Search Rutgers Law Library N.J. Court Opinions

541 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.M. -- rank: 561

... four prongs of the best-interests-of-the-child test, N.J.S.A. 30:4C- 15.1(a), by clear and convincing evidence. On appeal, defendant challenges ... best-interests-of-the-child statutory test have been satisfied. N.J.S.A. 30:4C-15.1(a). That statute requires that the Division prove by clear ... placement would cause serious and enduring mental or emotional impairment. N.J.S.A. 30:4C-15.1(a)(2). A-1736-18T3 14 Under this alternative approach ... if the Division made reasonable efforts to reunify the family. N.J.S.A. 30:4C- 15.1(c). Fred contends that the court erred when it held ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). The trial court may rely on expert testimony ...

docket:	a1736-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-26
status:	Unpublished
citation:
Document Size:	33158

542 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M. a/k/a M.P. and J.S. -- rank: 561

... met its burden under the four best interests prongs in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, and termination of Morgan ... R]ED RESOURCE PURSUANT TO THE JULY 2021 REVISIONS TO N.J.S.A. 30:4C-15.1(a), AND THE RESOURCE PARENTS' UNDERSTANDING OF WHAT ADOPTION ACTUALLY ... trial court employs the four best interests prongs codified in N.J.S.A. 30:4C-15.1(a), and considers whether: (1) The child's safety, health ... 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 ... than good.'' Id. at 26 (third alteration in original) (quoting N.J.S.A. 30:4C-15.1(a)(4)). This requires the trial court 'to determine whether ...

docket:	a1787-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-12
status:	Unpublished
citation:
Document Size:	53085

543 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.E.T. and T.E.F and S.B., -- rank: 561

... burden of proving all four prongs of the termination statute, N.J.S.A. 30:4C-15.1(a)(1) through (4), by clear and convincing evidence. The ... findings on prongs one and two of the statutory criteria. N.J.S.A. 30:4C-15.1(a)(1) and (2). The evidence demonstrates that both parents ... insufficient to offset those persisting concerns. Turning to prong three, N.J.S.A. 30:4C-15.1(a)(3), we concur with the trial judge that the ... judge's findings on prong three. As to prong four, N.J.S.A. 30:4C-15.1(a)(4), there is abundant evidence in the record to ...

docket:	a3886-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-28
status:	Unpublished
citation:
Document Size:	22667

544 DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.L. -- rank: 561

... by the Court in A.W. , is now codified in N.J.S.A. 30:4C-15.1(a) and requires the State to establish each of the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four criteria "are not '[discrete] and separate,' but ... and the court "consider[] alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1(a)(3). Regarding this element, defendants focus their arguments on ... s parental rights will not cause more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The court must assess each child's relationships ...

docket:	a1956-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-02
status:	unpublished
citation:
Document Size:	69802

545 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.R. -- rank: 561

... failed to satisfy any of the four statutory prongs of N.J.S.A. 30:4C-15.1(a). The court issued an order denying the Division's ... four prongs of the "best interests test" set forth in N.J.S.A. 30:4C-15.1(a). N.J. Div. of Youth & Family Servs. v. F ... 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 ... clear and convincing evidence to satisfy all four prongs of N.J.S.A. 30:4C-15.1(a). Because we find the court's determination that the ... will not do more harm than good" to the child. N.J.S.A. 30:4C-15.1(a)(4). The family court must discern "whether, after considering ...

docket:	a5326-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-09
status:	unpublished
citation:
Document Size:	52275

546 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.H. -- rank: 561

... Division's satisfaction of the first two statutory prongs of N.J.S.A. 30:4C-15.1: So, the first prong being that the child's hea ... had initially endangered the child's health, safety and development. N.J.S.A. 30:4C-15.1(a)(2). The question is whether the parent can become ... by a " delay of permanent placement " is also a consideration. N.J.S.A. 30:4C-15.1(a)(2) . DYFS must prove " the harm is likely to ...

docket:	a6037-07
court:	superior court appellate division
decided:	2010-01-25
status:	unpublished
citation:
Document Size:	77867

547 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.B. -- rank: 561

... Division") had established all four criteria necessary for termination under N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. R.B. now appeals ...

docket:	a5988-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-09
status:	unpublished
citation:
Document Size:	64689

548 DIVISION OF CHILD PROTECTION AND PERMANENCY,1 v. L.R IN THE MATTER OF THE GUARDIANSHIP OF A.R., a Minor -- rank: 561

... four prongs of the best interest of the child test, N.J.S.A. 30:4C-15.1(a). The Law Guardian supports termination and urges us to ... interests of the child analysis by clear and convincing evidence, N.J.S.A. 30:4C-15.1(a), and as such, terminated Lucas' parental rights to Arthur ... 279-80 (2007). When seeking termination of parental rights under N.J.S.A. 30:4C-15.1(a), the Division has the burden of establishing by clear ... rights. The first prong of the best interests test under N.J.S.A. 30:4C-15.1(a)(1) requires us to "determine whether the 'child's ... relationship.'" M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)); see also In re Guardianship of D.M ...

docket:	a1617-14
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	30925

549 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES - v. D.B. -- rank: 561

... dated April 17, 2008, terminating their parental rights pursuant to N.J.S.A. 30:4C-15.1(a). Guardianship of their daughter, D.N.B., was awarded ... four-prong test for termination of parental rights, found in N.J.S.A. 30:4C-15.1(a)(1), (2), (3), and (4), by clear and convincing ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1), (2), (3), and (4).] Our task on appeal ... to provide a safe and stable home for the child." N.J.S.A. 30:4C-15.1(a)(2). Loss of the relationship with her biological parents ... which led to the child's placement outside the home." N.J.S.A. 30:4C-15.1(a)(3). Multiple substance abuse evaluations and treatment options were ... prong, that termination will not do more harm than good, N.J.S.A. 30:4C-15.1(a)(4), there can be no doubt that a " ...

docket:	a4841-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-27
status:	Published
citation:
Document Size:	32398

550 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. Y.T. -- rank: 561

... dated April 17, 2008, terminating their parental rights pursuant to N.J.S.A. 30:4C-15.1(a). Guardianship of their daughter, D.N.B., was awarded ... four-prong test for termination of parental rights, found in N.J.S.A. 30:4C-15.1(a)(1), (2), (3), and (4), by clear and convincing ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)(1), (2), (3), and (4).] Our task on appeal ... to provide a safe and stable home for the child." N.J.S.A. 30:4C-15.1(a)(2). Loss of the relationship with her biological parents ... which led to the child's placement outside the home." N.J.S.A. 30:4C-15.1(a)(3). Multiple substance abuse evaluations and treatment options were ... prong, that termination will not do more harm than good, N.J.S.A. 30:4C-15.1(a)(4), there can be no doubt that a " ...

docket:	a5281-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-27
status:	Published
citation:
Document Size:	32404

551 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.H. -- rank: 558

... four prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a). The Law Guardian supports termination and urges us to ... four prongs of the best interests of the child analysis, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. The judge observed that ... 279-80 (2007). When seeking termination of parental rights under N.J.S.A. 30:4C-15.1(a), the Division has the burden of establishing by clear ... rights. The first prong of the best interests test under N.J.S.A. 30:4C-15.1(a)(1) requires us to "determine whether the 'child's ... relationship.'" M.M. , supra , 189 N.J. at 281 (quoting N.J.S.A. 30:4C-15.1(a)(1)); see also In re Guardianship of D.M ... under Title Nine; so long as the four criteria of N.J.S.A. 30:4C-15.1 are proven by clear and convincing evidence, a person' ...

docket:	a2397-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-13
status:	unpublished
citation:
Document Size:	33738

552 IN THE MATTER OF THE ADOPTION OF A CHILD BY J.E.V. and D.G.V -- rank: 558

... the family, or the termination would not have been granted. N.J.S.A. 30:4C-15.1(a)(3); see I.S., supra, 202 N.J. at ...

docket:	a3238-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-23
status:	published
citation:	442 N.J.Super. 472 124 A.3d 708
Document Size:	45815

553 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.W. -- rank: 558

... the evidence did not satisfy all four criteria required by N.J.S.A. 30:4C-15.1(a) for termination of her parental rights. Under the statute ... 161 N.J. 337 , 348 (1999). The first prong of N.J.S.A. 30:4C-15.1(a) requires proof of harm to the child by the ... 211 N.J. 420 , 450 (2012). The first prong of N.J.S.A. 30:4C-15.1(a), however, can be proven by expert evidence showing that ... of domestic violence. With respect to the second prong of N.J.S.A. 30:4C-15.1(a), defendant applies the outdated parental-fitness standard, which has ... to provide a safe and stable home in the future. N.J.S.A. 30:4C-15.1(a)(2); F.M. , 211 N.J. at 450-51 ... that caused her child's removal. The fourth requirement of N.J.S.A. 30:4C-15.1(a) "'serves as a fail-safe against termination even ...

docket:	a2363-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-22
status:	unpublished
citation:
Document Size:	45562

554 DIVISION OF CHILD PROTECTION AND PERMANENCY v. O.J IN THE MATTER OF THE GUARDIANSHIP OF M.K.J., a minor -- rank: 558

... all of the criteria for termination of parental rights under N.J.S.A. 30:4C-15.1(a). The court entered an order dated December 10, 2012 ... establishes, by clear and convincing evidence, the four criteria in N.J.S.A. 30:4C-15.1(a): (1) The child's safety, health or development has ... safety, health or development was endangered by the parental relationship. N.J.S.A. 30:4C-15.1(a)(1). She contends that M.K.J. never lacked ... to eliminate the harm she posed to M.K.J. N.J.S.A. 30:4C-15.1(a)(2). O.J. says she complied with the services ... that led to the child's removal from her care. N.J.S.A. 30:4C-15.1(a)(3). This argument also fails. The record shows that ... her parental rights would not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). O.J.'s argument is entirely without ...

docket:	a2130-12
court:	New Jersey Superior Court Appellate Division
decided:	2013-11-25
status:	Published
citation:
Document Size:	29624

555 DIVISION OF YOUTH AND FAMILY SERVICES v. M.R.H. and J.L.R., IV -- rank: 558

... 344 N.J. Super. 418 , 434 (App. Div. 2001) (quoting N.J.S.A. 30:4C-15.1(a)(1)), certif. denied , 171 N.J. 44 (2002). In ...

docket:	a5409-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-02
status:	unpublished
citation:
Document Size:	54139