Search Rutgers Law Library N.J. Court Opinions

1 Division of Child Protection and Permanency v. D.C.A. -- rank: 1000

... fourth prong of the best interests of the child test, N.J.S.A. 30:4C-15.1(a)(4), despite a 2021 Amendment that precluded consideration of those relationships under the test’s second prong, N.J.S.A. 30:4C-15.1(a)(2). Defendants “Divina” and “Javier” are the ... arguing that in the wake of the 2021 Amendment to N.J.S.A. 30:4C-15.1(a), such evidence was no longer relevant. 1 The trial ... proven by clear and convincing evidence all four prongs of N.J.S.A. 30:4C-15.1(a) and terminated the parental rights of Divina and Javier ... rejecting Divina’s argument that the Legislature’s amendment of N.J.S.A. 30:4C-15.1(a)(2) barred trial courts from considering evidence of the ... the resource family when they address the fourth prong of N.J.S.A. 30:4C-15.1(a). The trial court properly considered the relationships between ...

docket:	a-44-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-16
status:
citation:
Document Size:	75850

2 New Jersey Division of Youth and Family Services v. C.M. -- rank: 898

... four-prong test for terminating parental rights is found at N.J.S.A. 30:4C:15-1(a), which states that DYFS shall initiate a termination petition ... trial court referenced the four-prong test codifi ed in N.J.S.A. 30:4C-15.1 (a) . In respect of the first prong, the trial court ... unwilling or unable to eliminate the harm facing the child , N.J.S.A. 30:4C-15.1(a)(2) -- the trial court again repeated its refrain: that ... regard to . . . [defendant]." Turning to the third prong listed in N.J.S.A. 30:4C-15.1 (a)(3) , the trial court ruled as follows: [DYFS] also ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1(a)(4). Accepting Dr. Perdomo's opinion that "the child ... s findings in respect of each of the prongs of N.J.S.A. 30:4C-15.1(a) and, in an unpublished decision, the Appellate Division ...

docket:	a-74-08
court:	supreme
decided:	2010-06-01
status:
citation:	202 N.J. 145 996 A.2d 986
Document Size:	317165

3 Division of Youth & Family Services v. R.D. -- rank: 848

... elements of the “best interests of the child” test, N.J.S.A. 30:4C-15.1, by clear and convincing evidence, ordered that defendant’s parental ... abused his children, not the “best interests” standard of N.J.S.A. 30:4C-15.1, and it made no accommodations to address the time differences ... will continue to be endangered by the parental relationship[.]” N.J.S.A. 30:4C-15.1(a)(1). Therefore, DYFS argued, the Title Nine finding should ... the best interests of the child standard set out in N.J.S.A. 30:4C-15.1 by clear and convincing evidence[.]” Based on those conclusions ... prong “best interests of the child” standard codified in N.J.S.A. 30:4C-15.1(a)(1) to (a)(4). In respect of the first ... will continue to be endangered by the parental relationship[,]” N.J.S.A. 30:4C-15.1(a)(1) -- DYFS presented no independent proofs upon which ...

docket:	a-2-10
court:	superior court trial
decided:	2011-07-20
status:
citation:
Document Size:	128927

4 NEW JERSEY DEPARTMENT OF YOUTH AND FAMILY SERVICES v. J.S. -- rank: 828

... the Family Part's application of the third prong of N.J.S.A. 30:4C-15.1(a), and also in recognition that defendant and the Law ... all four prongs of the statutory factors for termination under N.J.S.A. 30:4C-15.1(a). This appeal by defendant followed, which is opposed by ... when seeking the termination of a parent's rights under N.J.S.A. 30:4C-15.1(a), the Division has the burden of establishing, by clear ... 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 & Family Servs ... termination, as required by the third statutory prong for termination. N.J.S.A. 30:4C-15.1(a)(3) (requiring the court to consider "alternatives to termination ... J.S.A. 30:4C-12.1, and also, therefore, N.J.S.A. 30:4C-15.1(a)(3), the trial court reasoned: No viable alternatives ...

docket:	a0512-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-17
status:	published
citation:	433 N.J.Super. 69 77 A.3d 521
Document Size:	68211

5 New Jersey Division of Youth and Family Services v. F.M. -- rank: 823

... four factors of the best-interests test set forth in N.J.S.A. 30:4C-15.1(a). The court terminated Fernanda’s parental rights to both ... four factors of the best-interests test set forth in N.J.S.A. 30:4C-15.1(a). The court made the following determinations. First, the parental ... “best interests of the child” test set forth in N.J.S.A. 30:4C-15.1(a). In particular, she insists that DYFS failed to prove ... interests justified the termination of Fernanda’s parental rights under N.J.S.A. 30:4C-15.1(a). Specifically, DYFS makes the point that Fernanda exposed her ... its view, DYFS fell short of proving prong one of N.J.S.A. 30:4C-15.1(a), child endangerment. IV. We first address Fernanda’s claim ... the best-interests-of-the-child test, set forth in N.J.S.A. 30:4C-15.1(a). Id. at 113. To justify termination of parental ...

docket:	A-108-10
court:	NJ Supreme Court
decided:	2012-08-14
status:
citation:	211 N.J. 420 48 A.3d 1075
Document Size:	114985

6 /usr/local/share/www/libweb/collections/courts/appellate/a3207-12xx.opn.html -- rank: 816

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are not 'discrete and separate ... clearly and convincingly establish each of the four prongs under N.J.S.A. 30:4C-15.1(a). A. The first two prongs, N.J.S.A. 30:4C-15.1(a)(1) and (2), are related "components of the harm ... neglected." Id. at 586. This harm satisfies F.H. and N.J.S.A. 30:4C-15.1(a)(1). We next consider whether "[t]he parent is ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2); N.J. Div. of Youth & Family Servs. v ... of domestic violence problems as a cause for concern under N.J.S.A. 30:4C-15.1(a)(2). Additionally, Mother argues that the opinions offered ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	78603

7 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.H. -- rank: 816

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are not 'discrete and separate ... clearly and convincingly establish each of the four prongs under N.J.S.A. 30:4C-15.1(a). A. The first two prongs, N.J.S.A. 30:4C-15.1(a)(1) and (2), are related "components of the harm ... neglected." Id. at 586. This harm satisfies F.H. and N.J.S.A. 30:4C-15.1(a)(1). We next consider whether "[t]he parent is ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2); N.J. Div. of Youth & Family Servs. v ... of domestic violence problems as a cause for concern under N.J.S.A. 30:4C-15.1(a)(2). Additionally, Mother argues that the opinions offered ...

docket:	a1323-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-16
status:	unpublished
citation:
Document Size:	78915

8 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.H. -- rank: 816

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are not 'discrete and separate ... clearly and convincingly establish each of the four prongs under N.J.S.A. 30:4C-15.1(a). A. The first two prongs, N.J.S.A. 30:4C-15.1(a)(1) and (2), are related "components of the harm ... neglected." Id. at 586. This harm satisfies F.H. and N.J.S.A. 30:4C-15.1(a)(1). We next consider whether "[t]he parent is ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2); N.J. Div. of Youth & Family Servs. v ... of domestic violence problems as a cause for concern under N.J.S.A. 30:4C-15.1(a)(2). Additionally, Mother argues that the opinions offered ...

docket:	a3206-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-16
status:	unpublished
citation:
Document Size:	78915

9 New Jersey Division of Youth and Family Services v. J.G. -- rank: 809

... that appellant’s parental rights should be terminated pursuant to N.J.S.A. 30:4C-15.1(a). Appellant J.G. is the birth father of Tara ... four prong standard for termination of parental rights set by N.J.S.A. 30:4C-15.1(a) and found that the Division failed to prove by ... a harm to Tara” pursuant to the first prong of N.J.S.A. 30:4C-15.1(a). The dissenting judge opined that “the Division’s ... clear and convincing evidence to satisfy the four prongs of N.J.S.A. 30:4C-15.1(a). HELD : The trial court’s finding that the Division ... that appellant’s parental rights should be terminated pursuant to N.J.S.A. 30:4C-15.1(a) is supported by the trial evidence. 1. The applicable ... rights when necessary to protect the child’s best interests. N.J.S.A. 30:4C-15.1(a) sets forth the four elements that the Division ...

docket:	A-116-11
court:	NJ Supreme Court
decided:	2014-06-02
status:
citation:
Document Size:	127017

10 DIVISION OF CHILD PROTECTION AND PERMANENCY,1 v. J.H. and A.H IN THE MATTER OF THE GUARDIANSHIP OF B.H Minor -- rank: 809

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] "Importantly, those four prongs are not 'discrete and separate ... clearly and convincingly establish each of the four prongs under N.J.S.A. 30:4C-15.1(a). A. The first two prongs, N.J.S.A. 30:4C-15.1(a)(1) and (2), are related "components of the harm ... neglected." Id. at 586. This harm satisfies F.H. and N.J.S.A. 30:4C-15.1(a)(1). We next consider whether "[t]he parent is ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1(a)(2); N.J. Div. of Youth & Family Servs. v ... of domestic violence problems as a cause for concern under N.J.S.A. 30:4C-15.1(a)(2). Additionally, Mother argues that the opinions offered ...

docket:	a1322-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	81211

11 New Jersey Division of Child Protection and Permanency v. R.L.M. -- rank: 807

... clear and convincing evidence the four factors set forth in N.J.S.A. 30:4C-15.1(a). J.J.’s self- representation claim arose in ... clear and convincing evidence as to all four prongs of N.J.S.A. 30:4C- 15.1(a)’s best-interests standard, and terminated the parental ... satisfied by clear and convincing evidence all four prongs of N.J.S.A. 30:4C- 15.1(a)’s best-interests standard. The judge concluded that ... defendants challenged the trial court’s best-interests findings under N.J.S.A. 30:4C-15.1(a). Additionally, J.J. contended that he was entitled to ... had met its burden under the best-interests test of N.J.S.A. 30:4C-15.1(a). Id. at 134. The panel addressed J.J.� ... court correctly found that the Division met its burden under N.J.S.A. 30:4C-15.1. D. Amicus curiae the ACLU argues that procedural due ...

docket:	a-17-17
court:	NJ Supreme Court
decided:	2018-12-10
status:
citation:	236 N.J. 123 198 A.3d 934
Document Size:	75641

12 DIVISION OF YOUTH AND FAMILY SERVICES,1 v. B.G. and V.M IN THE MATTER OF J.M.G., a minor NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G IN THE MATTER OF THE GUARDIANSHIP OF J.M.G., a minor Before Judges Messano, Lihotz and Ost -- rank: 803

... fourth prongs of the best interests of the child test, N.J.S.A. 30:4C-15.1(a), by clear and convincing evidence. N.J. Div. of ... afford her the opportunity, under the criteria set forth in N.J.S.A. 30:4C-15.1(a), to contest the charges of abuse or neglect or ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1(a).] See A.W. , supra , 103 N.J. at 604-10 (formulating best interest standard later codified in N.J.S.A. 30:4C-15.1(a)). These four, often overlapping elements, "provide a comprehensive standard ... health, or development has been .�.�. endangered by the parental relationship." N.J.S.A. 30:4C-15.1(a)(1) (emphasis added). Any asserted change in defendants' circumstances ... K.H.O. , supra , 161 N.J. at 352 (quoting N.J.S.A. 30:4C-15.1(a)(2) ). "Conc ern and efforts by a natural ...

docket:	a0355-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-09-03
status:	Published
citation:
Document Size:	196965

13 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.A. NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES - v. T.P - IN THE MATTER OF THE GUARDIANSHIP OF T.W.A., T.M.P., AND T.W.P minors NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. L. -- rank: 796

... prongs that compose the best interests of the child test, N.J.S.A. 30:4C-15.1(a); New Jersey Division of Youth & Family Services v. M ... 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. ...

docket:	a0217-09
court:	New Jersey Superior Court Appellate Division
decided:	2010-06-28
status:	unpublished
citation:
Document Size:	232954

14 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES - v. T.P. -- rank: 796

... prongs that compose the best interests of the child test, N.J.S.A. 30:4C-15.1(a); New Jersey Division of Youth & Family Services v. M ... 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. ...

docket:	a4986-07
court:	New Jersey Superior Court Appellate Division
decided:	2010-06-28
status:	Published
citation:
Document Size:	229998

15 DIVISION OF YOUTH AND FAMILY SERVICES v. L.M.A. -- rank: 796

... prongs that compose the best interests of the child test, N.J.S.A. 30:4C-15.1(a); New Jersey Division of Youth & Family Services v. M ... 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. ...

docket:	a3979-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-06-28
status:	unpublished
citation:
Document Size:	233095