Search Rutgers Law Library N.J. Court Opinions

121 /usr/local/share/www/libweb/collections/courts/appellate/a2823-20.opn.html -- rank: 666

... or neglected their child G.D. within the meaning of N.J.S.A. 9:6-8.21(c). 1 We affirm. 1 We identify the parties by ... defendants abused or neglected the children within the meaning of N.J.S.A. 9:6-8.21(c). In addition to several fact witnesses, including G.D ... K.B. from defendants' custody pursuant to the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. See N.J. Div. of Youth & Fam ... standard of care, and did not identify the subsection of N.J.S.A. 9:6-8.21(c) on which it relied for its conclusion. Mother argues ... 46 (2012). The 'main focus' of Title Nine, of which N.J.S.A. 9:6-8.21(c) is a part, is 'the protection of children.' Div ... a similarly serious nature requiring the aid of the court . . . . [ N.J.S.A. 9:6-8.21(c)(1), (2) and (4).] Proof of harm under ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	33668

122 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.S. -- rank: 666

... A.G, his stepson, then age fourteen, in violation of N.J.S.A. 9:6-8.21. On appeal, J.S. argues that the trial court erred ... to the level of abuse and neglect, as defined in N.J.S.A. 9:6-8.21. J.S. further argues that the removal of A.G ... G. had been abused and/or neglected in violation of N.J.S.A. 9:6-8.21. The judge found that "the removal of the [child] was ... trial court in that case found abuse and neglect under N.J.S.A. 9:6-8.21(c)(4)(b) and this court agreed. Id. at 35 ... level of the "excessive corporal punishment" that is prohibited by N.J.S.A. 9:6-8.21(c)(4)(b). The record demonstrates that J.S. threw ... where we affirmed the finding of abuse and neglect under N.J.S.A. 9:6-8.21(c)(4)(b), when a mother grabbed her daughter' ...

docket:	a2766-08
court:	NJ Superior Court Appellate Division
decided:	2009-11-05
status:	unpublished
citation:
Document Size:	36949

123 STATE OF NEW JERSEY v. R.W.M. -- rank: 664

... the definition of "abused or neglected child" set forth in N.J.S.A. 9:6-8.21. We affirm. Defendant's indictment arose out of the fact ... erred by referencing the "broad and sweeping" definition found in N.J.S.A. 9:6-8.21, rather than the "more specific" definition of what constitutes abuse ... A. 9:6-1 were intended to supersede those of N.J.S.A. 9:6-8.21. Indeed, our recitation of the legislative history of N.J ... prior to passage of the Code in 1979 to include N.J.S.A. 9:6-8.21 upon the enactment of that statute in 1974. Ibid. If ... been no need to refer to the definitional section of N.J.S.A. 9:6-8.21 in the criminal statute as enacted. We have noted that ... B addresses reporting requirements and procedures; and Subsection C, containing N.J.S.A. 9:6-8.21, addresses proceedings in the Superior Court, Family Part in ...

docket:	a5569-04
court:	njappellate
decided:	2007-05-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	33833

124 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.L. -- rank: 664

... that defendant abused and neglected M.W. as proscribed by N.J.S.A. 9:6-8.21(c)(4)(b). The judge elaborated: A-5434-15T2 6 ... See N.J.S.A. 30:4C-15.1(a). N.J.S.A. 9:6-8.21(c) defines various circumstances that can comprise the abuse or ... a similarly serious nature requiring the aid of the court .... [ N.J.S.A. 9:6-8.21(c)(4)(b) (emphasis added).] Our Supreme Court has noted ... imminent danger.' A.L., 213 N.J. at 18 (citing N.J.S.A. 9:6-8.21(c)(4)). Relevant here, a court need not wait until ... of harm.' A.L., 213 N.J. at 23 (citing N.J.S.A. 9:6- 8.21(c)(4)(b)). Further, our courts have recognized that '[p ... harm and constituted abuse and neglect within the meaning of N.J.S.A. 9:6-8.21(c)(4). To the extent not addressed, defendant's ...

docket:	a5434-15
court:	NJ Superior Court Appellate Division
decided:	2018-11-15
status:	Unpublished
citation:
Document Size:	31325

125 /usr/local/share/www/libweb/collections/courts/appellate/a0210-12xx.opn.html -- rank: 664

... child, would not be able to explain himself. Thus, as N.J.S.A. 9:6-8.21(c)(4) defines an abused or neglected child as one ... conviction. II. The Division brought this case under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, the statute covering non-criminal abuse and ... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4).] In determining whether action or inaction constitutes abuse ... J. Super. 320 , 329 (App. Div. 2011). An inquiry under N.J.S.A. 9:6-8.21 should focus on the harm to the child, rather than ... S.A. 9:6-8.29 of the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. This archive is a service of Rutgers ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	45922

126 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.F and F.F -- rank: 664

... filed a verified complaint in the Family Part pursuant to N.J.S.A. 9:6- 8.21 to – 8.73, N.J.S.A. 30:4C ... Mary, Molly, and Mina were abused or neglected children under N.J.S.A. 9:6-8.21(c) as a result of defendant's sexual abuse. The ... also found the other children were abused or neglected under N.J.S.A. 9:6-8.21(c)(4)(B), as a result of defendant's failure ... expertise in family matters[.]' Cesare, 154 N.J. at 413. N.J.S.A. 9:6-8.21(c) provides in pertinent part that a child is abused ... Molly, and Mina were abused or neglected children pursuant to N.J.S.A. 9:6-8.21(c)(3) as a result of defendant's sexual abuse ...

docket:	a3270-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-02
status:	Unpublished
citation:
Document Size:	41595

127 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.J. -- rank: 664

... child, would not be able to explain himself. Thus, as N.J.S.A. 9:6-8.21(c)(4) defines an abused or neglected child as one ... conviction. II. The Division brought this case under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, the statute covering non-criminal abuse and ... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4).] In determining whether action or inaction constitutes abuse ... J. Super. 320 , 329 (App. Div. 2011). An inquiry under N.J.S.A. 9:6-8.21 should focus on the harm to the child, rather than ... S.A. 9:6-8.29 of the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. This archive is a service of Rutgers ...

docket:	a5273-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-21
status:	unpublished
citation:
Document Size:	46529

128 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.I. -- rank: 661

... N.J.S.A. 9:6-8.8). See also N.J.S.A. 9:6-8.21 to -8.73 (governing protection of abused and neglected children ... at 8. An "abused or neglected child" is defined in N.J.S.A. 9:6-8.21(c) as a child less than 18 years of age ... child." A.L. , supra , 213 N.J. at 8 (citing N.J.S.A. 9:6-8.21(c)). If an isolated act "appears to be aberrational," labeling ... of care, recklessly creating "harm, or [the] substantial risk thereof[.]" N.J.S.A. 9:6-8.21(c)(4)(b). A teenager's expression tantamount to thoughts ... psychiatric evaluation was not proven to be medical neglect under N.J.S.A. 9:6-8.21(c)(4). Reversed. 1 On June 29, 2012, the Department ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. The Act was authored by former ...

docket:	a2878-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-02
status:	unpublished
citation:	437 N.J.Super. 142 97 A.3d 265
Document Size:	55524

129 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.L IN THE MATTER OF J.W.-T., T.T., JR N.T., and L.W., minors -- rank: 661

... N.J.S.A. 9:6-8.8). See also N.J.S.A. 9:6-8.21 to -8.73 (governing protection of abused and neglected children ... 8.33). An "abused or neglected child" is defined in N.J.S.A. 9:6-8.21(c)(4)(b): "Abused or neglected child" means a child ... L. , 213 N.J. at 8, 23, 30; see also N.J.S.A. 9:6-8.21(c). Contrary to the Division's interpretation and the judge ... a 'substantial risk' of harm to be inflicted." Ibid. (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). Actual harm under the statute can be ... harm or the substantial risk thereof to be inflicted. See N.J.S.A. 9:6-8.21(c)(4)(b). The order of neglect against defendant is ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. The Act was authored by former ...

docket:	a4395-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-24
status:	Published
citation:
Document Size:	52499

130 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.C. and W.D and L.T. -- rank: 661

... A-0300-21 2 8.21(c)(4)(b) and N.J.S.A. 9:6-8.21(c)(1). The Law Guardian supports the judge's finding ... S.A. 9:6-8.46(b). In pertinent part, N.J.S.A. 9:6- 8.21(c)(4)(b) defines an 'abused or neglected child' as ...

docket:	a0300-21
court:	NJ Superior Court Appellate Division
decided:	2022-09-20
status:	Unpublished
citation:
Document Size:	19985

131 DIVISION OF YOUTH AND FAMILY SERVICES v. N.M IN THE MATTER OF J.K JR., and JO.K., minors -- rank: 658

... she abused or neglected her infant James in violation of N.J.S.A. 9:6-8.21(c)(4). The court adopted the contentions of the Division ... persuaded that defendant had neglected James, within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b), by permitting the father to care for ... 6-8.50(d), (e)). Germane to the present context, N.J.S.A. 9:6-8.21(c)(4) provides, in relevant part, that an abused or ... the child from "unreasonably inflicting . . . harm, or substantial risk thereof[.]" N.J.S.A. 9:6-8.21(c)(4). Defendant's conduct in entrusting her infant to ... known as a "Dodd removal," pursuant to the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. 6 Miranda v. Arizona , 384 U.S ...

docket:	a5808-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-05-10
status:	Published
citation:
Document Size:	50188

132 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.M. -- rank: 656

... neglected Diane's child within the meaning of Title 9, N.J.S.A. 9:6-8.21 to -8.73. In reaching its decision, the Family Part ... but "given the totality of the circumstances," and citing to N.J.S.A. 9:6-8.21(c)(4)(b), she found that Carla and Diane placed ... the metal bat incident occurred. Furthermore, Judge DeCastro cited to N.J.S.A. 9:6-8.21(c)(4)(a) and found Carla failed to provide adequate ... Family Servs. , 157 N.J. 161 , 171 (1999)); see also N.J.S.A. 9:6-8.21 to -8.73. Title 9 is intended to safeguard children ... 178 (citing N.J.S.A. 9:6-8.33). N.J.S.A. 9:6-8.21(c)(4) provides that a child is "abused or neglected ... 213 N.J. at 22 (second alteration in original) (quoting N.J.S.A. 9:6-8.21(c)(4)(b)).] "Accordingly, Title 9 initially looks for ...

docket:	a0156-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-27
status:	unpublished
citation:
Document Size:	42264

133 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.S and S.R IN THE MATTER OF R.R., a Minor -- rank: 656

... neglected her infant son, R.R., within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b), by using prescription medications during her pregnancy ... for custody, care, and supervision of R.R., pursuant to N.J.S.A. 9:6- 8.21 and 30:4C-12. Cannon testified that after speaking to ... and was not evasive in answering questions. Next, relying on N.J.S.A. 9:6-8.21(c)(4)(b) and New Jersey Division of Child Protection ... Comm. of Manalapan, 140 N.J. 366, 378 (1995). Under N.J.S.A. 9:6-8.21(c)(4)(b), to establish 'abuse or neglect,' the Division ... thereof.' Y.N., 220 N.J. at 178-80 (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). Thus, '[t]he statute makes clear that ... essential element for a finding of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b).' Y.N., 220 N.J. at ...

docket:	a5426-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-13
status:
citation:
Document Size:	29703

134 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.E. -- rank: 656

... Mary had abused or neglected Ethan within the meaning of N.J.S.A. 9:6-8.21(c). Although he found that the Division had provided insufficient ... Division failed to prove abuse or neglect as defined by N.J.S.A. 9:6-8.21(c)(4). She also contends that the judge erred in ... Ethan. The Division filed its complaint pursuant to Title Nine, N.J.S.A. 9:6-8.21 to -8.73, which is concerned with "noncriminal proceedings involving ... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4) .] The language in N.J.S.A. 9:6-8.21(c)(4) concerning failure "to exercise a minimum degree of ... 2011 subjected Ethan to abuse or neglect as defined in N.J.S.A. 9:6-8.21(c). There was no allegation, and certainly no proof, ...

docket:	a5246-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-04
status:	unpublished
citation:
Document Size:	39370

135 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.S and E.S., B.B., and S.H -- rank: 656

... NEGLECT AG[A]INST D.S. WAS 'ESTABLISHED' PURSUANT TO N.J.S.A. 9:6-8-21(c) IS NOT SUPPORTED BY ADMITTED EVIDENCE AND TESTIMONY WHICH ... substantial risk thereof, including the infliction of excessive corporal punishment . . . . [N.J.S.A. 9:6-8.21(c)(4)(b).] 'Abuse and neglect cases are generally fact ... of excessive corporal punishment' amounting to abuse or neglect under N.J.S.A. 9:6-8.21(c)(4). While the boundaries of what constitutes 'excessive corporal ...

docket:	a0176-20
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	48782