Search Rutgers Law Library N.J. Court Opinions

136 /usr/local/share/www/libweb/collections/courts/appellate/a2626-20.opn.html -- rank: 656

... 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 Senate ... child is an 'abused or neglected child' as defined in N.J.S.A. 9:6-8.21, but the act or acts committed or omitted do not ... evidence that defendants abused or neglected Sally as defined under N.J.S.A. 9:6-8.21(c)(4)(b). Before making this determination, the judge summarized ... or allowing to be inflicted harm, or substantial risk thereof . . . . [N.J.S.A. 9:6-8.21(c)(4).] The proofs needed to establish abuse or neglect ... finding that defendants abused or neglected Sally, as defined under N.J.S.A. 9:6- 8.21(c)(4). In fact, we agree with his conclusions that ...

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137 /usr/local/share/www/libweb/collections/courts/appellate/a3477-12recon.opn.html -- rank: 653

... the controlling standards for adjudicating cases of abuse or neglect. N.J.S.A. 9:6-8.21 to 8.73; Dep't of Children & Families, Div. of ... of similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4)(b)]. The burden is on the Division to ... harm." A.L. , supra , 213 N.J. at 23 (citing N.J.S.A. 9:6-8.21(c)(4)(b)). A "minimum degree of care," as required by N.J.S.A. 9:6-8.21(c)(4)(b), does not refer to merely negligent conduct ... the evidence is inadequate to "satisfy the standard articulated in N.J.S.A. 9:6-8.21(c)(4)," reversal is required. N.J. Div. of Youth ...

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court:	NJ Superior Court Law/Chancery Division
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138 /usr/local/share/www/libweb/collections/courts/appellate/a2922-15.opn.html -- rank: 653

... complaint for care and supervision with restraints pursuant to both N.J.S.A. 9:6-8:21 and N.J.S.A. 30:4C-12. That same ... were sufficient for a finding of abuse and neglect under N.J.S.A. 9:6- 8:21(c)(4). Mother was repeatedly ordered to undergo psychological and ... stresses she stipulated to abuse or neglect in violation of N.J.S.A. 9:6-8.21(c)(4) by almost hitting Father's car while the ... Voluntary Stipulation/Admission to Child Abuse or Neglect Pursuant to N.J.S.A. 9:6-8.21(c),' stating 'you understand that by agreeing to enter into ...

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court:	NJ Superior Court Law/Chancery Division
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139 A-0STATE OF NEW JERSEY v. D.K August 24, 2015 -- rank: 653

... provided in N.J.S.A. 9:6-1 and N.J.S.A. 9:6-8.21. The trial judge failed to recite the definition of an ... child" in N.J.S.A. 9:6-1 and N.J.S.A. 9:6-8.21. Because the trial court is required to define and explain ... that "defendant inflicted serious injury" upon Nathan is consistent with N.J.S.A. 9:6-8.21(c)(1). N.J.S.A. 9:6-8.21(c)(1) defines an abused and neglected child as one ... of . . . willfully failing to provide . . . medical attendance or surgical treatment[.]" N.J.S.A. 9:6-8.21(c)(4)(a) defines an "abused or neglected child" as ...

docket:	a0650-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-25
status:	unpublished
citation:
Document Size:	77154

140 DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.W. -- rank: 653

... she abused or neglected the child within the meaning of N.J.S.A. 9:6-8.21(c). Defendant also appeals from the February 26, 2015 order ... that defendant abused or neglected Gary within the meaning of N.J.S.A. 9:6-8.21(c) by using drugs during her pregnancy, which resulted in ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4)(b).] In order to prevail in a Title ... for seven weeks. Id. at 168. The Court held that " N.J.S.A. 9:6-8.21(c)(4)(b) does not require a finding of abuse ... Defendant clearly abused or neglected Gary within the meaning of N.J.S.A. 9:6-8.21(c) by ingesting illicit drugs during her pregnancy. Affirmed. 1 ...

docket:	a3715-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-15
status:	unpublished
citation:
Document Size:	35532

141 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.L. -- rank: 653

... to be an abused child, as defined under the statute, N.J.S.A. 9:6-8.21(c). He ordered Walker remain in the Division's custody ... 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 ... An "abused or neglected child" is defined this way in N.J.S.A. 9:6-8.21(c)(4)(b): "Abused or neglected child" means a child ... or reckless disregard for [Walker]'s safety as required by N.J.S.A. 9:6-8.21(c)(4)(b)." Importantly, a court need not wait until ... squarely within the ambit of the type of harmful conduct N.J.S.A. 9:6-8.21(c) was designed to protect children against. We reject as ... presented does not demonstrate actual or imminent harm"). Next, noting N.J.S.A. 9:6-8.21(c) gives seven definitions of an abused or neglected ...

docket:	a5786-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-09
status:	unpublished
citation:
Document Size:	40692

142 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.R. -- rank: 653

... the controlling standards for adjudicating cases of abuse and neglect. N.J.S.A. 9:6-8.21 to -8.73; N.J. Div. of Youth & Family Servs ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4).] The burden is on the Division to prove ... harm." A.L. , supra , 213 N.J. at 23 (citing N.J.S.A. 9:6-8.21(c)(4)(b)). A "minimum degree of care," as required by N.J.S.A. 9:6-8.21(c)(4)(b), does not refer to merely negligent conduct ... the gross negligence standard in child neglect cases pursuant to N.J.S.A. 9:6-8.21(c)(4)(b), stating, [w]hether a parent or guardian ... the child's exposure to a substantial risk of harm. N.J.S.A. 9:6-8.21(c)(4); A.L. , supra , 213 N.J. at ...

docket:	a5931-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-16
status:	unpublished
citation:
Document Size:	30019

143 DIVISION OF YOUTH AND FAMILY SERVICES,1 v. L.D and R.D IN THE MATTER OF L.D E.D, and M.D Minors -- rank: 651

... the September 6, 2011 Family Part order finding, pursuant to N.J.S.A. 9:6-8.21(c)(4), that she had neglected her son L.D ... found that Larry was an abused and neglected child under N.J.S.A. 9:6-8.21(c)(4)(a). At the hearing, the Division and the ... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4).] An inquiry under N.J.S.A. 9:6-8.21 should focus on the harm to the child, rather than ... short, we conclude that the trial judge's finding under N.J.S.A. 9:6-8.21(c)(4)(a) that appellant educationally abused and neglected her ... Permanency. L. 2012, c. 16, eff. June 29, 2012. 2 N.J.S.A. 9:6-8.21 to -8.73. 3 We use pseudonyms for the ...

docket:	a1157-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-03-27
status:	Published
citation:
Document Size:	44139

144 A-0 OF CHILD PROTECTION AND PERMANENCY,1 v. A.W and K.Y IN THE MATTER OF K.A.Y., a minor May 13 2015 -- rank: 651

... her son K.A.Y. ("Kevin") 2 in violation of N.J.S.A. 9:6-8.21(c)(4). As the judge found, the mother did so ... Family Part for care and supervision of Kevin, pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. The parents ... mother] emotionally and psychologically harmed the child as defined in N.J.S.A. 9:6-8.21(c)(4)(b). Despite the lack of any evidence that ... these contentions have merit. Abuse and neglect, as defined by N.J.S.A. 9:6-8.21(c), occurs when [a] child whose physical, mental, or emotional ... a similarly serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c)(4).] The statute does not require that the child experience actual harm. N.J.S.A. 9:6-8.21(c)(4)(b); see also N.J. Div. of ...

docket:	a4138-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-27
status:	unpublished
citation:
Document Size:	44122

145 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. JE.F.,1 and JO.F -- rank: 651

... judge held defendant abused or neglected his sons pursuant to N.J.S.A. 9:6-8.21(c). The judge further held: '[Joe]'s conduct during the ... or allowing to be inflicted harm, or substantial risk thereof . . . . [N.J.S.A. 9:6-8.21(c).] A-0734-22 11 'The phrase 'minimum degree of ... statute.' J.R.-R., 248 N.J. at 370 (quoting N.J.S.A. 9:6-8.21(c)(4)). '[W]here a parent or guardian acts in ...

docket:	a0734-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-11
status:	Unpublished
citation:
Document Size:	32107

146 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.W. -- rank: 651

... services for Cynthia. The Division filed its initial Title Nine, N.J.S.A. 9:6-8.21 to -8.73, complaint seeking only care and supervision for ... 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 ... drug-related conduct in March 2011 amounted to neglect under N.J.S.A. 9:6-8.21(c)(4). With respect to that issue, the trial judge ... of whether Cynthia also neglected Nick within the meaning of N.J.S.A. 9:6-8.21(c)(4) when she attacked Daniel . The judge made the ... before us for a finding of neglect, as defined in N.J.S.A. 9:6-8.21(c)(4), based solely on the possibility that Cynthia' ...

docket:	a6049-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-18
status:	unpublished
citation:
Document Size:	44708

147 A-0 OF CHILD PROTECTION AND PERMANENCY v. M.H IN THE MATTER OF A.H Minor October 24, 2014 -- rank: 648

... the Division of Child Protection and Permanency (Division) pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. The judge ... of M.H., was "abused or neglected" as defined by N.J.S.A. 9:6-8.21(c). On appeal, the Division contends that we should affirm ... emotionally. A.L. , supra , 213 N.J. at 23; see N.J.S.A. 9:6-8.21(c)(4)(b), -8.46(a)(4), (b)(1)-(2 ... s findings of fact and conclusions of law pursuant to N.J.S.A. 9:6-8.21(C), as follows: [M.H.] used illegal substances including both ... a similarly serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c).] In the absence of actual harm, a finding of ... evidence." A.L. , supra , 213 N.J. at 36 (citing N.J.S.A. 9:6-8.21(c)(4)(b), -8.46(b)). In A.L. , ...

docket:	a5697-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-23
status:	unpublished
citation:
Document Size:	27570

148 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.D and J.M -- rank: 648

... allegations that he had sexually abused S.M. pursuant to N.J.S.A. 9:6-8.21(c).2 We affirm. On appeal, Dana raises the following ... S.A. 9:6-1 to -8.114. Pursuant to N.J.S.A. 9:6- 8.21(c), an abused or neglected child is: a child less ... statute does not require the child to suffer actual harm. N.J.S.A. 9:6- - 8.21(c)(4). Instead, abuse or neglect is established when a ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82.' N.J. Div. of Youth & Fam. Servs ... allowed to be created a substantial risk of ongoing injury, N.J.S.A. 9:6-8.21(c)(2), because she allowed [Derrick] to be in the ... with adequate shelter when Derrick would come to the home, N.J.S.A. 9:6-8.21(c)(4)(a), as well as the failure to ...

docket:	a0364-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-31
status:	Unpublished
citation:
Document Size:	31461

149 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. G.S. -- rank: 648

... care, custody, and supervision of the children under Title Nine, N.J.S.A. 9:6-8.21 to -8.73 (regarding abuse and neglect), and also under ... v. W.B. , 215 N.J. 305 , 332 (2013) (citing N.J.S.A. 9:6-8.21(d); N.J.S.A. 9:6-8.23; N ... child without a court order, pursuant to the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. N.J. Div. of Youth & Family Servs ... J. at 186. 5 Prior to an amendment in 1977, N.J.S.A. 9:6-8.21 defined an "attorney" for an indigent parent as "a pool ... of the child and the parent[.]" L. 1974, c. 119. N.J.S.A. 9:6-8.21 currently defines an "attorney" for an indigent parent as "an ...

docket:	a5222-15
court:	NJ Superior Court Appellate Division
decided:	2016-11-22
status:	published
citation:	447 N.J.Super. 539 149 A.3d 816
Document Size:	143656

150 L.A. v. NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES -- rank: 648

... as the definition of "abused or neglected child" found at N.J.S.A. 9:6-8.21(c). The language in N.J.S.A. 9:6-8.21(c)(4) concerning failure "to exercise a minimum degree of ...

docket:	a2726-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-16
status:	published
citation:	429 N.J.Super. 48 56 A.3d 890
Document Size:	42706