- 15.1(a)(2). 3 A-0328-17T3 We will not recite ... at trial, made detailed findings as to each prong of N.J.S.A. 30:4C- 15.1(a), and concluded that the Division met by clear and ... guardianship. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a) and accords with applicable 18 A-0328-17T3 case ...

docket:	a0328-17
court:	NJ Superior Court Appellate Division
decided:	2018-06-19
status:	published
citation:
Document Size:	63308

535 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.R. -- rank: 563

... convincing evidence all four of the criteria for termination under N.J.S.A. 30:4C-15.1(a). On appeal, defendant contends that the Division failed to ... defendant had endangered the child in the past (prong one), N.J.S.A. 30:4C-15.1(a)(1); is unable or unwilling to provide a safe ... and further delay will add to that harm (prong two), N.J.S.A. 30:4C-15.1(a)(2); the Division had made reasonable efforts to provide ... services, which defendant failed to attend or complete (prong three), N.J.S.A. 30:4C-15.1(a)(3); and that the factual and expert proofs clearly ... will not cause Nate more harm than good (prong four), N.J.S.A. 30:4C-15.1(a)(4). Our scope of review on appeal is limited ...

docket:	a1850-15
court:	NJ Superior Court Appellate Division
decided:	2016-11-15
status:	unpublished
citation:
Document Size:	17014

536 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.M. -- rank: 563

... and Permanency (Division) failed to satisfy the four prongs under N.J.S.A. 30:4C-15.1(a). We affirm. We summarize the evidence relevant to the ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] Based on the evidence and testimony, the judge terminated ... children. N.J.S.A. 30:4C-11.3(c); N.J.S.A. 30:4C-15.1(d). On the fourth prong, the judge found the Division ... rights because the Division failed to meet its burden under N.J.S.A. 30:4C- 15.1(a). Our review of a judge's decision to terminate ...

docket:	a4613-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-16
status:	Unpublished
citation:
Document Size:	15968

537 DIVISION OF YOUTH AND FAMILY SERVICES v. T.N.C. -- rank: 563

... Will Not Do More Harm Than Good to her Children. N.J.S.A. 30:4C-15.1(a) authorizes the termination of parental rights if the Division ... 417 N.J. Super. 228 , 244 (App. Div. 2010) (quoting N.J.S.A. 30:4C-15.1(a)(2)), certif. denied sub nom. N.J. Dep't ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). "Reasonable efforts" refers to attempts "by an agency ... placement of the child and in reinforcing the family structure." N.J.S.A. 30:4C-15.1(c). Such efforts include but are not limited to: (1 ...

docket:	a4376-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-29
status:	unpublished
citation:
Document Size:	43916

538 DIVISION OF YOUTH AND FAMILY SERVICES v. H.W. -- rank: 563

... under prong three of the four prong test articulated in N.J.S.A. 30:4C-15.1(a), and further, whether DYFS failed to pursue Kinship Legal ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] We focus our inquiry on the third prong, mandating ... efforts to provide services as well as alternatives to termination. N.J.S.A. 30:4C-15.1(c) defines the meaning of "reasonable efforts," which consist of ... same result regarding a KLG. Under the third element of N.J.S.A. 30:4C-15.1(a), the court must also determine whether there are any ...

docket:	a2878-09
court:	superior court appellate division
decided:	2011-02-02
status:	unpublished
citation:
Document Size:	42390

539 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.C. -- rank: 561

... interests") standard governs this balance and has been codified in N.J.S.A. 30:4C-15.1. Ibid. A court can terminate parental rights when the Division ... 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 ... A.G. , supra , 344 N.J. Super. at 435 (citing N.J.S.A. 30:4C-15.1. This prong "serves as a fail-safe against termination even ...

docket:	a5473-07
court:
decided:	2009-06-08
status:	Unpublished
citation:
Document Size:	76220

540 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.N.P. -- rank: 561

... prong test for termination of parental rights as codified in N.J.S.A. 30:4C-15.1. Judge Baxter concluded that Yolanda's best interests required severance ... or provide a safe and stable home for her. See N.J.S.A. 30:4C-15.1(a). To establish the first subpart of the statute, the ... Yolanda's safety, health and development at risk of harm. N.J.S.A. 30:4C-15.1(a)(1). She relied on the Supreme Court's holding ... the court to consider alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1(a)(3). Such alternatives may include placement of the child ... not as strong, that evidence will satisfy the requirement of N.J.S.A. 30:4C-15.1(a)(4)[.]" Id. at 363. Judge Baxter credited Dr. Jeffrey ...

docket:	a1494-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-24
status:	unpublished
citation:
Document Size:	35819