Search Rutgers Law Library N.J. Court Opinions

271 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:	a4427-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-05
status:	unpublished
citation:
Document Size:	39542

272 DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.T. -- rank: 597

... D.T. committed an act of sexual abuse pursuant to N.J.S.A. 9:6-8.21(c)(3)[.]" The present appeal followed. On appeal D.T ... M.C. (III) , 201 N.J. 328 , 343, (2010) (citing N.J.S.A. 9:6-8.21 to -8.73). The purpose animating Title Nine "is to ...

docket:	a1483-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-21
status:	unpublished
citation:
Document Size:	55935

273 DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.M. -- rank: 594

... D.M.'s conduct constituted physical abuse as defined in N.J.S.A. 9:6-8.21. Analogizing the facts of the case to the facts in ... determined that D.M.'s conduct qualified as abuse under N.J.S.A. 9:6-8.21(c)(4) "as [D.M.] knew or should have known ... degree of care includes "the infliction of excessive corporal punishment." N.J.S.A. 9:6-8.21(c)(4). "Corporal punishment" is not prohibited, but Title Nine ... excessive corporal punishment to sustain a finding of abuse under N.J.S.A. 9:6-8.21(c)(4) is "generally fact-sensitive" and "idiosyncratic[,]" P.W ... injure D. amounted to excessive corporal punishment as contemplated under N.J.S.A. 9:6-8.21(c)(4). We acknowledge, as did the Assistant Commissioner, that ...

docket:	a1139-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-22
status:	unpublished
citation:
Document Size:	47711

274 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.W. and W.W IN THE MATTER OF D.W AND W.C.W Minors -- rank: 594

... or allowing to be inflicted harm, or substantial risk thereof[.] [ N.J.S.A. 9:6-8.21(c)(4).] A parent "fails to exercise a minimum degree ... Servs. , 157 N.J. 161 , 181 (1999). An inquiry under N.J.S.A. 9:6-8.21 should focus on the harm to the child, rather than ... harm sufficient for a finding of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4). On the other hand, the evidence in the ... as to Walter. Affirmed in part, reversed in part. 1 N.J.S.A. 9:6-8.21 to -8.73. 2 We use pseudonyms to protect the ...

docket:	a6324-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-11-18
status:	Published
citation:
Document Size:	31347

275 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.P. -- rank: 594

... the issue to be whether the punishment was excessive under N.J.S.A. 9:6-8.21(c)(4)(b). The court concluded it was. The court ... substantial risk thereof, including the infliction of excessive corporal punishment[.] [ N.J.S.A. 9:6-8.21.] The Division must show by a preponderance of the evidence ...

docket:	a3445-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-20
status:	unpublished
citation:
Document Size:	41288

276 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.W. -- rank: 594

... she abused or neglected the child within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b) by using drugs while he was in ... that defendant abused or neglected John within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b). The judge found that defendant's positive ... substantial risk thereof, including the infliction of excessive corporal punishment[.] [ N.J.S.A. 9:6-8.21(c)(4)(b)]. Our Supreme Court has held that "absent ... 168 (2014). Rather, "a finding of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b) require[s] proof that [the mother] unreasonably ... or neglect and there is no evidence of actual harm, N.J.S.A. 9:6-8.21(c)(4)(b) requires proof that the drug use exposed ... a substantial risk" of harm to be inflicted on John. N.J.S.A. 9:6-8.21(c)(4)(b). We are guided by our decision ...

docket:	a0628-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-21
status:	unpublished
citation:
Document Size:	26197

277 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. N.G. -- rank: 594

... 10. Abuse or neglect proceedings are brought under Title Nine, N.J.S.A. 9:6-8.21 to -8.73. The definition of an abused or neglected child is provided in N.J.S.A. 9:6-8.21: c. "Abused or neglected child" means a child less than ... loss or impairment of the function of any bodily organ." N.J.S.A. 9:6-8.21(c). It is undisputed and, indeed, admitted that H.G ... defense counsel, should advise the judge which specific provision of N.J.S.A. 9:6-8.21(c) is expected to be proven by way of defendant ...

docket:	a1359-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-18
status:	unpublished
citation:
Document Size:	41881

278 DIVISION OF YOUTH AND FAMILY SERVICES v. A.K and A.W IN THE MATTER OF P.W. and A.W., minors -- rank: 594

... On November 16, 2007, the Division filed a complaint under " N.J.S.A. 9:6-8.21 et seq. " and N.J.S.A. 30:4C-12 ... for accomplishing those obligations are set forth in Title Nine, N.J.S.A. 9:6-8.21 to -8.73, and Title Thirty, N.J.S.A ...

docket:	a0461-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-07
status:	unpublished
citation:
Document Size:	68938

279 STATE OF NEW JERSEY v. DANYELL FUQUA -- rank: 594

... 6-1, [ N.J.S.A. ] 9:6-3 and [ N.J.S.A. 9:6-8.21] is guilty of a crime of the second degree. [ N ... debauch or endanger or degrade the morals of the child[.]" N.J.S.A. 9:6-8.21 defines "abused or neglected child" and includes: a child whose ... proof of imminent danger and substantial risk of harm. See N.J.S.A. 9:6-8.21(c)(4)(b). A court "need not wait to act ... harm to a child by a preponderance of the evidence. N.J.S.A. 9:6-8.21(c)(4)(b), -8.46(b). [ Id. at 23.] Here ...

docket:	a3364-13
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	unpublished
citation:
Document Size:	39051

280 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.M. -- rank: 594

... conduct was grossly negligent, thus constituting abuse and neglect under N.J.S.A. 9:6-8.21(c)(4). Burt now appeals, arguing that the Division failed ... as Sharon's "guardian," as that term is defined in N.J.S.A. 9:6-8.21(a). Alternatively, Burt argues the Division did not demonstrate he committed child abuse and neglect under N.J.S.A. 9:6-8.21(c)(4) by failing to "exercise a minimum degree of ... with adequate . . . medical . . . care though financially able to do so . . . . [ N.J.S.A. 9:6-8.21(c)(4)(a).] Furthermore, "[t]he analysis in an abuse ... responsibility for the care, custody, or control of a child." N.J.S.A. 9:6-8.21(a). The evidence is also undisputed that Burt's failure ...

docket:	a3235-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-05
status:	unpublished
citation:
Document Size:	30797

281 DIVISION OF YOUTH AND FAMILY SERVICES v. P.W. and M.C.W. IN THE MATTER OF M.W and C.W Minors -- rank: 594

... of abuse and neglect complaints is governed by Title 9, N.J.S.A. 9:6-8.21 to -8.73. The statute is designed to protect children ... 8.8). An "abused or neglected child" is defined in N.J.S.A. 9:6-8.21(c), and the proofs necessary to establish abuse or neglect ... J.S.A. 9:6-8.33. In pertinent part, N.J.S.A. 9:6-8.21(c)(4) defines an "abused or neglected child" as a ... conducting its subsequent fact-finding hearing. The Dodd Act, 6 N.J.S.A . 9:6-8.21 to -8.82 (Act), authorizes the Division to remove a ...

docket:	a6083-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-06-20
status:	Published
citation:
Document Size:	48404

282 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.L. -- rank: 594

... C.K. ("the baby" or "Cory"), 1 in violation of N.J.S.A. 9:6-8.21(c)(4)(b). A similar finding was made against the ... 9 action 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 ... of a [] serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c)(4)(b).] Thus, when "there is no evidence of ... L. , 213 N.J. 1 , 8 (2013) (emphases omitted) (citing N.J.S.A. 9:6-8.21(c)). Whether a parent has engaged in acts of abuse ... imminent danger or at a substantial risk of harm, see N.J.S.A. 9:6-8.21(c)(4)(b), in the manner found by the trial ... Because the trial court's legal conclusion the mother violated N.J.S.A. 9:6-8.21(c)(4)(b) was premised upon the factual finding ...

docket:	a1930-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-08
status:	unpublished
citation:
Document Size:	26507

283 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.P and L.K.S -- rank: 594

... s finding that this conduct constituted abuse or neglect under N.J.S.A. 9:6-8.21(c)(4). Defendant also contends that the trial judge erred ... cause. The Division substantiated defendant for abuse or neglect under N.J.S.A. 9:6-8.21(c)(5) for willfully abandoning M.S. However, the Division ... would proceed under a claim for abuse or neglect under N.J.S.A. 9:6-8.21(c)(4). The trial court held a fact-finding hearing ... comprehensive oral decision concluding that defendant abused or neglected under N.J.S.A. 9:6-8.21(c)(4). The judge stated: [Defendant] willing[ly] and knowingly ... by concluding that she abused or neglected M.S. under N.J.S.A. 9:6-8.21(c)(4); (2) should have applied the Safe Haven Act ... S.A. 9:6-8.46(b). In pertinent part, N.J.S.A. 9:6- 8.21(c)(4) defines an 'abused or neglected child' as: ...

docket:	a1774-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-10
status:	Unpublished
citation:
Document Size:	23257

284 /usr/local/share/www/libweb/collections/courts/appellate/a5310-18.opn.html -- rank: 592

... holding . . . [Fiona] at the fireplace to be a violation of [ N.J.S.A. 9:6-8.21(c)(2). And] . . . that under [ N.J.S.A. 9:6-8.21(c)(3), the Division proved] sexual abuse by a preponderance ... He concluded these incidents were abuse or neglect pursuant to N.J.S.A. 9:6-8.21(c)(4)(B). Our review of a family court's ... J.S.A. 9:6- 8.8(a)). Pursuant to N.J.S.A. 9:6-8.21(c), an abused or neglected child is a child less ... placed the children at substantial risk of harm pursuant to N.J.S.A. 9:6-8.21(c)(4)(B). Affirmed. A-5310-18T2 19 This archive ...

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court:
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Document Size:	31392

285 M.E.R v. J.P.A -- rank: 592

... or both parents was not viable. 3 Specifically, relying upon N.J.S.A. 9:6-8.21(c)(4), 4 the court concluded the father had not ... H.S.P. , supra , 223 N.J. at 213. 4 N.J.S.A. 9:6-8.21(c)(4) provides that an abused or neglected child includes ...

docket:	a5171-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	27995