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616 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.A. -- rank: 549

... Gibbons Whipple addressed the standards governing termination of parental rights, N.J.S.A. 30:4C-15.1(a)(1) to (4), as well as pertinent case law ... convincing' proof."). Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires the Division to prove: (1) The child's ... which led to the child's placement outside the home. N.J.S.A. 30:4C-15.1(c). Reasonable efforts will vary with the circumstances. F.H ... used as a defense to termination of parental rights under N.J.S.A. 30:4C-15.1(a)(3). [ N.J. Div. of Youth & Family Servs. v ...

docket:	a1941-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-25
status:	unpublished
citation:
Document Size:	56321

617 New Jersey Division of Youth and Family Services v. E.P. -- rank: 549

... factor best-interests-of-the-child test set forth in N.J.S.A. 30:4C-15.1(a). 6 First, the court found that Andrea's health ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Those four factors are not "discrete," but rather "relate ...

docket:	a-112-06
court:
decided:	2008-07-14
status:
citation:	196 N.J. 88
Document Size:	131575

618 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.A. -- rank: 549

... the Division did not satisfy the four criteria required by N.J.S.A. 30:4C-15.1(a) for termination of parental rights. We disagree and affirm ... of parental rights would not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The fourth prong "cannot require a showing that ...

docket:	a0785-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-24
status:	unpublished
citation:
Document Size:	72043

619 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. E.W. -- rank: 549

... requirements of the third prong of the best interests test, N.J.S.A. 30:4C-15.1(a)(3), and claims her constitutional rights were otherwise violated ... v. F.M. , 211 N.J. 420 , 452 (2012) (quoting N.J.S.A. 30:4C-15.1(a)(3)). The statute defines "reasonable efforts" as attempts by ... the Division considered "alternatives to termination of parental rights." See N.J.S.A. 30:4C-15.1(a)(3). Therefore, we limit our consideration to her argument ...

docket:	a5814-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-21
status:	unpublished
citation:
Document Size:	54305

620 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.C IN THE MATTER OF THE GUARDIANSHIP OF C.B -- rank: 549

... satisfy each of the four prongs of the statutory test, N.J.S.A. 30:4C-15.1(a), to prove guardianship was in the best interest of ... of satisfying the four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. Among the shortcomings, the ... evidence on all four prongs of the statutory test of N.J.S.A. 30:4C-15.1(a), and determined termination of defendant's parental rights of ... 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 termination of parental ... convincing' proof."). Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires the Division to prove: (1) The child's ... best interests" test be viewed in light of amendments to N.J.S.A. 30:4C-15.1, which emphasize the shift "from protracted efforts for reunification ...

docket:	a0078-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	33397

621 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.A.S. -- rank: 549

... Protection and Permanency (Division) proved prongs three and four of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, and in admitting the ... conclude that the Division had proven all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Accordingly, we find no ... Judge Forrest's findings on prongs one and two of N.J.S.A. 30:4C-15.1(a). She contends the judge erred in finding the Division proved prongs three and four of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. Our Supreme Court has ... the home.' F.M., 211 N.J. at 452 (quoting N.J.S.A. 30:4C-15.1(a)(3)). The emphasis on the third prong is on ... by clear and convincing evidence. Prong Four Prong four of N.J.S.A. 30:4C-15.1(a) requires the Division to show by clear and ...

docket:	a4771-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-04
status:	Unpublished
citation:
Document Size:	30877

622 NEW JERSEY DIVIISION OF CHILD PROTECTION AND PERMANENCY v. E.G. -- rank: 549

... clear and convincing evidence all four statutory prongs outlined in N.J.S.A. 30:4C-15.1. 5 In his decision, Judge Sabbath found the Division's ... 1 , 10 (1992). To address these concerns, the Legislature enacted N.J.S.A. 30:4C-15.1(a). If the Division proves each of the four prongs in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, a parent's rights ...

docket:	a3236-13
court:	superior court trial
decided:	2015-02-09
status:	unpublished
citation:
Document Size:	27724

623 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.A. -- rank: 549

... the Division did not satisfy the four criteria required by N.J.S.A. 30:4C-15.1(a) for termination of parental rights. We disagree and affirm ... of parental rights would not do more harm than good. N.J.S.A. 30:4C-15.1(a)(4). The fourth prong "cannot require a showing that ...

docket:	a0786-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-24
status:	unpublished
citation:
Document Size:	72043

624 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.P. -- rank: 547

... failed to establish the first, second, and fourth prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. We disagree, and affirm ... trial court found the Division met all four prongs of N.J.S.A. 30:4C-15.1(a). On appeal, M.P. raises the following issues: POINT ... 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 ... ample evidence to satisfy the first and second prongs of N.J.S.A. 30:4C-15.1(a). M.P. argues the Division failed to meet the ... M.P. does not contest that the third prong of N.J.S.A. 30:4C-15.1(a) was met. The fourth prong focuses on whether "[t ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a). "The question to be addressed . . . is whether . . . the ...

docket:	a0236-13
court:	NJ Superior Court Appellate Division
decided:	2014-04-11
status:	unpublished
citation:
Document Size:	20572

625 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.T. -- rank: 547

... Division had proven each of the four statutory requirements of N.J.S.A. 30:4C-15.1(a) for the termination of parental rights by clear and ... there was insufficient evidence to satisfy the statutory requirements of N.J.S.A. 30:4C-15.1. We conclude from our examination of the record and 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 & Family Servs. v. F ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These requirements are neither discrete nor separate. They "overlap ...

docket:	a5242-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-28
status:	unpublished
citation:
Document Size:	32186

626 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.T.H and C.H. and F.L.J. -- rank: 547

... oral opinion. The court found DCPP proved each element of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence and established termination of ... erred in its analysis of whether the statutory elements of N.J.S.A. 30:4C-15.1(a) had been proven; and (4) applied an incorrect legal ... 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. In re ... that identifies a child's best interests.' Id. at 348. N.J.S.A. 30:4C-15.1(a) requires DCPP to prove: A-0735-18T2 13 (1 ...

docket:	a0735-18
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	Unpublished
citation:
Document Size:	27787

627 /usr/local/share/www/libweb/collections/courts/appellate/a3044-09a3046-09a3178-09.opn.html -- rank: 547

... POINT I DYFS FAILED TO ESTABISH THE FOURTH ELEMENT OF N.J.S.A. 30:4C-15.1. POINT II DYFS FAILED TO ESTABLISH THE FIRST THREE ELEMENTS OF N.J.S.A. 30:4C-15.1 a. DYFS FAILED TO PROVE HARM TO THE CHILDREN BY ... 103 N.J. 591 , 604-11 (1986), now codified in N.J.S.A. 30:4C-15.1. The statute provides in pertinent part: a. The division shall ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four statutory criteria "are not discrete and separate ... take the necessary action to overcome or remove the harm. N.J.S.A. 30:4C-15.1(a)(2). As such, the court was not required to ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	63376

628 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.T. -- rank: 547

... Division had proven each of the four statutory requirements of N.J.S.A. 30:4C-15.1(a) for the termination of parental rights by clear and ... there was insufficient evidence to satisfy the statutory requirements of N.J.S.A. 30:4C-15.1. We conclude from our examination of the record and 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 & Family Servs. v. F ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These requirements are neither discrete nor separate. They "overlap ...

docket:	a5244-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-28
status:	unpublished
citation:
Document Size:	32186

629 A-3046-09T3 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.K.W. and J.C.A. -- rank: 547

... POINT I DYFS FAILED TO ESTABISH THE FOURTH ELEMENT OF N.J.S.A. 30:4C-15.1. POINT II DYFS FAILED TO ESTABLISH THE FIRST THREE ELEMENTS OF N.J.S.A. 30:4C-15.1 a. DYFS FAILED TO PROVE HARM TO THE CHILDREN BY ... 103 N.J. 591, 604-11 (1986), now codified in N.J.S.A. 30:4C-15.1. The statute provides in pertinent part: a. The division shall ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The four statutory criteria "are not discrete and separate ... take the necessary action to overcome or remove the harm. N.J.S.A. 30:4C-15.1(a)(2). As such, the court was not required to ...

docket:	a3046-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-23
status:	unpublished
citation:
Document Size:	64533

630 OF YOUTH AND FAMILY SERVICES v. T.W IN THE MATTER OF P.W., a minor -- rank: 547

... is subject to different burdens and standards of proof. See N.J.S.A. 30:4C-15.1(a) (stating the four-pronged test to terminate parental rights ...

docket:	a1536-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-14
status:	unpublished
citation:
Document Size:	46699