Search Rutgers Law Library N.J. Court Opinions

196 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.C. -- rank: 623

... 18, the Division filed a verified complaint under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, seeking custody of Lisa because of her ... who "has been willfully abandoned by [her] parent or guardian." N.J.S.A. 9:6-8.21(c)(5). Abandonment is further defined by N.J.S ... or allowing to be inflicted harm, or substantial risk thereof. [ N.J.S.A. 9:6-8.21(c)(4)(b) .] The language in N.J.S.A. 9:6-8.21(c)(4) concerning failure "to exercise a minimum degree of ... the finding that Jane neglected Lisa within the meaning of N.J.S.A. 9:6-8.21(c)(4). Affirmed in part, reversed in part. 1 We ...

docket:	a4460-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-10
status:	unpublished
citation:
Document Size:	45987

197 DIVISION OF YOUTH AND FAMILY SERVICES v. J.M. -- rank: 623

... he sexually abused his daughter, I.M., in violation of N.J.S.A. 9:6-8.21. 2 We affirm. I. The record establishes that, in January ... was commenced by DYFS on February 5, 2009, pursuant to N.J.S.A. 9:6-8.21 and 30:4C-12. The fact-finding hearing at which ... turned to the issue of intent. He stated that whether N.J.S.A. 9:6-8.21, which was silent with respect to mental state, requires proof ... Legislature intended to impose strict liability as to violations of N.J.S.A. 9:6-8.21, the statute must be construed as requiring a showing that ... analyzed conclusion that, to commit child abuse as defined in N.J.S.A. 9:6-8.21, the actor's conduct must be knowing. The judge's ... Services sought a finding of abuse or neglect pursuant to N.J.S.A. 9:6-8.21 as the result of the conduct of the father, ...

docket:	a2742-09
court:	NJ Superior Court Appellate Division
decided:	2010-11-10
status:	unpublished
citation:
Document Size:	37743

198 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.M. -- rank: 623

... S.A. 9:6-8.29 of the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. A-4822-16T3 8 On October 17 ... Specifically, it concluded that Yolanda 'allowed injury to [Henry] under N.J.S.A. 9:6-8.21(c)(1) and 8.21(c)(4),' and she 'created substantial risk of injury to [Lynn] and [Zachary] under N.J.S.A. 9:6-8.21(c)(4).' On May 22, 2016, Yolanda reported another domestic ...

docket:	a4822-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-16
status:	Unpublished
citation:
Document Size:	54031

199 NEW JERSEY DIVIAION OF CHILD PROTECTION AND PERMANENCY v. K.M. -- rank: 623

... she abused or neglected G.G. within the meaning of N.J.S.A. 9:6-8.21(c)(4)(a), after the child was born manifesting signs ... charge defendant with abuse or neglect of G.G. under N.J.S.A. 9:6-8.21(c)(4). The Family Part granted the Division's request ... had abused or neglected G.G. within the meaning of N.J.S.A. 9:6-8.21(c)(4)(a). The judge stated her reasons in an ... of Human Servs. , 157 N.J. 161 , 182 (1999). Under N.J.S.A. 9:6-8.21(c)(4) an "abused or neglected child" is a child ... v. T.B. , 207 N.J. 294 , 306 (2011) (quoting N.J.S.A. 9:6-8.21(c)(4)), the Supreme Court held that in order to ... intentional. [ G.S. , supra , 157 N.J. at 178 (quoting N.J.S.A. 9:6-8.21(c)(4)).] In New Jersey Division of Child Protection & ...

docket:	a3662-13
court:	NJ Superior Court Appellate Division
decided:	2016-02-25
status:	published
citation:	444 N.J.Super. 325 133 A.3d 643
Document Size:	28554

200 H.S.P. v. J.K. -- rank: 623

... so." N.J.S.A. 9:6-8.9(d); N.J.S.A. 9:6-8.21(c)(4). Failure to exercise a minimum degree of care ... See N.J.S.A. 9:6-8.9(b); N.J.S.A. 9:6-8.21(c)(2). We cannot conclude on this record that M ... parent." N.J.S.A. 9:6-8.9(e); N.J.S.A. 9:6-8.21(c)(5). Under these statutes, abandonment requires "a finding that ...

docket:	a1121-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	published
citation:	435 N.J.Super. 147 87 A.3d 255
Document Size:	65214

201 NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES v. C.B. -- rank: 620

... could amount to "abuse," as that term is used in N.J.S.A. 9:6-8.21(c)(4)(b). However, she argued that the incident had ... substantial risk thereof, including the infliction of excessive corporal punishment. [ N.J.S.A. 9:6-8.21(c)(4) .] The statute does not, however, define the term ... 157 N.J. 161 , 178-79 (1999).] The language in N.J.S.A. 9:6-8.21(c)(4) concerning failure "to exercise a minimum degree of ... that Cathy's conduct was abuse within the meaning of N.J.S.A. 9:6-8.21(c)(4). The decision (1) cannot be characterized as arbitrary ...

docket:	a3604-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-12
status:	unpublished
citation:
Document Size:	27636

202 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.H. -- rank: 620

... addition to A.H., abused the baby in violation of N.J.S.A. 9:6-8.21(c). For simplicity, we refer to A.H. as 'defendant ... have abused or neglected the children within the meaning of N.J.S.A. 9:6-8.21(c). An 'abused or neglected child' is defined in N.J.S.A. 9:6-8.21(c)(4)(b) to include a child whose parent or ... injury upon the baby, specifically, traction alopecia, in violation of N.J.S.A. 9:6-8.21(c)(4)(b). As for defendant's remaining contentions, we ... Finally, defendant contends he cannot be held liable pursuant to N.J.S.A. 9:6-8.21(c) because he was neither the baby's parent nor guardian. We reject this contention because, according to N.J.S.A. 9:6-8.21(a), the term guardian includes the 'paramour of a ...

docket:	a1224-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-19
status:	unpublished
citation:
Document Size:	25166

203 DIVISION OF YOUTH AND FAMILY SERVICES v. D.F. -- rank: 620

... of care for J.A.D. within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b). . . .     . . . [DYFS] reasons that [appellant] could have exercised ... child abuse or neglect allegations involving prospective or current providers[,]" N.J.S.A. 9:6-8.21 to -8.73. The objective of such an action is ...

docket:	A1738-03
court:	NJ Superior Court Appellate Division
decided:	2005-04-22
status:	published
citation:	377 N.J. Super. 59 871 A.2d 699
Document Size:	27216

204 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.G. -- rank: 620

... G., as that concept is defined in and proscribed by N.J.S.A. 9:6-8.21. Specifically, the trial court found that the parents failed to ... neglected child." N.J.S.A. 9:6-8.44; N.J.S.A. 9:6-8.21(c); see also N.J. Div. of Youth & Family Servs ... though offered financial or other reasonable means to do so[.] [ N.J.S.A. 9:6-8.21(c)(4) (emphasis added). 5 ] To be sure, in applying ... Court held: [t]he phrase "minimum degree of care" [in N.J.S.A. 9:6-8.21(c)(4)] denotes a lesser burden on the actor than ... school), certif. denied , 196 N.J. 347 (2008); see also N.J.S.A. 9:6-8.21(c)(4) (treating the failure to provide a child with ... of impairment as a result of a lack of education. N.J.S.A. 9:6-8.21(c)(4). Actual harm to children is therefore not ...

docket:	a3739-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-02
status:	unpublished
citation:
Document Size:	46166

205 /usr/local/share/www/libweb/collections/courts/appellate/a4890-14.opn.html -- rank: 620

... he sexually abused K.B. (Katy) within the definition of N.J.S.A. 9:6-8.21(c)(3). 1 We affirm. I We discern the following ... I CONCLUDE that [appellant] sexually abused [Katy] in violation of N.J.S.A. 9:6-8.21(c)(4); [ 2 ] [and] that the allegation of sexual abuse ... an act of sexual abuse against Katy in violation of N.J.S.A. 9:6-8.21(c)(3), and that appellant's name shall be substantiated ... assistant commissioner's decision affirming the ALJ's initial decision. N.J.S.A. 9:6-8.21(c)(3) provides "'[a]bused or neglected child' means a ... child is an 'abused or neglected child' as defined in  N.J.S.A. 9:6-8.21" and the investigation indicates the existence of any one of ... of the record indicates the "(4)" in the citation to N.J.S.A. 9:6-8.21(c)(4) is a typographical error, and that the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	24179

206 A-0NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES INSTITUTIONAL ABUSE INVESTIGATION UNIT - v. T.L - July 27, 2015 -- rank: 620

... defendant's neglect and inadequate supervision of the child per N.J.S.A. 9:6-8.21(c). The DCF informed defendant of the findings and his ... a similarly serious nature requiring the aid of the court . . . . [ N.J.S.A. 9:6-8.21(c)(4)(b)]. See also N.J.A.C. 10 ... is responsible for the care or supervision of the child. [ N.J.S.A. 9:6-8.21(a).] The regulations, effective April 1, 2013, enumerate "aggravating factors ... is grossly negligent and, therefore, constitutes abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b), is a question of law, which we ... befall a child for there to be a violation of N.J.S.A. 9:6-8.21(c)(4)(b)." R.R. , supra , 436 N.J. Super ... v. A.L. , 213 N.J. 1 , 8 (2013) (citing N.J.S.A. 9:6-8.21(c)). Also, "[o]ne act may be substantial or ...

docket:	a0312-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-30
status:	unpublished
citation:
Document Size:	28527

207 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.K. -- rank: 617

... On appeal, defendant raises the following points: a violation of N.J.S.A. 9:6-8.21 c (4)( b ) is not established by a single lapse ... an extended family support system for her children. i. under N.J.S.A. 9:6-8.21 c (4)( b ) medication use as prescribed by a doctor ... the minimum degree of care required of a parent by N.J.S.A. 9:6-8.21 c (4)( b ) was not established when a mother fell ... family. iii. imminent danger of a child becoming impaired under N.J.S.A. 9:6-8.21 c (4)( b ) is not established by a mother falling ... s medication use. iv. a substantial risk of harm under N.J.S.A. 9:6-8.21 c (4)( b ) is not established when a mother could ... Servs. v. I.S. , 202 N.J. 145 , 183 (2010). N.J.S.A. 9:6-8.21(c)(4) provides that an "abused or neglected child" ...

docket:	a1960-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-17
status:	unpublished
citation:
Document Size:	47214

208 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. H.T. -- rank: 617

... care when she did not provide them with proper supervision. N.J.S.A. 9:6-8.21(c)(4)(b). [Defendant] failed to properly supervise her children ... s findings of fact and conclusions of law pursuant to N.J.S.A. 9:6-8.21(c)." Immediately following the fact-finding hearing decision, the court ... the controlling standards for adjudicating cases of abuse or neglect. N.J.S.A. 9:6-8.21 to 8.73; N.J. Div. of Youth & Family Servs ... 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 ... v. A.L. , 213 N.J. 1 , 23 (2013) (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 ...

docket:	a3003-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	unpublished
citation:
Document Size:	33640

209 DIVISION OF YOUTH AND FAMILY SERVICES v. M.L and L.L IN THE MATTER OF D.L a minor -- rank: 617

... complaint and an order to show cause under Title Nine ( N.J.S.A. 9:6-8.21 to -8.73) seeking care, custody and supervision of Douglas ... background, constitutes impairment of a child's "emotional condition" under N.J.S.A. 9:6-8.21(c)(4). A parent has a fundamental right to the ...

docket:	a3749-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-10
status:	unpublished
citation:
Document Size:	41242

210 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.W and T.R. and N.W -- rank: 617

... his child by inflicting excessive corporal punishment, as contemplated by N.J.S.A. 9.6-8.21. On appeal, defendant contends that the 1 N.J.S.A. 9:6-8.21 to -8.73. Title Nine is designed to protect children ... that N.W. was an abused or neglected child under N.J.S.A. 9:6-8.21, as a result of defendant's excessive corporal punishment. This ... N.J.S.A. 9:6- 8.8(a)). Under N.J.S.A. 9:6-8.21(c), an abused or neglected child is a child less ... determined that N.W. was an abused and neglected child, N.J.S.A. 9.6-8.21(c), and her finding was supported by substantial and credible ... degree of care includes 'the infliction of excessive corporal punishment.' N.J.S.A. 9:6-8.21(c)(4). Although '[c]orporal punishment' is not prohibited, ...

docket:	a3877-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-12
status:	Unpublished
citation:
Document Size:	22252