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256 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.V. -- rank: 602

... EVIDENCE TO SUPPORT A FINDING OF ABUSE OR NEGLECT UNDER N.J.S.A. 9:6-8.21(c)(4)(b). II. EVEN IF IT IS DETERMINED THAT ... TO THE LEVEL OF TITLE [NINE] ABUSE AND NEGLECT. III. N.J.S.A. 9:6-8.21(c)(4)(b) IS UNENFORCEABLE IN THE CONTEXT OF THIS ... eight uninterrupted hours. 3 That circumstance, in the words of N.J.S.A. 9:6-8.21(c)(4)(b), constitutes abuse or neglect; the child's ... by common sense – the intensity of supervision required by N.J.S.A. 9:6-8.21(c)(b)(4) lessens as a child ages. If the ... the child was abused or neglected within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b). Affirmed. A-2940-17T4 10 This archive ...

docket:	a2940-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-20
status:	Unpublished
citation:
Document Size:	17638

257 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.C. -- rank: 602

... 615 (App. Div. 2010). Abuse or neglect is defined by N.J.S.A. 9:6-8.21(c), in relevant part as follows: "Abused or neglected child ... However, the court's order of November 29, 2012, cited N.J.S.A. 9:6-8.21(c)(4), and not the excessive restraint provision of subsection ... court's findings of fact and conclusions of law. In N.J.S.A. 9:6-8.21(c)(4), "the phrase 'minimum degree of care' refers to ... a minimum degree of care for his protection and safety. N.J.S.A. 9:6-8.21(c)(4)(b). Defendant contends next that the trial court ... misbehavior of her son. She relies on the provision of N.J.S.A. 9:6-8.21(c) that states: No child who in good faith is ... did not support a defense under the quoted provision of N.J.S.A. 9:6-8.21(c). Defendant also argues that the court improperly relied ...

docket:	a2094-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-31
status:	unpublished
citation:
Document Size:	35792

258 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.P. -- rank: 599

... v. M.C. III , 201 N.J. 328 , 343 (2010)); N.J.S.A. 9:6-8.21 to -8.73. Title Nine provides that an abused or ... a similarly serious nature requiring the aid of the court . . . . [ N.J.S.A. 9:6-8.21(c)(4).] A finding of abuse or neglect requires proof ... child." A.L. , supra , 213 N.J. at 8 (quoting N.J.S.A. 9:6-8.21(c)). Imminent danger of impairment and substantial risk of harm ... The Court held that the phrase, "imminent risk of harm," N.J.S.A. 9:6-8.21(c)(4)(b), requires a consideration of the imminent risk ... reject the interpretation of the definition of abuse and neglect, N.J.S.A. 9:6-8.21(c)(4)(b), advanced by the mother that the statute ... S.A. 9:6-8.29 of the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. 3 Defendant did not have any ...

docket:	a0932-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-10
status:	unpublished
citation:
Document Size:	34897

259 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.P. -- rank: 599

... in substantial risk of harm to the children," contrary to N.J.S.A. 9:6-8.21(c)(4)(a). C.P. also appeals from that part ... C.P. had abused or neglected the children, pursuant to N.J.S.A. 9:6-8.21(c)(4)(a). Following a brief dispositional hearing during which ... persons involved in the proceedings.'" Id. at 163-64 (quoting N.J.S.A. 9:6-8.21, may be supported by demonstrating that the parent engaged in ...

docket:	a3590-06
court:	njappellate
decided:	2008-03-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	71245

260 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.C. -- rank: 599

... 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 ...

docket:	a5252-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-09
status:	Published
citation:	456 N.J.Super. 568 196 A.3d 589
Document Size:	46376

261 DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES - v. S.F - -- rank: 599

... an act of child abuse or neglect as defined in N.J.S.A. 9:6-8.21(c)(4)(b), in connection with the incident that occurred ... are substantiated. N.J.S.A. 9:6-8.11. N.J.S.A. 9:6-8.21(c)(4)(b) defines an abused or neglected child as ... providing the child with proper supervision or guardianship . . . ." (Emphasis added). N.J.S.A. 9:6-8.21(a) defines "guardian" to include "any person[] who has assumed ... T. an abused or neglected child within the meaning of N.J.S.A. 9:6-8.21(c) and N.J.A.C. 10:133-1.3 ...

docket:	a6013-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-07
status:	unpublished
citation:
Document Size:	26718

262 DIVISION OF YOUTH AND FAMILY SERVICES v. ROBERT M. and BRENDA M., -- rank: 599

... that the Division failed to prove abuse or neglect under N.J.S.A. 9:6-8.21 et seq. See footnote 1 1 We granted and extended ... the adopted twins, James and Jeziah, were abused children under N.J.S.A. 9:6-8.21 by reason of excessive corporal punishment by defendants. Emphasis was ...

docket:	a6202-00
court:	njappellate
decided:	2002-01-24
status:	published
citation:	347 N.J. Super. 44
Document Size:	65721

263 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANCY v. T.S and D.T -- rank: 599

... negligent handling.' The Family Part issued a written order, citing N.J.S.A. 9:6-8.21(c) and stating The court finds that [Ava] was in ... AS A MATTER OF LAW IN A CASE ANALYSIS UNDER N.J.S.A. 9:6-8.21(c)(1). III. THE TRIAL COURT ERRED IN ITS APPLICATION ... a similarly serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c)(1), (2), and (4).] A-1145-20 16 See ... on a child is accountable under the statute.' Ibid. (quoting N.J.S.A. 9:6-8.21(c)(4)). 'A parent cannot stand by mutely as a ... degree-of-care language of subsection (c)(4)(b) of N.J.S.A. 9:6-8.21, arguing the applicable language is found in subsection (c)(1 ...

docket:	a1145-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-02
status:	Unpublished
citation:
Document Size:	38562

264 DEPARTMENT OF CHILDREN AND FAMILIES, INSTITUTIONAL ABUSE INVESTIGATION UNIT v. M.S. -- rank: 599

... was substantiated regarding [M.S.'s] actions, in accordance with N.J.S.A. 9:6-8.21. [M.S. has] been identified as seriously harming the child ... 161, 175 (1999) and found it to constitute neglect under N.J.S.A. 9:6-8.21(c). This appeal followed. II. A. Our scope of review ... Title Nine controls the determination of abuse and neglect cases. N.J.S.A. 9:6-8.21 to -8.73. The Department relied upon N.J.S.A. 9:6-8.21(c)(4)(b) in concluding that child neglect had occurred ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c).] This court has held that the statutory phrase "minimum ... includes a teacher in the definition of "parent or guardian." N.J.S.A. 9:6-8.21(a). This archive is a service of Rutgers School ...

docket:	a0297-10
court:	NJ Superior Court Appellate Division
decided:	2011-03-28
status:	unpublished
citation:
Document Size:	29702

265 DIVISION OF YOUTH AND FAMILY SERVICES v. M.J. -- rank: 597

... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4).] Pursuant to N.J.S.A. 9:6 ... consider the legal principle of "minimum degree of care," see N.J.S.A. 9:6-8.21(c)(4), as it pertains to the credible evidence in ... evidence to support a finding of abuse and neglect under N.J.S.A. 9:6-8.21(c)(4), the judgment of the trial court is affirmed ... home 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 ... to confirm the nature of those investigations. 5 Title 9, N.J.S.A. 9:6-8.21 to -8.73, governs the adjudication of abuse and neglect ...

docket:	a4915-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-30
status:	unpublished
citation:
Document Size:	47238

266 DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.L. -- rank: 597

... or allowing to be inflicted harm, or substantial risk thereof." N.J.S.A. 9:6-8.21(c)(4)(b). In determining whether action or inaction constitutes ... J. Super. 320 , 329 (App. Div. 2011). An inquiry under N.J.S.A. 9:6-8.21 must focus on the harm to the child, rather than ...

docket:	a1365-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-07
status:	unpublished
citation:
Document Size:	47065

267 OF YOUTH AND FAMILY SERVICES v. T.T IN THE MATTER OF D.T M.T T.L., R.T., and I.T Minors -- rank: 597

... daughter, C.T., constituted abuse and neglect under Title Nine, N.J.S.A. 9:6-8.21 to -8.73. 1 The Division of Youth and Family ... was an abused or neglected child within the meaning of N.J.S.A. 9:6-8.21(c), when subjected to corporal punishment while residing at defendant ... M.C. III , 201 N.J. 328 , 343 (2010) (citing N.J.S.A. 9:6-8.21 to -8.73). The Supreme Court has stated that: The ... substantial risk thereof, including the infliction of excessive corporal punishment[.] [ N.J.S.A. 9:6-8.21(c)(4).] It does not, however, define the term "excessive ... care . . . by unreasonably inflicting . . . excessive corporal punishment" upon C.T. N.J.S.A. 9:6-8.21(c). Even when viewed through the "prism" of the parent ...

docket:	a3092-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-03
status:	unpublished
citation:
Document Size:	39920

268 /usr/local/share/www/libweb/collections/courts/appellate/a1263-18.opn.html -- rank: 597

... 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 ... experts, she found Jack was an abused child pursuant to N.J.S.A. 9:6-8.21(c) and that appellants were 'responsible for the injuries to ... and J.R. were Jack's guardians, as defined by N.J.S.A. 9:6-8.21(a). On appeal, appellants contend the trial court improperly shifted ... or allowing to be inflicted harm, or substantial risk thereof. [N.J.S.A. 9:6-8.21(c)(4)(b).] A parent or guardian is defined by ... the child by causing him serious bodily injury pursuant to N.J.S.A. 9:6-8.21(c)(1) and (4).' Lastly, we are not persuaded that ... R. qualified as Jack's 'guardian' under the meaning of N.J.S.A. 9:6-8.21(a). To the extent we have not addressed appellants' ...

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269 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. C.V. -- rank: 597

... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4).] "Whether a child is 'abused or neglected' is ... omitted).] With respect to the standard of care inquiry under N.J.S.A. 9:6-8.21(c)(4), the Court has explained: Whether a parent or ... failed to exercise the minimum degree of care for Ann. N.J.S.A. 9:6-8.21. Having found neglect in administering medication, we need not consider ... to Jane. Accordingly, in light of the exacting standards of N.J.S.A. 9:6-8.21(c)(4)(a), the trial judge erred by concluding that ... 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 ...

docket:	a5296-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-07
status:	unpublished
citation:
Document Size:	35310

270 DIVISION OF YOUTH AND FAMILY SERVICES v. E.S. and C.B. -- rank: 597

... M. , 189 N.J. 261 , 279 (2007). In pertinent part, N.J.S.A. 9:6-8.21(c)(4) defines an abused or neglected child as: a ... willfully abandoned by his parent or guardian, as herein defined. [ N.J.S.A. 9:6-8.21(c)(4)(b), (5); see also N.J. A.C ... reasonable response to the situation and clearly constituted child abuse. N.J.S.A. 9:6-8.21(c)(4)(b). See M.C. III , supra , 201 N ... to conduct a private examination of a child."). Affirmed. 1 N.J.S.A. 9:6-8.21 to -8.73. 2 The case is ripe for appeal ...

docket:	a4426-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-05
status:	unpublished
citation:
Document Size:	39542