Search Rutgers Law Library N.J. Court Opinions

631 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:	a3178-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-23
status:	unpublished
citation:
Document Size:	64549

632 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:	a3044-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-23
status:	unpublished
citation:
Document Size:	64549

633 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.H. -- rank: 547

... all four prongs of the best interest test codified at N.J.S.A. 30:4C-15.1(a)(1)-(4), thereby warranting termination of defendant's parental ... VII DYFS FAILED TO PROVE ALL OF THE ELEMENTS OF N.J.S.A. 30:4C-15.1. a. DYFS Failed To Prove Harm To [Brian]. b. K ... been made. [ Id. at 279 (internal quotations and citations omitted).] N.J.S.A. 30:4C-15.1(a) sets forth the four elements DYFS must establish by ... of parent rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These statutory standards provide "an integrated multi-element test ...

docket:	a0473-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-10
status:	unpublished
citation:
Document Size:	42524

634 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.L.S.W. -- rank: 547

... had proven all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), and concluded that termination of defendant's parental rights ... 103 N.J. 591 , 604-11 (1986), and codified as N.J.S.A. 30:4C-15.1(a): a. The division shall initiate a petition to terminate ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] In their application, the four factors above "'are not ... Court Erred In Finding That All Four Prongs Of The N.J.S.A. 30:4C-15.1(a) Test For The Termination Of [S.L.S.W ...

docket:	a5442-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	28657

635 DIVISION OF YOUTH AND FAMILY SERVICES v. S.L.C. -- rank: 547

... 103 N.J. 591 , 604-10 (1986), and codified in N.J.S.A. 30:4C-15.1(a). The determination was memorialized in a judgment of guardianship ... Div. 2001) . Specifically, the four-prong test set forth in N.J.S.A. 30:4C-15.1(a) requires DYFS to prove: (1) The child's safety ... 161 N.J. at 354. "Reasonable efforts" are defined in N.J.S.A. 30:4C-15.1(c) as including: (1) consulting and cooperating with the parent ... not as strong, that evidence will satisfy the requirement of N.J.S.A. 30:4C-15.1(a)(4)." Id. at 363. There is ample basis in ...

docket:	a1964-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-14
status:	unpublished
citation:
Document Size:	64672

636 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.A and C.W -- rank: 547

... prongs of the best interests of the child standard. See N.J.S.A. 30:4C-15.1(a). We have reviewed the record, agree with the Division ... each element of the best interests standard set forth in N.J.S.A. 30:4C-15.1(a), and concluded the Division sustained its burden by presenting ... RIGHTS IS IN THE BEST INTERESTS OF THE CHILDREN UNDER N.J.S.A. 30:4C- 15.1[(a)]. I. THE COURT . . . ERRED IN CONCLUDING THAT ANDREA 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).] 'The four criteria enumerated in the best interests standard ... J. at 348. '[T]he cornerstone of the inquiry [under N.J.S.A. 30:4C-15.1(a)] is not whether the biological parents are fit ...

docket:	a1299-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-03
status:	Unpublished
citation:
Document Size:	24141

637 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. X.Z.Z. -- rank: 547

... II DYFS FAILED TO PROVE ALL OF THE ELEMENTS OF N.J.S.A. 30:4C-15.1 a. DYFS Failed To Prove Harm To The Children. 1 ... 20." Id. at 60 (citations omitted). "Termination actions brought under N.J.S.A. 30:4C-15.1(a) are decided under a four-prong 'best interests of ... N.J. 591 , 604-11 (1986), and now codified in N.J.S.A. 30:4C-15.1(a)." Id. at 61. To terminate parental rights under that ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).]  The "four [prongs] enumerated in the best interests standard ...

docket:	a4561-09
court:	appellate
decided:	2011-02-17
status:	unpublished
citation:
Document Size:	48668

638 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.R.P. -- rank: 547

... evidence the four criteria for termination of parental rights in N.J.S.A. 30:4C-15.1(a). The court filed a judgment, which terminated L.R ... the petition if the Division establishes the criteria codified in N.J.S.A. 30:4C-15.1(a) with clear and convincing evidence. N.J. Div. of ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1). On appeal, L.R.P. argues that the ... be endangered by' his relationship with L.R.P. See N.J.S.A. 30:4C-15.1(a)(1). The judge properly considered the fact that L ... the delay of permanent placement will add to the harm.' N.J.S.A. 30:4C-15.1(a)(2). In addressing this prong, the court must focus ... which led to the child's placement outside the home.' N.J.S.A. 30:4C- 15.1(a)(3). The reasonableness of the Division's efforts ...

docket:	a5526-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-07
status:	Unpublished
citation:
Document Size:	27488

639 DIVISION OF YOUTH AND FAMILY SERVICES v. D.P. -- rank: 545

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "The statute requires that the State demonstrate harm to ... progress, development and health; and (4) facilitating appropriate visita-tion. [ N.J.S.A. 30:4C-15.1(c).] This prong of the "best interests" standard "contemplates efforts ... the Division "made reasonable efforts to provide services" to defendant. N.J.S.A. 30:4C-15.1(a)(3). Because defendant's substance abuse problem was the ... that was tantamount to "explicit bias." The fourth prong of N.J.S.A. 30:4C-15.1(a) does not "require a showing that no harm will ...

docket:	a5658-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-11
status:	unpublished
citation:
Document Size:	75363

640 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.J and P.J., and S.H. a/k/a S.H.R -- rank: 545

... Division) met its burden in proving the four prongs of N.J.S.A. 30:4C-15.1 by clear and convincing evidence. We affirm. I. Defendant is ... n met its burden to terminate her parental rights under N.J.S.A. 30:4C-15.1; and the court abused its discretion in denying her adjournment ... apply the 'best interests of the child' test codified in N.J.S.A. 30:4C-15.1(a). This test authorizes the Division to petition for the ...

docket:	a0748-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-12
status:	Unpublished
citation:
Document Size:	44568

641 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 parties in the case and its use in other cases is limited. R.1:36-3 OF CHILD PROTECTION AND PE -- rank: 545

... 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. "The second ...

docket:	a1687-16
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	34085

642 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.E.P., III -- rank: 545

... 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 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 brought New Jersey in conformity with the Federal Adoption ... specifically established the discrete yet overlapping prongs set forth in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence is solidly grounded on ...

docket:	a0701-13
court:	NJ Superior Court Appellate Division
decided:	2014-06-05
status:	unpublished
citation:
Document Size:	28350

643 In the Matter of the Guardianship of K.H.O., a Minor -- rank: 545

... in the disposition of this appeal. Footnote: 3 Rough Equation      N.J.S.A. 30:4C-15.1 was amended in 1999. L. 1999, c. §3, §30. The ... L. 1999, c. 53, § 30 (eff. Mar. 31, 1999) amended N.J.S.A. 30:4C-15.1 placing an emphasis on permanent placement. This archive is a ...

docket:	a-224-97
court:	njsupreme
decided:	1999-08-03
status:
citation:	161 N.J. 337
Document Size:	48942

644 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.C. -- rank: 545

... establishing the four prongs of the best interests test in N.J.S.A. 30:4C-15.1(a) for termination of C.C.'s and L.M ... has the burden of proving each of the criteria in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. N.J. Div. of ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a)]. The statutory criteria "are not discrete and separate; they ... of-parental-rights case is the "best interests" test in N.J.S.A. 30:4C-15.1(a). N.J. Div. of Youth & Fam. Servs. v. A ... establishing all four prongs of the best interests test in N.J.S.A. 30:4C-15.1(a) as to C.C. Therefore, we affirm the order ... established all four prongs of the best interests test in N.J.S.A. 30:4C-15.1(a) as to L.M. Therefore, we affirm the ...

docket:	a0474-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-23
status:	unpublished
citation:
Document Size:	34739

645 /usr/local/share/www/libweb/collections/courts/appellate/a3263-20.opn.html -- rank: 545

... of Child Protection and Permanency proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence and terminated defendant father ... N.J. at 347. The best interest standard, codified in N.J.S.A. 30:4C-15.1(a), requires the Division establish each of the following elements ... The key question with respect to the first prong of N.J.S.A. 30:4C-15.1(a), is not whether the parents 'are themselves unfit or ... R., 405 N.J. Super. 418, 437 (App. Div. 2009). N.J.S.A. 30:4C-15.1(a)(3) requires the Division to make reasonable efforts to ... his prior incarceration was an impediment to obtaining housing. 3 N.J.S.A. 30:4C-15.1(a)(4) assesses whether termination of parental rights will do ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	25947