Swish-e home page Search Rutgers Law Library N.J. Court Opinions


Limit search to:
Sort by:
Limit to:
    through    
 Results for ("N.J.S.A. 30:4c-15.1")   61 to 75 of 1744 results. Run time: 0.880 seconds | Search time: 0.873 seconds    
 Page:1 2 3 4 5 6 7 8 9 10 117 Previous 15 Next 15
61 DIVISION OF CHILD PROTECTION AND PERMANENCY v. F.C. -- rank: 703
... and Permanency (Division) failed to prove all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Having considered the parties ... to prong one of the best interests test codified in N.J.S.A. 30:4C-15.1(a), the trial judge stated: Despite the Division's best ... grant a petition when the four prongs set forth in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence. As codified, N.J.S.A. 30:4C-15.1(a) requires the Division prove: (1) The child's safety ... determination the Division established by clear and convincing evidence under N.J.S.A. 30:4C-15.1(a), that it was in Walter and Fiona's best ... or will continue to be endangered by the parental relationship[.]" N.J.S.A. 30:4C-15.1(a)(1). "[T]he Division must prove harm that ' ...
docket: a0751-16
court: NJ Superior Court Appellate Division
decided: 2017-10-20
status: unpublished
citation:
Document Size: 56177
62 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.D and T.B., a/k/a B.D -- rank: 703
... under the four-prong best interests of the child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence, we affirm. I. On ... four prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a); accords with our prior holdings in In re Guardianship ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). '[T]he relevant inquiry focuses on the cumulative ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The harm may include evidence that separating the ... the Legislature enacted L. 2021 c. 154, § 9 amending N.J.S.A. 30:4C-15.1(a) pertaining to the standards for terminating parental rights. Specifically, the Legislature amended N.J.S.A. 30:4C-15.1(a)(2), to exclude from consideration in a termination ...
docket: a2912-20
court: NJ Superior Court Appellate Division
decided: 2022-03-08
status: Unpublished
citation:
Document Size: 30609
63 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.A and E.M -- rank: 703
... to prove the four prongs of the best interests standard , N.J.S.A. 30:4C-15.1(a)(1) to (4), by clear and convincing evidence, and ... only be granted if the following four prongs enumerated in N.J.S.A. 30:4C-15.1(a) are established by clear and convincing evidence: (1) The ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)(1)-(4).] 'The four criteria enumerated in the best ... 506-07 (2004)). '[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 ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). The first prong focuses on the negative effect ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). The court must determine whether the parent ...
docket: a5268-17
court: NJ Superior Court Appellate Division
decided: 2020-02-06
status: Unpublished
citation:
Document Size: 67939
64 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.L.M. -- rank: 703
... four-prong best interests test A-5639-17T4 2 under N.J.S.A. 30:4C-15.1(a).1 Defendant R.L.M. (Rita), the daughters' mother ... all four prongs of the statutory best interests test under N.J.S.A. 30:4C-15.1(a) to terminate Kevin's parental rights to Ann, and ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). The Division has the responsibility to 'protect children ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). That harm may include evidence that separating the ... the court [will] consider[] alternatives to termination of parental rights[.]' N.J.S.A. 30:4C-15.1(a)(3). This prong 'contemplates efforts that focus on reunification ... which led to the child's placement outside the home.' N.J.S.A. 30:4C-15.1(a)(3). 'Reasonable efforts' include, but are not limited ...
docket: a5639-17
court: NJ Superior Court Appellate Division
decided: 2020-02-21
status: Unpublished
citation:
Document Size: 45184
65 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.J.F. -- rank: 703
... all four prongs of the best interests test contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. This appeal followed. 5 ... 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 care. N.J.S.A. 30:4C-15.1(a)(3); K.H.O. , supra , 161 N.J. ...
docket: a5332-11
court: NJ Superior Court Appellate Division
decided: 2013-05-01
status: unpublished
citation:
Document Size: 69057
66 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.B. -- rank: 701
... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also A.W., 103 N.J. at 604 ... a possible resource placement. Inasmuch as the fourth prong of N.J.S.A. 30:4C-15.1(a) requires balancing the potential future harm from retaining parental ... 418, 434 (App. Div. 2002) (first alteration in original) (quoting N.J.S.A. 30:4C-15.1(a)(2)). The second prong may be met by showing ... finding that the Division provided reasonable services as defined in N.J.S.A. 30:4C-15.1(c). Turning to the second part of the third prong ... litigation risk that a Family Part judge will conclude, under N.J.S.A. 30:4C-15.1(a)(3), that it has failed to prove by clear ... to termination of parental rights were considered' as required by N.J.S.A. 30:4C-15.1(a)(3). The Division conducted an emergency removal of ...
docket: a0498-17
court: NJ Superior Court Appellate Division
decided: 2019-05-15
status: Unpublished
citation:
Document Size: 53345
67 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.I.B and E.W -- rank: 701
... of the best-interests-of-the-child standard embodied in N.J.S.A. 30:4C-15.1(a). Unconvinced, we affirm. I. Alan was born in May ... evidence the four prongs of the 'best interests' standard under N.J.S.A. 30:4C-15.1(a). The Division must prove: (1) The child's safety ... 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 & Fam. Servs ... and 'provide a safe and stable home for the child,' N.J.S.A. 30:4C- 15.1(a)(2), the second prong may still be satisfied 'not ... to provide Alan with a safe and stable home. See N.J.S.A. 30:4C-15.1(a)(2). A-5016-18 28 In sum, the court ... the first and second prongs of the best-interests standard. N.J.S.A. 30:4C-15.1(a)(1) to (2); see also K.H.O., ...
docket: a5016-18
court: NJ Superior Court Appellate Division
decided: 2021-03-01
status: Unpublished
citation:
Document Size: 74871
68 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.K.F and G.M.V and R.B -- rank: 699
... the best- interests standard for termination of parental rights under N.J.S.A. 30:4C- 15.1(a). The Division and the Law Guardian for Jason, Jacob ... prongs of the best-interests-of-the-child statutory standard, N.J.S.A. 30:4C-15.1(a)(1) to (4); see also N.J. Div. of ... prong of the best-interests-of-the-child statutory standard, N.J.S.A. 30:4C-15.1(a)(4). 9 Meg's motion to supplement the record ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also E.P., 196 N.J. at 103 ... arising out of the parental relationship [that is] cognizable under N.J.S.A. 30:4C-15.1(a)(1) and (2).' Id. at 380-81. Moreover, 'prolonged ... pose a risk of harm to, their respective children under N.J.S.A. 30:4C-15.1(a)(1). The harm, and continued risk of harm, ...
docket: a2802-19
court: NJ Superior Court Appellate Division
decided: 2021-08-06
status: Unpublished
citation:
Document Size: 103915
69 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.S.R and T.D -- rank: 699
... second part of the third and the fourth prong under N.J.S.A. 30:4C-15.1. The Division of Child Protection and Permanency ('Division') and the ... best interest.' Casey further relies on the 2021 amendments to N.J.S.A. 30:4C-15.1(a) for the proposition that '[k]inship care is the ... and (4) [TPR] will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] Importantly, these fact-sensitive factors 'overlap with one another ... prongs contested by Casey. A. 'The first two prongs [of] N.J.S.A. 30:4C-15.1(a) . . . are 'the two components of the harm requirement' and ... which led to the child's placement outside the home . . . .' N.J.S.A. 30:4C-15.1(a)(3). That provision of the statute 'contemplates efforts that ... That provision requires the court to 'consider[] alternatives to [TPR.]' N.J.S.A. 30:4C-15.1(a)(3). Those alternatives may include placement of the ...
docket: a2300-22
court: NJ Superior Court Appellate Division
decided: 2024-01-25
status: Unpublished
citation:
Document Size: 54629
70 /usr/local/share/www/libweb/collections/courts/appellate/a4736-15.opn.html -- rank: 699
... prongs of the statutory best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a)(1)-(4). In addition, Harry contended the judge mistakenly ... 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 ... or will continue to be endangered by the parental relationship[.]' N.J.S.A. 30:4C-15.1(a)(1). '[T]he Division must prove harm that 'threatens ... discussion. R. 2:11-3(e)(1)(E). C. Under N.J.S.A. 30:4C-15.1(a)(2), 'the inquiry centers on whether the parent is ... short, the prong two evidence was clear and convincing. D. N.J.S.A. 30:4C-15.1(a)(3) requires the Division to make 'reasonable efforts to ... of parental rights will not do more harm than good.' N.J.S.A. 30:4C-15.1(a)(4). It 'serves as a fail-safe against ...
docket:
court:
decided:
status:
citation:
Document Size: 56859
71 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S.W. -- rank: 696
... establishing the four prongs of the best interests test in N.J.S.A. 30:4C-15.1(a). R.F. wishes to adopt K.A.S. and ... N.J. 591 , 604-11 (1986), 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)(1)-(4).] The four criteria are not discreet and ... child and a parent's failure to mitigate that harm. N.J.S.A. 30:4C-15.1(a)(1) and (2). The focus of the first prong ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). As to the first prong, the court found ... skills necessary to care for them. As to prong three, N.J.S.A. 30:4C-15.1(a)(3) requires, in pertinent part, the Division to ...
docket: a2447-15
court: NJ Superior Court Appellate Division
decided: 2017-01-30
status: unpublished
citation:
Document Size: 39182
72 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. Y.B. -- rank: 696
... prove by clear and convincing evidence the four prongs of N.J.S.A. 30:4C-15.1(a), and that the trial judge erred when he denied ... her testimony "significant weight." With respect to prong one of N.J.S.A. 30:4C-15.1(a), the court cited defendant's failure to obtain housing ... 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. ...
docket: a0973-11
court: NJ Superior Court Appellate Division
decided: 2013-01-30
status: unpublished
citation:
Document Size: 68341
73 DCPP VS. M.N., J.L.K. AND W.L., IN THE MATTER OF W.N.-L. AND I.N.-K., ET AL. -- rank: 696
... prongs three and four of the best interests standard of N.J.S.A. 30:4C-15.1(a) by clear and convincing proof in the guardianship action ...
docket: a2413-21a1371-22
court: appellate
decided: 2024-04-11
status: Unpublished
citation:
Document Size: 151523
74 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.V. (deceased and M.G -- rank: 694
... four of the statutory best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence, because the Division failed ... its burden of proof as to all four prongs of N.J.S.A. 30:4C-15.1 by clear and convincing evidence. The court entered a judgment ... not do more harm than good. A-1233-21 13 [N.J.S.A. 30:4C-15.1(a).] These fact-sensitive factors 'overlap with one another to ... J. 337, 348 (1999)). A. 'The first two prongs[ of] N.J.S.A. 30:4C-15.1(a) . . . are 'the two components of the harm requirement' and ... 13 See discussion below regarding the Legislature's amendments to N.J.S.A. 30:4C-15.1(a)(2) on July 2, 2021. A-1233-21 18 ... which led to the child's placement outside the home[.]' N.J.S.A. 30:4C-15.1(a)(3). That provision of the statute 'contemplates efforts ...
docket: a1233-21
court: NJ Superior Court Appellate Division
decided: 2022-12-20
status: Unpublished
citation:
Document Size: 52075
75 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.R.-R. and G.R.-S -- rank: 694
... issue, explaining, 'the Division can prove the first prong [under N.J.S.A. 30:4C-15.1] without proving Title [Nine] abuse and neglect . . . . Title [Nine] neglect ... conforming judgment, finding the Division proved all four prongs under N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The judge also terminated ... CHILDREN UNDER N.J.S.A. 30:4C-15 AND N.J.S.A. 30:4C-15.1. A. The Trial Court Erred in Finding that the Division ... Of Medical Neglect To Satisfy Prongs One And Two [of N.J.S.A. 30:4C-15.1(a)]. B. The Substantial Culture And Language Barriers, Exacerbated By ... be terminated in the child's best interests. Therefore, per N.J.S.A. 30:4C-15.1(a), the Division must satisfy the following four prongs by ... and the placement of children with relatives or kinship guardians. N.J.S.A. 30:4C-15.1(a)(2) was amended to exclude from consideration the ...
docket: a1127-20
court: NJ Superior Court Appellate Division
decided: 2022-08-12
status: Unpublished
citation:
Document Size: 145034
 Page:1 2 3 4 5 6 7 8 9 10 117 Previous 15 Next 15
Powered by Swish-e swish-e.org

Valid HTML 4.01!