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586 DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.J IN THE MATTER OF THE GUARDIANSHIP OF A.Y. and R.T minors -- rank: 554

... of the "best interests of the child" test, codified at N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence before parental rights can ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria "'are not discreet and separate, but ... Viewing the "best interests" test in light of amendments to N.J.S.A. 30:4C-15.1, which conform our statutes to the mandates of the Federal ... 44; A.G. , supra , 344 N.J. Super. at 440; N.J.S.A. 30:4C-15.1(a)(1). We reject C.J.'s arguments and conclude ...

docket:	a1752-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-02
status:	unpublished
citation:
Document Size:	44546

587 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.A.M. -- rank: 554

... satisfy the four prongs of the best interest test in N.J.S.A. 30:4C-15.1(a). After considering all of defendant's arguments we conclude ... decision concluding that the Division satisfied the four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, and ordered the termination ... 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 ...

docket:	a0115-15
court:	NJ Superior Court Appellate Division
decided:	2016-04-29
status:	unpublished
citation:
Document Size:	18636

588 DIVISION OF YOUTH AND FAMILY SERVICES v. A.K IN THE MATTER OF THE GUARDIANSHIP OF L.O., a minor -- rank: 554

... 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:	a4419-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-18
status:	unpublished
citation:
Document Size:	81185

589 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.C. -- rank: 554

... trial court's termination of their parental rights pursuant to N.J.S.A. 30:4C-15.1(a). Guardianship of defendants' two children was awarded to the ... four-prong test for termination of parental rights enunciated in N.J.S.A. 30:4C-15.1(a)(1), (2), (3) and (4), and specifically, that neither ... 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 is to ... and provide a safe and stable home for the child. N.J.S.A. 30:4C-15.1(a)(2). It is noteworthy that even I.C.'s ... prong, that termination will not do more harm than good, N.J.S.A. 30:4C-15.1(a)(4), defendants object that the trial court applied an ...

docket:	a3660-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-04-01
status:	Published
citation:
Document Size:	34721

590 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.S.C. -- rank: 554

... four-prong test for termination of parental rights, codified in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Judge White stated her ... N.J. 591 , 604-10 (1986), and subsequently codified in N.J.S.A. 30:4C-15.1(a), requires the State to satisfy the following four-part ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1). The Division need not "concentrate on a single ... 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:	a5950-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-14
status:	unpublished
citation:
Document Size:	42329

591 DIVISION OF YOUTH AND FAMILY SERVICES v. K.T.T. and W.R -- rank: 554

... with parental unfitness, the two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related to one another, and ...

docket:	a4177-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	unpublished
citation:
Document Size:	52899

592 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.L. -- rank: 554

... N.J. 591 , 604-11 (1986), has been codified in N.J.S.A. 30:4C-15.1. Ibid. Thus, a court can terminate parental rights when the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The burden of proof in all guardianship cases is ... 344 N.J. Super. 418 , 434 (App. Div. 2001) (quoting N.J.S.A. 30:4C-15.1(a)(2)); (citing J.C. , supra , 129 N.J. at ... a trial court's determination that the four prongs of N.J.S.A. 30:4C-15.1 have been met in a termination case must not state ... the State's proof in meeting the four prongs under N.J.S.A. 30:4C-15.1 in any meaningful way. Additionally, some of the facts the ...

docket:	a3753-07
court:	NJ Superior Court Appellate Division
decided:	2009-05-06
status:	unpublished
citation:
Document Size:	32553

593 OF CHILD PROTECTION AND PERMANENCY v. E.T and R.N -- rank: 554

... best interests of the children warranted termination of parental rights. N.J.S.A. 30:4C-15.1(a). Defendant also argues his trial counsel provided ineffective assistance ... 103 N.J. at 604-11, is now codified in N.J.S.A. 30:4C-15.1(a), and requires the State establish each of the following ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four criteria are not discreet and separate, but ... being, despite the Division's best efforts to achieve reunification. N.J.S.A. 30:4C-15.1(a) (1), (2), (3); see also KHO , supra , 161 N ... totality of these proofs clearly and convincingly satisfies prong four. N.J.S.A. 30:4C-15.1(a)(4). Defendant next argues he was deprived effective assistance ...

docket:	a5184-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-26
status:	Published
citation:
Document Size:	38077

594 DIVISION OF YOUTH AND FAMILY SERVICES v. K.T.T. and W.R -- rank: 554

... with parental unfitness, the two components of the harm requirement, N.J.S.A. 30:4C-15.1(a)(1) and (2) are related to one another, and ...

docket:	a3832-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	unpublished
citation:
Document Size:	53633

595 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.A.M. -- rank: 552

... four of the statutory best- interests-of-the-child test, N.J.S.A. 30:4C-15.1(a). Those portions of the statute require that the Division ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)(2)-(4).] The Division's proof as to all ... its burden of proof as to all four prongs of N.J.S.A. 30:4C-15.1(a) and entered the judgment of guardianship. This appeal followed ... 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 ... determine that termination 'will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). It serves as a ''fail-safe' inquiry guarding ...

docket:	a1190-18
court:	NJ Superior Court Appellate Division
decided:	2019-12-19
status:	Unpublished
citation:
Document Size:	26350

596 NEW JERSEY DIVISON OF YOUTH AND FAMILY SERVICES v. L.A.G. -- rank: 552

... the four criteria for terminating parental rights set forth in N.J.S.A. 30:4C-15.1(a). We agree with the trial judge that DYFS clearly ... AND CONVINCING PROOF SUFFICIENT TO SATISFY THE FOUR PRONGS OF N.J.S.A. 30:4C-15.1(a). A. There Is No Evidence That L.S. Harmed ... J. at 605). When seeking termination of parental rights under N.J.S.A. 30:4C-15.1(a), DYFS has the burden of establishing the following standards ... endangered her children's safety, health, or development. In addressing N.J.S.A. 30:4C-15.1(a)(1), Judge Guadagno cited L.S.'s pattern of ... legal conclusions. His opinion comprehensively analyzed the statutory requirements of N.J.S.A. 30:4C-15.1(a) and was amply supported by clear and convincing evidence ...

docket:	a4068-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-10
status:	unpublished
citation:
Document Size:	45633

597 /usr/local/share/www/libweb/collections/courts/appellate/a1961-15a2713-16.opn.html -- rank: 552

... applying the four- prong best interests of the child test, N.J.S.A. 30:4C-15.1(a)(1)- (4), issued a thirty-eight page written decision3 ... one, continued endangerment of the child's safety and health, N.J.S.A. 30:4C-15.1(a)(1), the judge stated 'the Division has unquestionably demonstrated ... facing the child or provide a safe and stable home, N.J.S.A. 30:4C-15.1(a)(2), the judge credited the testimony of the Division ... daughter's harm and if it considered alternatives to termination, N.J.S.A. 30:4C-15.1(a)(3), the judge determined that the evidence demonstrated the ... will termination of parental rights do more harm than good, N.J.S.A. 30:4C-15.1(a)(4), the judge agreed with Dyer's testimony that ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	14137

598 New jersey division of youth AND family services v. G.S and N.T. -- rank: 552

... her conclusion that the Division satisfied all four prongs of N.J.S.A. 30:4C-15.1(a), the statute that establishes the standards for termination of ... be reversed because DYFS failed to satisfy the requirements of N.J.S.A. 30:4C-15.1(a) and because his due process rights were violated when ... termination case, as articulated in A.W. and codified in N.J.S.A. 30:4C-15.1(a). The statute authorizes a court to terminate parental rights ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four statutory criteria are "not discrete and separate ... s parental rights. Her opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with K.H.O. , supra , 161 N.J ...

docket:	a1685-09
court:	superior court appellate division
decided:	2010-12-28
status:	unpublished
citation:
Document Size:	32351

599 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.R.M. -- rank: 552

... N.J. 591 , 604-10 (l986), and as codified in N.J.S.A. 30:4C-15.1. The determination was memorialized in a judgment of guardianship, and ... Div. 2001) . Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires DFYS 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 undisputed that DYFS provided both parents ...

docket:	a1034-09
court:	superior court appellate division
decided:	2010-10-01
status:	unpublished
citation:
Document Size:	54637

600 /usr/local/share/www/libweb/collections/courts/appellate/a3884-15a3885-15.opn.html -- rank: 552

... with regard to the first prong of the test under N.J.S.A. 30:4C-15.1(a). Dr. Hiscox testified for the Division, and emphasized his ... issued his decision. With regards to the first prong of N.J.S.A. 30:4C-15.1(a), the judge stated, this Court really does not need ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] These four prongs 'relate to and overlap with one ... and development resulting from the parental relationship.' Id. at 348; N.J.S.A. 30:4C- 15.1(a)(1). Defendants argue the trial court erred in applying ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	54325