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76 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.D and E.C., III, and D.M. -- rank: 694

... of prong three of the statutory best interests test under N.J.S.A. 30:4C-15.1(a), alternatives to termination of parental rights. Danielle contends the ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read '[s]uch harm may include evidence ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- - 15.1(a) requires the Division prove by clear and convincing evidence ... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C-15.1(a). Based on those findings, the court determined the Division ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O., 161 N.J. at ... best interests test for parental termination cases as codified under N.J.S.A. 30:4C-15.1(a)(1) to (4). A-0043-22 23 Substantial ...

docket:	a0043-22
court:	NJ Superior Court Appellate Division
decided:	2023-06-20
status:	Unpublished
citation:
Document Size:	55475

77 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.G and B.T -- rank: 694

... prong of the statutory best-interests-of-the-child test, N.J.S.A. 30:4C-15.1(a), by clear and 1 We refer to the parties ... its burden of proof as to all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The judge entered the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a); see also F.M., 211 N.J. at 447 ... 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 ... 417 N.J. Super. 228, 244 (App. Div. 2010) (quoting N.J.S.A. 30:4C-15.1(a)(2)). The trial court found credible Dr. Figurelli's ... 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:	a1026-21
court:	NJ Superior Court Appellate Division
decided:	2022-10-26
status:	Unpublished
citation:
Document Size:	53604

78 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

79 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.S and G.T. -- rank: 692

... under prong four, and a part of prong three [of N.J.S.A. 30:4C-15.1(a)] pertaining to termination of parental rights. A-0851-21 ... then proceeded to analyze the four best interests prongs under N.J.S.A. 30:4C-15.1(a). He concluded the Division met the first prong because ... INTERPRETATION BY INJECTING THE STATEMENTS INTO THE PLAIN LANGUAGE OF N.J.S.A. 30:4C-15.1[(a)(1).] A-0851-21 16 A. The Trial Court ... REMANDED FOR FINDINGS THAT THE DIVISION SATISFIED ITS BURDEN UNDER N.J.S.A. 30:4C-15.1[(a)] AND ISSUANCE OF A JUDGMENT OF GUARDIANSHIP. A. The ... SATISFIED THE FOUR PRONGS OF THE BEST[] INTERESTS STANDARD UNDER N.J.S.A. 30:4C- 15.1[(a)] BY CLEAR AND CONVINCING EVIDENCE. A. The Division Appropriately ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] The Division must prove the four prongs by ' ...

docket:	a0851-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-14
status:	Unpublished
citation:
Document Size:	56914

80 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.A.R and Y.R. and J.J.E -- rank: 692

... the Division satisfied each prong of the best interests test, N.J.S.A. 30:4C-15.1, by clear and convincing evidence. The judge's oral opinion ... met its burden under prongs two, three, and four of N.J.S.A. 30:4C-15.1(a). She argues the judge relied on unsupported allegations to ... v. J.R., 442 U.S. 584, 603 (1979)). Under N.J.S.A. 30:4C-15.1(a), the Division must satisfy the following prongs before a ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read, '[s]uch harm may include evidence ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O., 161 N.J. at ... placement will add to the harm.' A-3263-21 22 N.J.S.A. 30:4C-15.1(a)(2). See also N.J. Div. of Youth & ...

docket:	a3263-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Unpublished
citation:
Document Size:	53020

81 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.G and J.G. -- rank: 692

... the parental rights of J.G. and A.G. under N.J.S.A. 30:4C-15.1(a). The judge concluded that, with respect to J.G ... terroristic threats as it relates to [Jesse]. With respect to N.J.S.A. 30:4C-15.1(a)(1), the judge determined tha the Division has shown ... 2019. The judge also found that A-2698-18T3 14 [N.J.S.A. 30:4C-15.1(a)(2)] has been satisfied, as the Division has established ... for the foreseeable future. The judge also determined that, regarding N.J.S.A. 30:4C-15.1(a)(3), the Division has shown by clear and convincing ... the third prong by clear and convincing evidence. Finally, regarding N.J.S.A. 30:4C-15.1(a)(4), the judge explained that the Division relied on ... concluded 'that the Division has established all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing [evidence] as to A- ...

docket:	a2698-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-26
status:	Unpublished
citation:
Document Size:	45694

82 DIVSION OF YOUTH AND FAMILY SERVICES v. S.L.U and M.W IN THE MATTER OF THE GUARDIANSHIP OF A.R.U Minor -- rank: 692

... each prong of the best interests of the child standard, N.J.S.A. 30:4C-15.1(a). We disagree and affirm. I. On appeal, the record ... met its burden of proof in establishing each prong of N.J.S.A. 30:4C-15.1, and the Family Part's decision to dismiss the guardianship ... 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 ...

docket:	a4027-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-03
status:	unpublished
citation:
Document Size:	55813

83 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.A. -- rank: 687

... convincing evidence all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a), and that termination of defendant's parental rights was ... the best-interests-of-the-child standard, set forth in N.J.S.A. 30:4C-15.1(a)." F.M. , supra , 211 N.J. at 448. Those ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] The above requirements should not be considered separately, but ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). The second prong compels an assessment of "parental ... the judge erred in not considering kinship legal guardianship (KLG). N.J.S.A. 30:4C-15.1. Whether the Division provided reasonable efforts is not measured by ...

docket:	a3931-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-11
status:	unpublished
citation:
Document Size:	63009

84 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.D.W. -- rank: 687

... by clear and convincing evidence,' under A-2267-18T2 6 N.J.S.A. 30:4C-15.1, and entered an order terminating T.D.W.'s parental ... grant the 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 ... by clear and A-2267-18T2 8 convincing evidence under N.J.S.A. 30:4C-15.1(a) that it was in A.C.W.'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 'threatens ... 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 (citing K ... first prong of the best interests of the child standard, N.J.S.A. 30:4C-15.1(a)(1), that T.D.W. caused harm to ...

docket:	a2267-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-11
status:	Unpublished
citation:
Document Size:	30980

85 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.J.H., SR -- rank: 687

... to prove each of the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence. The Division and Gabi ... the best-interests-of-the-child test, set forth in N.J.S.A . 30:4C-15.1(a)." Id. at 447-48 (internal citation omitted). Those four ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] These four "prongs" require a fact-sensitive analysis, and ... would be endangered by placement with Jerome as contemplated by N.J.S.A. 30:4C-15.1(a)(1). B. Jerome also argues that the Division failed ... potential harm facing Gabi, in satisfaction of the second prong. N.J.S.A. 30:4C-15.1(a)(2). He says that he took steps to demonstrate ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2)). Also, proof "that the child will suffer ...

docket:	a0189-13
court:	NJ Superior Court Appellate Division
decided:	2014-04-15
status:	unpublished
citation:
Document Size:	75539

86 A-02314-15T1 OF CHILD PROTECTION AND PERMANENCY v. P.S IN THE MATTER OF THE GUARDIANSHIP OF T.W., a Minor NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.L., Sr IN THE MATTER OF THE GUARDIANSHIP OF I.L. and J.L., Jr., Minors -- rank: 687

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] Our scope of review on appeals from orders terminating ... Division satisfied all four prongs of the best interests test, N.J.S.A. 30:4C-15.1(a). Judge Appleby found that J.L.'s "continued incarcerations ... clear and convincing evidence the four statutory prongs contained in N.J.S.A. 30:4C-15.1(a). According to J.L., the court failed to analyze ... the trial, made detailed findings as to each prong of N.J.S.A. 30:4C-15.1(a), and concluded the Division had met by clear and ... guardianship. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with applicable case law, including In re Guardianship ...

docket:	a2314-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	58442

87 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.I.O.1 and E.K.W -- rank: 685

... burden under the four-prong best interests test, codified at N.J.S.A. 30:4C- 15.1(a), by clear and convincing evidence. The Division and Law ... The judge determined the Division proved all four prongs of N.J.S.A. 30:4C-15.1(a) by clear and convincing evidence, terminated the parental rights ... of guardianship. Her oral opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1(a), accords with 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 relevant inquiry focuses on A-3835 ... the delay of permanent placement will add to the harm.' N.J.S.A. 30 4C-15.1(a)(2). Harm may include evidence that separating the children ... 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 ...

docket:	a3835-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-09
status:	Unpublished
citation:
Document Size:	46876

88 /usr/local/share/www/libweb/collections/courts/appellate/a4918-15a4923-15.opn.html -- rank: 685

... any of the four prongs required to terminate parental rights. N.J.S.A. 30:4C-15.1(a). Although the trial judge may have erred in his ... it failed to establish each of the four prongs of N.J.S.A. 30:4C-15.1 by clear and convincing evidence. The United States Supreme Court ... 1992). 'The best-interests-of-the-child standard codified at N.J.S.A. 30:4C-15.1(a) 'aims to achieve the appropriate balance between parental rights ... of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] This four-pronged test is fact-sensitive, and evidence ... 103 N.J. 591, 607 (1986). The first two prongs, N.J.S.A. 30:4C-15.1(a)(1) and (2), are 'the two components of the ... six years, to [T.D.] and [R.C.].' Pursuant to N.J.S.A. 30:4C-15.1(a)(3), the court must determine whether the Division ...

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court:	NJ Superior Court Law/Chancery Division
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89 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.B and P.P. -- rank: 685

... evidence prong one of the statutory best interests test under N.J.S.A. 30:4C-15.1(a). Joy does not challenge her failure to mitigate harm ... enacted L. 2021, c. 154, deleting the last sentence of N.J.S.A. 30:4C-15.1(a)(2), which read '[s]uch harm may include evidence ... rights must be terminated in a child's best interests. N.J.S.A. 30:4C- -15.1(a) requires the Division prove by clear and convincing evidence ... the best-interests-of-the-child standard set forth in N.J.S.A. 30:4C-15.1(a). Based on those findings, the court determined the Division ... or will continue to be endangered by the parental relationship.' N.J.S.A. 30:4C-15.1(a)(1); see K.H.O., 161 N.J. at ... otherwise make any findings inconsistent with the 2021 amendment to N.J.S.A. 30:4C-15.1(a)(2), which eliminated from the analysis under the ...

docket:	a2004-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-24
status:	Unpublished
citation:
Document Size:	51567

90 /usr/local/share/www/libweb/collections/courts/appellate/a4386-18.opn.html -- rank: 683

... referred the parents for numerous services, but eventually, pursuant to N.J.S.A. 30:4C-15.1, it filed a complaint seeking to terminate their parental rights ... court determined that the Division had satisfied the elements of N.J.S.A. 30:4C- 15.1(a)(1) to (4) by clear and convincing evidence, and ... his parental rights, and that the Division failed to satisfy N.J.S.A. 30:4C-15.1(a)(4). Having reviewed the record, and in light of ... by the level of clear and convincing evidence required by N.J.S.A. 30:4C- 15.1(a). In particular, the judge found the expert opinions of ... not contest the trial judge's rulings with respect to N.J.S.A. 30:4C-15.1(a)(1) or (2). I.A. argues on appeal that ... his parental rights, and that the Division failed to satisfy N.J.S.A. 30:4C-15.1(a)(4), as the termination of his parental rights ...

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