Search Rutgers Law Library N.J. Court Opinions

301 DEPARTMENT OF CHILDREN AND FAMILIES v. U.B. -- rank: 587

... On appeal, Uma argues the definition of child abuse in N.J.S.A. 9:6-8.21(c)(1) describes injuries that create "a substantial risk of ... Division substantiated a finding of abuse against Uma, pursuant to N.J.S.A. 9:6-8.21(c)(4)(b), which, in relevant part, defines an "[a ... which resulted in bruising amounts to excessive corporal punishment under N.J.S.A. 9:6-8.21(c). 5 The Division cites N.J.S.A. 9:6-8.21(c)(4) and argues Uma's actions constituted excessive corporal ... 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 9 ... step-parent like Uma is a parent under the statute. N.J.S.A. 9:6-8.21(a). 6 The child had a pervasive development disorder, ...

docket:	a1240-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-17
status:	unpublished
citation:
Document Size:	40727

302 DIVISION OF CHILD PROTECTION AND PERMANENCY v. Y.G. -- rank: 587

... Bryce) 1 appeals from an adjudication of abuse and neglect, N.J.S.A. 9:6-8.21, arising from the undisputed fact that he and his girlfriend ... support the conclusion that he was a "responsible party" under N.J.S.A. 9:6-8.21, that he had no duty under the statute and that ... care . . . in providing the child with proper supervision or guardianship." N.J.S.A. 9:6-8.21(c)(4)(b). Bryce does not challenge the conclusion that ... of care . . . in providing [Zoe] with proper supervision or guardianship." N.J.S.A. 9:6-8.21(c)(4)(b) . Specifically, Bryce challenges the findings of fact ... of care. The definition of "[p]arent or guardian" under N.J.S.A. 9:6-8.21(a) includes: "any natural parent, . . . paramour of a parent, or ... prohibits a finding that [he] is a responsible party under N.J.S.A. 9:6-8.21" because the term "paramour of a parent" is undefined ...

docket:	a5779-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-18
status:	unpublished
citation:
Document Size:	29386

303 DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.M.M IN THE MATTER OF M.M Y.M.M E.B.W., and E.D.W Minors -- rank: 587

... T. , 423 N.J. Super. 320 , 329 (App. Div. 2011); N.J.S.A. 9:6-8.21 to -8.73. Title Nine provides that, [t]he purpose ... as herein defined, to exercise a minimum degree of care . . . ." N.J.S.A. 9:6-8.21(c). The chief consideration in abuse or neglect cases is ... M.C. , supra , 435 N.J. Super. at 418 (quoting N.J.S.A. 9:6-8.21(c)(4)). While certification for M.C. was pending, our ... that the phrase, "is in imminent danger of becoming impaired," N.J.S.A. 9:6-8.21(c)(4), requires a fact-finding court to consider the ... S.A. 9:6-8.29 of the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. 3 Robin's Nest is an organization ...

docket:	a0619-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	38003

304 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.W. -- rank: 587

... seven-year-old and one-year-old children pursuant to N.J.S.A. 9:6-8.21(c) by failing to adequately supervise them and subjecting them ... N.J.S.A. 9:6-8.44); see also N.J.S.A. 9:6-8.21(c); N.J.S.A. 9:6-8.46(b ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4).] The New Jersey Supreme Court has explained that ... responsibility for the care, custody, or control" of K.S. N.J.S.A. 9:6-8.21(a). S.W.'s argument that Ed became the "parent ...

docket:	a4264-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-27
status:	unpublished
citation:
Document Size:	29485

305 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.R. -- rank: 587

... an order to show cause and verified complaint, pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-21, seeking care ... Definition Of Child Abuse Or Neglect As Set Forth In N.J.S.A. 9:6-8.21(c)(4)(b) and G.S. [v. Dep't of ... a similarly serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c)(4)(b).] Interpreting N.J.S.A. 9:6-8.21(c)(4)(b), our Supreme Court has held that mere ... she abused or neglected J.R. within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b). She argues that because there was no ... defendant abused or neglected J.R. within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b). Defendant contends for the first time ...

docket:	a2060-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-19
status:	unpublished
citation:
Document Size:	40251

306 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:	A1014-07
court:	NJ Superior Court Appellate Division
decided:	2007-11-02
status:	unpublished
citation:
Document Size:	60712

307 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.R.-R. and G.R.-S -- rank: 587

... or neglected Gabriel while he was in their care, per N.J.S.A. 9:6-8.21.6 J.R.-R., 248 N.J. at 364-65 ... App. Div. 1988), the use of which the Court 6 N.J.S.A. 9:6-8.21 provides, in relevant part, that an abused or neglected child ... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(1), (4).] A-1127-20 16 declared was structural ...

docket:	a1127-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-12
status:	Unpublished
citation:
Document Size:	145034

308 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.T. -- rank: 587

... and determined Max abused or neglected his children, pursuant to N.J.S.A. 9:6-8.21(c)(2), N.J.S.A. 9:6-8.21(c)(4)(a), and N.J.S.A. 9:6-8.21(c)(4)(b). The court concluded that Max's failure ...

docket:	a3956-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-19
status:	Unpublished
citation:
Document Size:	43563

309 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.B.D., Jr -- rank: 584

... daughter, M.R.D. (Miranda),1 within the meaning of N.J.S.A. 9:6-8.21(c)(4). The court entered the order after it determined ... 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 ... substantial risk thereof, including the infliction of excessive corporal punishment[.] [ N.J.S.A. 9:6-8.21(c)(2), (3), and (4)(b).] The statute does not require that the child experience actual harm. N.J.S.A. 9:6-8.21(c)(4)(b). Instead, a child is abused or neglected ... placed her in defendant's 'care, custody [and] control[,]' see N.J.S.A. 9:6- 8.21(a), while her grandmother was at a work. There was ...

docket:	a3364-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-24
status:	unpublished
citation:
Document Size:	63945

310 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.H. -- rank: 584

... 2 (Division) evidence was insufficient to meet the requirements of N.J.S.A. 9:6-8.21(c)(4)(b). Additionally, defendant argues the judge's order ... 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 in N.J.S.A. 9:6-8.21(c)(4)(b): "Abused or neglected child" means a child ... provide adequate medical care can also constitute abuse or neglect. N.J.S.A. 9:6-8.21(b)(4)(a). Whether a parent or guardian has engaged ... failed to act with the requisite degree of care under N.J.S.A. 9:6-8.21(c)(4). Although defendant leaving her children in Doug's ...

docket:	a5337-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-30
status:	unpublished
citation:
Document Size:	30133

311 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.J. -- rank: 584

... the children at substantial risk of harm as defined in N.J.S.A. 9:6-8.21(c)(4)(b) and, thus, the father abused or neglected ... and affirm. An 'abused or neglected child' as defined in N.J.S.A. 9:6-8.21(c)(4)(b) includes one whose parent places such child ... father abused or neglected Nate and Natalie as defined by N.J.S.A. 9:6- 8.21(c)(4)(b). The court considered the statements the parents ... sufficient to find he abused or neglected them pursuant to N.J.S.A. 9:6-8.21(c)(4)(b). We understand Natalie denied there was any ...

docket:	a3368-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-12
status:	Unpublished
citation:
Document Size:	20203

312 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.J. -- rank: 584

... ERRED IN FINDING [DEFENDANT] GUILTY OF ABUSE AND NEGLECT UNDER N.J.S.A. 9:6-8[.]21 BECAUSE [THE DIVISION] FAILED TO SHOW BY A PREPONDERANCE OF ... THE COURT'S FINDING THAT [DEFENDANT] IS A PARENT UNDER N.J.S.A. 9:6-8.21 DOES NOT COMPORT WITH THE LEGISLATIVE INTENT OF TITLE 9 ... the child." N.J.S.A. 9:6-2 (quoting N.J.S.A. 9:6-8.21). Defendant contends in Point I that the judge erred in ...

docket:	a1503-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-09
status:	unpublished
citation:
Document Size:	25142

313 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.G. -- rank: 584

... had "abused or neglected" her son, D.G. (David). 1 N.J.S.A. 9:6-8.21(c). The order set forth the judge's determination that ... harm or substantial risk of harm on the child under [ N.J.S.A. 9:6-8.21(c)(4)]." Distinguishing the facts from those presented in the ... risk' of harm to be inflicted." Id. at 22 (citing N.J.S.A. 9:6-8.21(c)(4)(b)). Noting that the Division could meet its ... statutory interpretation: whether a finding of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b) can be based solely on the harm ... gross negligence or recklessness to succeed in a prosecution under N.J.S.A. 9:6-8.21(c)(4)(b)." Id. at 181. The Court held "that ...

docket:	a3393-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-08
status:	unpublished
citation:
Document Size:	26475

314 DEPARTMENT OF CHILDREN AND FAMILIES/INSTITUTIONAL ABUSE INVESTIGATION UNIT v. R.A. -- rank: 584

... a similarly serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c)(4)(b).] Accord N.J.A.C. 10:129 ... is responsible for the care or supervision of the child." N.J.S.A. 9:6-8.21(a). When the DCF determines that an allegation of child ... visible injury constitutes an unreasonable infliction of harm contrary to N.J.S.A. 9:6-8.21(c)(4)(b). Clearly, Dwayne's testimony and that of ... not rise to the level of abuse or neglect under N.J.S.A. 9:6-8.21." Ibid. Here, as in Young , the district did not rely ...

docket:	a0097-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-09
status:	unpublished
citation:
Document Size:	69426

315 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. Y.A. -- rank: 584

... A. (Yasmin) 2 appeals from an order entered pursuant to N.J.S.A. 9:6-8.21 to -8.73 (Title Nine), finding that she abused and ... against the standard applicable to such a proceeding. Pursuant to N.J.S.A. 9:6-8.21 to -8.82, the Division may initiate legal action by ... a similarly serious nature requiring the aid of the court; . . . . [ N.J.S.A. 9:6-8.21(c).] The determination of abuse and neglect is made by ... this proceeding and did not appeal. 4 The Dodd Act, N.J.S.A. 9:6-8.21 to -8.82, provides for emergency removals without a court ...

docket:	a2047-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-11
status:	unpublished
citation:
Document Size:	37933