Search Rutgers Law Library N.J. Court Opinions

286 /usr/local/share/www/libweb/collections/courts/appellate/a1408-14.opn.html -- rank: 592

... 6-8.8(a). Abuse or 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)(b).] The Division bears the burden of proving ... does not require that the child experience actual harm. See N.J.S.A. 9:6-8.21(c)(4)(b); see also Dep't of Children & Families ... been impaired or is in imminent danger of becoming impaired." N.J.S.A. 9:6-8.21(c)(4). The primary focus of the court's evaluation ... E.D.-O. the Court evaluated the plain language of N.J.S.A. 9:6-8.21(c)(4)(b), its legislative history, and the case law ... 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 ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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287 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.U.B. -- rank: 592

... removal of a minor without a court order pursuant to N.J.S.A. 9:6-8.21 to -8.82 known as the Dodd Act. N.J ...

docket:	a2565-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-22
status:	published
citation:	450 N.J.Super. 210 161 A.3d 132
Document Size:	107852

288 /usr/local/share/www/libweb/collections/courts/appellate/a2526-16a2527-16.opn.html -- rank: 592

... W.,2 had committed abuse or neglect in violation of N.J.S.A. 9:6-8.21(c) by housing the sons in a residence that lacked ... impoverished status. 3 A-2526-16T2 I. The portion of N.J.S.A. 9:6-8.21(c) relevant to this case defines an 'abused or neglected ... though offered financial or other reasonable means to do so . . . . [N.J.S.A. 9:6-8.21(c)(4)(emphasis added).] To make a finding of neglect ... statute does not require that a child experience actual harm. N.J.S.A. 9:6-8.21(c)(4); see also N.J. Div. of Youth & Family ... been 'impaired or is in imminent danger of becoming impaired.' N.J.S.A. 9:6-8.21(c)(4). The Supreme Court has instructed that this abuse ... who has suffered harm or faces imminent danger.' Ibid. (citing N.J.S.A. 9:6-8.21(c)(4)). Appellants appropriately remind us that a parent' ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	20435

289 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 A-0 OF CHILD PROTECTION AN -- rank: 589

... child is an "abused or neglected child" as defined in N.J.S.A. 9:6-8.21 and either the investigation indicates the existence of any of ... 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 ... child is an abused or neglected child as defined in N.J.S.A. 9:6-8.21, but evidence indicates that the child was harmed or was ... child is an abused or neglected child as defined in N.J.S.A. 9:6-8.21, and the evidence indicates that a child was not harmed ... 1)-(4).] An "abused or neglected child" is defined in N.J.S.A. 9:6-8.21(c) in pertinent part as follows: "Abused or neglected child ... a similarly serious nature requiring the aid of the court . . . . [ N.J.S.A. 9:6-8.21(c) (emphasis added)]. Here, as is clear from the ...

docket:	a1939-13
court:	NJ Superior Court Appellate Division
decided:	2017-02-02
status:	unpublished
citation:
Document Size:	24635

290 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.G. -- rank: 589

... finding that he abused and neglected two children pursuant to N.J.S.A. 9:6- 8.21(c)(3) and N.J.S.A. 9:6-8.21(c)(4). Because the trial court erred when denying K ... him at imminent harm and substantial risk in violation of N.J.S.A. 9:6- 8.21(c)(4)(b) (the Title Nine proceeding). Because D.J ... found K.G. sexually abused J.C.W., pursuant to N.J.S.A. 9:6- 8.21(c)(3), and abused or neglected J.C.W. and M.G., pursuant to N.J.S.A. 9:6- 8.21(c)(4), by placing them in imminent harm and at ...

docket:	a1556-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-03
status:	Unpublished
citation:
Document Size:	32857

291 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. H.W. -- rank: 589

... things that might be alleged. And this is defined in N.J.S.A. 9:6-8.21(c). And we're really looking at whether the child ... is an abused or neglected child within the meaning of [ N.J.S.A. 9:6-8.21.] I also find one of the other things that place ... to have abused and neglected his or her child" under N.J.S.A. 9:6-8.21. Supra , 408 N.J. Super. at 262 (internal quotation marks ... by his [or her] parent or guardian, as herein defined[.] [ N.J.S.A. 9:6-8.21(c).] A court does not have to wait until a ... does not constitute a Title Nine violation. Ibid. Pursuant to N.J.S.A. 9:6-8.21(c), a child can be abused or neglected if a ...

docket:	a1161-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-18
status:	unpublished
citation:
Document Size:	44718

292 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. R.M. IN THE MATTER OF I.L.C.L., AND I.T. -- rank: 589

... Services (Division) charging her with child neglect as defined by N.J.S.A. 9:6-8.21. This appeal requires us to determine (1) the criteria for ...

docket:	a2081-08
court:	superior court appellate division
decided:	2010-02-05
status:	Published
citation:	411 N.J. Super. 467 986 A.2d 749
Document Size:	52027

293 DIVISION OF YOUTH AND FAMILY SERVICES,1 v. A.F and S.B., and J.M IN THE MATTER OF J.M Minor -- rank: 589

... 21, 2010, along with an order to show cause. See N.J.S.A. 9:6-8.21; N.J.S.A. 30:4C-12. At the return ... that Amy had abused or neglected Jane in violation of N.J.S.A. 9:6-8.21(c)(5). He determined that Amy's refusal to pick ... the law in finding that [Amy] had abandoned [Jane] under N.J.S.A. 9:6-8.21(c)(5) and N.J.S.A. 9:6-1 ... who has been willfully abandoned by his parent or guardian. [ N.J.S.A. 9:6-8.21(c).] Furthermore: Abandonment of a child shall consist in any ...

docket:	a0700-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	21121

294 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.G. -- rank: 589

... two younger sons ("Michael" and "Mitch"), within the meaning of N.J.S.A. 9:6-8.21(c)(4). For the reasons that follow, we reverse the ... Family Part charging the mother with abuse or neglect under N.J.S.A. 9:6-8.21(c). The Division's central contention was that the mother ... not be disturbed." The applicable statute that concerns us here, N.J.S.A. 9:6-8.21(c), defines an abused or neglected child as: a child ... been " impaired or is in imminent danger of becoming impaired." N.J.S.A. 9:6-8.21(c)(4)(b) (emphasis added). The Title Nine analysis is ... were in "imminent danger" of being harmed, as required by N.J.S.A. 9:6-8.21(c)(4). The Division's brief does not directly respond ... removal of a minor without a court order pursuant to N.J.S.A. 9:6-8.21 to -8.82 (the Dodd Act). N.J. Div. ...

docket:	a2240-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-08
status:	unpublished
citation:
Document Size:	33798

295 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. W.R. -- rank: 589

... order finding her conduct amounted to neglect of a child, N.J.S.A. 9:6-8.21(c)(4). She argues the conclusion is not supported by ... found the child was a neglected child as defined by N.J.S.A. 9:6-8.21(c), requiring defendant's name being placed in the central ... of D.M.H. , 161 N.J. 365 , 383 (1999)). N.J.S.A. 9:6-8.21(c) defines an abused or neglected child as a child ... to exercise a minimum degree of care as mandated by N.J.S.A. 9:6-8.21(c). See J.A. , supra , 436 N.J. Super. at ... fails to exercise the minimum degree of care required by N.J.S.A. 9:6-8.21(c)(4) when permitting children to be passengers in a ... time of the fact-finding trial. Such an interpretation of N.J.S.A. 9:6-8.21(c) has explicitly been rejected by the Supreme Court. ...

docket:	a0024-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-01
status:	unpublished
citation:
Document Size:	29121

296 DIVISION OF YOUTH AND FAMILY SERVICES v. L.D.-S IN THE MATTER OF THE GUARDIANSHIP OF L.A.D.S a Minor -- rank: 587

... finding of abuse or neglect in the Title 9 proceeding, N.J.S.A. 9:6-8.21 to - 8.70, DYFS did not have the authority to ... complaint for custody of L.A.D.S. pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. During defendant ... 2008, seeking custody of L.A.D.S. pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. Thus, since ... to the Dodd Act, which, as amended, is found at N.J.S.A. 9:6-8.21 to -8.82. 5 That transcript is not part of ...

docket:	a5841-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-10
status:	Published
citation:
Document Size:	74606

297 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.B. -- rank: 587

... daughter was an abused or neglected child, as defined by N.J.S.A. 9:6-8.21(c)(3), after the trial court found that defendant had ... governed by Title 9, which is designed to protect children. N.J.S.A. 9:6-8.21 to -8.73; N.J.S.A. 9:6-8 ... be committed an act of sexual abuse against the child.' N.J.S.A. 9:6-8.21(c)(3). At a fact-finding hearing, the Division must ...

docket:	a0470-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-07
status:	Unpublished
citation:
Document Size:	44747

298 DIVISION OF YOUTH AND FAMILY SERVICES T.L. IN THE MATTER OF F.L -- rank: 587

... F.L. was an abused or neglected child based on N.J.S.A. 9:6-8.21(c)(4), which defines a child as abused or neglected ... a similarly serious nature requiring the aid of the court[.] N.J.S.A. 9:6-8.21(c)(3) also defines a child as abused or neglected ... fell within the definitions of abuse or neglect contained in N.J.S.A. 9:6-8.21 and 9:6-8.84. The judge later conducted a ... conduct, which amounted to abuse or neglect as defined by N.J.S.A. 9:6-8.21(c) and N.J.S.A. 9:6-8.84 ...

docket:	a0506-11
court:	NJ Superior Court Appellate Division
decided:	2012-06-08
status:	unpublished
citation:
Document Size:	16248

299 DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.M and F.K IN THE MATTER OF T.K and N.K Minors -- rank: 587

... for custody, care and supervision of the children pursuant to N.J.S.A. 9:6-8.21 to -8.106 and N.J.S.A. 30:4C ... amended verified complaint for custody, care, and supervision pursuant to N.J.S.A. 9:6-8.21 to -8.106 and N.J.S.A. 30:4C ... S., from I.S. following an emergency removal pursuant to N.J.S.A. 9:6-8.21 to -8.106 and N.J.S.A. 30:4C ... Division's emergency removal of children under the Dodd Act, N.J.S.A. 9:6-8.21 to 8.82. 6 The Division also erroneously relies on ...

docket:	a1262-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-05-05
status:	Published
citation:
Document Size:	33104

300 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.H. and K.H. -- rank: 587

... T.H. an abused or neglected child as defined by N.J.S.A. 9:6-8.21. At that time, the trial judge entered an order requiring ... T.H. an "abused or neglected child," as defined by N.J.S.A. 9:6-8.21. In its emergent motion submitted to us last week, the ... parent or guardian . . . to exercise a minimum degree of care ," N.J.S.A. 9:6-8.21(c)(4)(emphasis added). The lower and broader standard in ... that the legal rights of such children are fully protected." N.J.S.A. 9:6-8.21. We remand for the vacating of that part of the ...

docket:	A1013-07
court:	NJ Superior Court Appellate Division
decided:	2007-11-02
status:	unpublished
citation:
Document Size:	60712