Search Rutgers Law Library N.J. Court Opinions

31 DIVISION OF YOUTH AND FAMILY SERVICES v. K.T.T. and W.R -- rank: 802

... 332 N.J. Super. 392 , 402 (Ch. Div. 2000)). Under N.J.S.A. 30:4C-15.1a, DYFS must satisfy the following four criteria to terminate parental ... for termination of parental rights. Under the first prong of N.J.S.A. 30:4C-15.1a, DYFS must show that the safety, health or development of ... 161 N.J. at 379. Discussing what constitutes "harm" under N.J.S.A. 30:4C-15.1a(1), the Supreme Court stated: Harm, in this context, involves ... to provide a safe and stable home for the child. N.J.S.A. 30:4C-15.1a(2). The second element is aimed at "determining whether the ... that the court consider "alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1a(3). K.T.T. argues that DYFS failed to satisfy ... of parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1a(4). The court must evaluate "whether, after considering and ...

docket:	a4177-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	unpublished
citation:
Document Size:	52899

32 DIVISION OF YOUTH AND FAMILY SERVICES v. K.T.T. and W.R -- rank: 802

... 332 N.J. Super. 392 , 402 (Ch. Div. 2000)). Under N.J.S.A. 30:4C-15.1a, DYFS must satisfy the following four criteria to terminate parental ... for termination of parental rights. Under the first prong of N.J.S.A. 30:4C-15.1a, DYFS must show that the safety, health or development of ... 161 N.J. at 379. Discussing what constitutes "harm" under N.J.S.A. 30:4C-15.1a(1), the Supreme Court stated: Harm, in this context, involves ... to provide a safe and stable home for the child. N.J.S.A. 30:4C-15.1a(2). The second element is aimed at "determining whether the ... that the court consider "alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1a(3). K.T.T. argues that DYFS failed to satisfy ... of parental rights will not do more harm than good. N.J.S.A. 30:4C-15.1a(4). The court must evaluate "whether, after considering and ...

docket:	a3832-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-31
status:	unpublished
citation:
Document Size:	53633

33 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.B. -- rank: 795

... failed to prove the third prong of the termination criteria, N.J.S.A. 30:4C-15.1a(3). She contends that the Division did not make reasonable ... When seeking the termination of a parent's rights under N.J.S.A. 30:4C-15.1a, the Division has the burden of establishing, by clear and ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a. See also N.J. Div. of Youth & Family Servs. v ... evidence of harm arising out of the parent-child relationship. N.J.S.A. 30:4C-15.1a(1); see K.H.O. , supra , 161 N.J. at ... the child's permanent placement will contribute to that harm. N.J.S.A. 30:4C-15.1a(2). This requires the court to assess whether it is ... the court has considered alternatives to termination of parental rights." N.J.S.A. 30:4C-15.1a(3). Such reasonable efforts by the Division may include: ( ...

docket:	a5988-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-09
status:	unpublished
citation:
Document Size:	64689

34 /usr/local/share/www/libweb/collections/courts/appellate/a3972-08.opn.html -- rank: 791

... that the Division failed to establish all four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. K.S. only challenges the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] These "four criteria . . . are not discrete and separate; they relate ... N.J. Super. 418 , 434-35 (App. Div. 2001) (citing N.J.S.A. 30:4C-15.1a(3)). The fourth prong seeks to determine whether "[t]ermination ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1a(4). This prong "'serves as a fail-safe against termination ... properly concluded that the Division proved all four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1a, accords with K.H.O. , D.M.H. , and ...

docket:	a3972-08
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-15
status:	unpublished
citation:
Document Size:	41586

35 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.M. -- rank: 791

... failed to clearly and convincingly establish the four prongs of N.J.S.A. 30:4C-15.1a. We disagree and affirm. M.D.'s biological mother, J ... of those findings to each of the four prongs of N.J.S.A. 30:4C-15.1a. Applying the clear and convincing proof standard, the judge concluded that the Division met all four prongs of N.J.S.A. 30:4C-15.1a. As to the first and second prongs, the judge found ... not do more harm than good. [ Id. at 448 (quoting N.J.S.A. 30:4C-15.1a).] These "four prongs are not 'discrete and separate,' but 'relate ... of the children from the home." Id. at 452 (quoting N.J.S.A. 30:4C-15.1a(3)). The emphasis on the third prong is on the ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1a(4). The fourth prong serves as a "'fail-safe' ...

docket:	a2375-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-15
status:	unpublished
citation:
Document Size:	31897

36 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.R.S. -- rank: 791

... NOT SUPPORT A LEGAL FINDING THAT ALL FOUR PRONGS UNDER N.J.S.A. 30:4C-15.1a WERE MET IN THIS CASE. A. The findings of the ... not support a legal conclusion that the first prong of N.J.S.A. 30:4C-15.1a was met. B. The findings of the trial court do ... not support a legal conclusion that the second prong of N.J.S.A. 30:4C-15.1a was met. C. The findings of the trial court do ... not support a legal conclusion that the third prong of N.J.S.A. 30:4C-15.1a was met. D. The findings of the trial do not support a legal conclusion that the fourth prong of N.J.S.A. 30:4C-15.1a was met. II. THE TRIAL COURT MUST BE REVERSED BECAUSE ...

docket:	a1268-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-11-17
status:	unpublished
citation:
Document Size:	89548

37 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.R.S. -- rank: 791

... NOT SUPPORT A LEGAL FINDING THAT ALL FOUR PRONGS UNDER N.J.S.A. 30:4C-15.1a WERE MET IN THIS CASE. A. The findings of the ... not support a legal conclusion that the first prong of N.J.S.A. 30:4C-15.1a was met. B. The findings of the trial court do ... not support a legal conclusion that the second prong of N.J.S.A. 30:4C-15.1a was met. C. The findings of the trial court do ... not support a legal conclusion that the third prong of N.J.S.A. 30:4C-15.1a was met. D. The findings of the trial do not support a legal conclusion that the fourth prong of N.J.S.A. 30:4C-15.1a was met. II. THE TRIAL COURT MUST BE REVERSED BECAUSE ...

docket:	a1267-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-11-17
status:	unpublished
citation:
Document Size:	89549

38 /usr/local/share/www/libweb/collections/courts/appellate/a3971-08.opn.html -- rank: 791

... that the Division failed to establish all four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. K.S. only challenges the ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] These "four criteria . . . are not discrete and separate; they relate ... N.J. Super. 418 , 434-35 (App. Div. 2001) (citing N.J.S.A. 30:4C-15.1a(3)). The fourth prong seeks to determine whether "[t]ermination ... of parental rights will not do more harm than good." N.J.S.A. 30:4C-15.1a(4). This prong "'serves as a fail-safe against termination ... properly concluded that the Division proved all four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The judge's opinion tracks the statutory requirements of N.J.S.A. 30:4C-15.1a, accords with K.H.O. , D.M.H. , and ...

docket:	a3971-08
court:	New Jersey Superior Court Appellate Division
decided:	2009-12-15
status:	unpublished
citation:
Document Size:	41593

39 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.P. and D.T. -- rank: 788

... child's best interests, under the standards set forth in N.J.S.A. 30:4C-15.1a. Having reviewed the record, we reject their appellate contentions and ... four prongs of the best interests test set forth in N.J.S.A. 30:4C-15.1a. She found that D.T. was not a credible witness ... OF PARENTAL RIGHTS WERE MET. A. Each Prong of the N.J.S.A. 30:4C:15.1a Test Must Be Met Before a Father's Rights to ... Do Not Support a Legal Conclusion That Prong One of N.J.S.A. 30:4C-15.1a Was Met. C. The Trial Record Shows That the Division Did Not Clearly and Convincingly Prove Prong Two of N.J.S.A. 30:4C-15.1a. D. The Trial Record Shows That the Division Did Not ... The Division has Clearly Not Proven that Prong Four of N.J.S.A. 30:4C-15.1a, That Termination Will Not Do More Harm than Good, ...

docket:	a3783-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-09
status:	unpublished
citation:
Document Size:	30234

40 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.P. and D.T. -- rank: 788

... child's best interests, under the standards set forth in N.J.S.A. 30:4C-15.1a. Having reviewed the record, we reject their appellate contentions and ... four prongs of the best interests test set forth in N.J.S.A. 30:4C-15.1a. She found that D.T. was not a credible witness ... OF PARENTAL RIGHTS WERE MET. A. Each Prong of the N.J.S.A. 30:4C:15.1a Test Must Be Met Before a Father's Rights to ... Do Not Support a Legal Conclusion That Prong One of N.J.S.A. 30:4C-15.1a Was Met. C. The Trial Record Shows That the Division Did Not Clearly and Convincingly Prove Prong Two of N.J.S.A. 30:4C-15.1a. D. The Trial Record Shows That the Division Did Not ... The Division has Clearly Not Proven that Prong Four of N.J.S.A. 30:4C-15.1a, That Termination Will Not Do More Harm than Good, ...

docket:	a3666-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-09
status:	Published
citation:
Document Size:	28880

41 DIVISION OF CHILD PROTECTION AND PERMANENCY v. F.W. -- rank: 785

... of the statutory test for termination of parental rights in N.J.S.A. 30:4C-15.1a as to the six children. Under the statute, the Division ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] The judge entered an order dated November 3, 2014, terminating ... petition may be granted if the four prongs enumerated in N.J.S.A. 30:4C-15.1a are established by clear and convincing evidence. "The four criteria ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1a(1). "[T]he Division must prove harm that 'threatens the ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1a(2). The key issue under this part of the test ... s care, and considered alternatives to termination of parental rights. N.J.S.A. 30:4C-15.1a(3). "The diligence of [the Division's] efforts on ...

docket:	a1457-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-17
status:	unpublished
citation:
Document Size:	45964

42 DIVISION OF YOUTH AND FAMILY SERVICES v. B.B. -- rank: 781

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] The enumerated criteria are not discrete and separate, but relate ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1a(1). The first prong does not concentrate on a single ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1a(2); K.H.O. , supra , 161 N.J. at 352 ... family would cause serious and enduring emotional or psychological harm. N.J.S.A. 30:4C-15.1a(2). Although the second prong more directly focuses on conduct ... their foster parents would contribute to the risk of harm. N.J.S.A. 30:4C-15.1a(2) includes as added harm that separating the child from ... which led to the child's placement outside the home." N.J.S.A. 30:4C-15.1a(3). The court must also consider alternatives to termination ...

docket:	a5726-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-20
status:	Published
citation:
Document Size:	72883

43 DIVISION OF YOUTH AND FAMILY SERVICES v. C.M. -- rank: 781

... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] The enumerated criteria are not discrete and separate, but relate ... or will continue to be endangered by the parental relationship." N.J.S.A. 30:4C-15.1a(1). The first prong does not concentrate on a single ... the delay of permanent placement will add to the harm." N.J.S.A. 30:4C-15.1a(2); K.H.O. , supra , 161 N.J. at 352 ... family would cause serious and enduring emotional or psychological harm. N.J.S.A. 30:4C-15.1a(2). Although the second prong more directly focuses on conduct ... their foster parents would contribute to the risk of harm. N.J.S.A. 30:4C-15.1a(2) includes as added harm that separating the child from ... which led to the child's placement outside the home." N.J.S.A. 30:4C-15.1a(3). The court must also consider alternatives to termination ...

docket:	a5727-07
court:	New Jersey Superior Court Appellate Division
decided:	2009-05-20
status:	Published
citation:
Document Size:	72883

44 DIVISION OF YOUTH AND FAMILY SERVICES v. T.L.W IN THE MATTER OF THE GUARDIANSHIP OF T.S.M.-W and A.W -- rank: 778

... court noted the standard for termination of parental rights under N.J.S.A. 30:4C-15.1a, made relevant findings of fact, and held that termination of ... of parental rights will not do more harm than good. [ N.J.S.A. 30:4C-15.1a.] "The four criteria enumerated in the best interests standard are ... argues that DYFS failed to prove the first requirement of N.J.S.A. 30:4C-15.1a because "there was no evidence that [she] ever put the ... C. , 129 N.J. 1, 26 (1992)). Cognizable harms under N.J.S.A. 30:4C-15.1a(1) include parental neglect, lack of nurture, and failure to ... child is in fact harmed by the parental relationship . See N.J.S.A. 30:4C-15.1a(1). The focus is the best interest of the child ... e facts clearly demonstrates , DYFS satisfied the third requirement of N.J.S.A. 30:4C-15.1a by attempting numerous services for defendant. DYFS must "undertake ...

docket:	a5330-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-08
status:	unpublished
citation:
Document Size:	302991

45 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: 778

... prongs of the best interests test, as set forth in N.J.S.A. 30:4C-15.1a(1) to -15.1a(4), and that defendants' parental rights ... Division failed to prove prongs two, three, and four of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. C.C.E., Sr. contends ... the court has considered alternatives to termination of parental rights[.]" N.J.S.A. 30:4C-15.1a(3). "The diligence of [the Division's] efforts on behalf ... properly found that the Division satisfied all four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. To the extent that we ...

docket:	a0296-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-02
status:	unpublished
citation:
Document Size:	50430