Search Rutgers Law Library N.J. Court Opinions

316 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.C. -- rank: 582

... the controlling standards for adjudicating cases of abuse and neglect. N.J.S.A. 9:6-8.21 to -8.73; N.J. Div. of Youth & Family Servs ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4).] The burden is on the Division to prove ... harm." A.L. , supra , 213 N.J. at 23 (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 conduct ... care by recklessly creating "harm, or [the] substantial risk thereof[.]" N.J.S.A. 9:6-8.21(c)(4)(b). Whether a particular event should be classified ... 2012. We will refer to it as "the Division." 2 N.J.S.A. 9:6-8.21 to -8.73. 3 We use pseudonyms for the ...

docket:	a5681-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-10
status:	unpublished
citation:
Document Size:	28121

317 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. H.R. -- rank: 582

... J.S.A. 9:6-8.8). The statutory provisions, N.J.S.A. 9:6-8.21 to -8.73, define the Division's authority to address ... a similarly serious nature requiring the aid of the court . . . . [ N.J.S.A. 9:6-8.21(c)(4).] Whether a parent or guardian has engaged in ... v. A.L. , 213 N.J . 1, 8 (2013) (citing N.J.S.A. 9:6-8.21(c)). On appeal, H.R. argues the evidence is lacking ... which recklessly created "a substantial risk" of harm, pursuant to N.J.S.A. 9:6-8.21(c)(4)(b). Substantial evidence of A.F.'s drug ...

docket:	a3236-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-21
status:	unpublished
citation:
Document Size:	33517

318 OF CHILD PROTECTION AND PERMANENCY v. D.K IN THE MATTER OF N.K., a minor -- rank: 582

... finding he abused his son, Nevin 1 , in violation of N.J.S.A. 9:6-8.21(c)(1), as well as an order prohibiting the father ... the care, custody, and supervision of the child pursuant to N.J.S.A. 9:6-8.21, N.J.S.A. 30:4C-12, and Rule 5 ... that created a substantial risk of death and, thus, under N.J.S.A. 9:6-8.21(c)(1), the father had abused the child. The record ... loss or impairment of the function of any bodily organ . . . . [ N.J.S.A. 9:6-8.21(c)(1).] The burden of proof rests with the Division ... the evidence that the father abused Nevin as defined under N.J.S.A. 9:6-8.21(c)(1). The father next contends that the order of ...

docket:	a5695-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-01-30
status:	Published
citation:
Document Size:	20640

319 /usr/local/share/www/libweb/collections/courts/appellate/a3290-16.opn.html -- rank: 582

... placing her child at substantial risk of harm pursuant to N.J.S.A. 9:6-8.21(c)(4)(b).2 We affirm. The New Jersey Division ... her children at a substantial risk of harm pursuant to N.J.S.A. 9:6- 8.21(c)(4)(b). With regard to Alice, the judge held ... be committed an act of sexual abuse against the child[.]' N.J.S.A. 9:6-8.21(c)(3). The burden is on the Division to prove ... N.J.S.A. 9:6-8.84.] Pursuant to N.J.S.A. 9:6-8.21(a), a '[p]arent or guardian' means 'any . . . paramour of ... in the household, qualified as a 'parent or guardian' under N.J.S.A. 9:6- 8.21(a). Given Alice's statutory status and the proofs adduced ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	25754

320 DIVISION OFCHILD PROTECTION AND PERMANENCY v. A.W. -- rank: 582

... and supervision of A.M.A.F.W. pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. Although defendant ... leaving her unattended at the High Bridge train station. See N.J.S.A. 9:6-8.21. The court found A.M.A.F.W. was placed ...

docket:	a4572-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-14
status:	unpublished
citation:
Document Size:	130378

321 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.K. -- rank: 582

... a fourteen-year-old resident of the Center, contrary to N.J.S.A. 9:6-8.21(c). We affirm. On August 18, 2010, the Department received ... S. was an abused or neglected child, as defined in N.J.S.A. 9:6-8.21(c)(4), and T.K. was responsible for the abuse ... DECIDING THAT J.S. WAS AN ABUSED CHILD PURSUANT TO N.J.S.A. 9:6-8.21(c) WHEN THE RESULTS OF THE INCIDENT [DO] NOT MEET ... 11-3(e)(1)(E). However, we add the following. N.J.S.A. 9:6-8.21(c) provides in pertinent part that a child is "abused ... responsibility for the care, custody or control of a child[.]" N.J.S.A. 9:6-8.21(a). A failure to provide a minimum degree of care ... of Human Servs. , 157 N.J. 161 , 178 (1999). Under N.J.S.A. 9:6-8.21, a person is responsible for the injuries he causes, ...

docket:	a1337-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-23
status:	unpublished
citation:
Document Size:	30342

322 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.H and D.H. -- rank: 582

... abused and neglected J.H. (Jennifer) within the meaning of N.J.S.A. 9:6- 8.21, and a February 24, 2020 order terminating the litigation. We ... of the evidence that Derek abused and neglected Jennifer under N.J.S.A. 9:6- 8.21(c)(3) by acts of sexual abuse, and under N.J.S.A. 9:6-8.21(c)(4)(B) by the physical, mental, and emotional impairment ... TO MAKE A FINDING OF ABUSE AND NEGLECT PURSUANT TO N.J.S.A. 9:6-8.21 WHERE SEVERAL INCONSISTENT HEARSAY STATEMENTS EXIST IN THE RECORD WHICH ... imminent danger.' A.L., 213 N.J. at 18 (citing N.J.S.A. 9:6-8.21(c)(4)). Derek argues that the trial court incorrectly determined ...

docket:	a3308-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-09
status:	Unpublished
citation:
Document Size:	33793

323 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.A. -- rank: 582

... 2010, an abused and neglected child within the meaning of N.J.S.A. 9:6-8.21(c)(4). We affirm. By way of background, J.A ... Servs. v. T.B. , 207 N.J. 294, 303 (2011). N.J.S.A. 9:6-8.21(c)(4) defines an "abused or neglected child" as: a ... a cautionary act is merely negligent, it does not trigger" N.J.S.A. 9:6-8.21(c)(4)(b). T.B. , supra , 207 N.J. at ... of children without a court order under limited, specified circumstances. N.J.S.A. 9:6-8.21 to -8.82. 4 The per curiam majority opinion generally ...

docket:	a6389-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-30
status:	unpublished
citation:
Document Size:	37099

324 /usr/local/share/www/libweb/collections/courts/appellate/a3440-16a3441-16.opn.html -- rank: 579

... 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 ... S.A. 9:6- 8.46(b). In pertinent part, N.J.S.A. 9:6-8.21(c)(4)(a) defines an 'abused or neglected child' as ... A. 18A:38-31. 'The reference to education contained in N.J.S.A. 9:6-8.21(c)(4)(a) concerns parental encouragement to truancy of a ... of imminent danger and substantial risk of harm.' Ibid.; see N.J.S.A. 9:6-8.21(c)(4)(b). That is clearly the case here 9 ... child abuse or neglect under Title 9. The language in N.J.S.A. 9:6-8.21(c)(4) concerning failure 'to exercise a minimum degree of ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	24934

325 /usr/local/share/www/libweb/collections/courts/appellate/a1394-13xx.opn.html -- rank: 579

... the Division charged both parents with abuse or neglect, citing N.J.S.A. 9:6-8.21. At trial, the Division presented testimony from an expert psychologist ... of reversible error and affirm. II. As is relevant here, N.J.S.A. 9:6-8.21(c) defines an "abused or neglected child" as a child ... substantial risk thereof, including the infliction of excessive corporal punishment[.] [ N.J.S.A. 9:6-8:21(c).] "Abuse and neglect cases are generally fact sensitive." N ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	34364

326 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. F.M. -- rank: 579

... the Division charged both parents with abuse or neglect, citing N.J.S.A. 9:6-8.21. At trial, the Division presented testimony from an expert psychologist ... of reversible error and affirm. II. As is relevant here, N.J.S.A. 9:6-8.21(c) defines an "abused or neglected child" as a child ... substantial risk thereof, including the infliction of excessive corporal punishment[.] [ N.J.S.A. 9:6-8:21(c).] "Abuse and neglect cases are generally fact sensitive." N ...

docket:	a1393-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-02
status:	unpublished
citation:
Document Size:	35164

327 DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES - v. E.P -- rank: 579

... mark and minor bruising constitutes "excessive corporal punishment" pursuant to N.J.S.A. 9:6-8.21(c)(4)(b). We affirm. At 8 p.m. on ... a finding of child abuse against E.P. pursuant to N.J.S.A. 9:6-8.21(c)(4)(b), which, in relevant part, defines an "[a ... failure . . . to exercise a minimum degree of care" required by N.J.S.A. 9:6-8.21(c)(4)(b). In G.S. v. Department of Human ... The statutory definition of an "[a]bused or neglected child," N.J.S.A. 9:6-8.21(c)(4)(b), also provides that "the failure . . . to exercise ... at 513. Here, the Division considered the applicable standards of N.J.S.A. 9:6-8.21(c)(4)(b) and G.S. in its final agency ... does not constitute 'excessive corporal punishment' within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b)." There, the Court implicitly recognized that ...

docket:	a4106-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-10
status:	unpublished
citation:
Document Size:	33979

328 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J..J.-H and J.H., F.J., and G.H -- rank: 579

... great-nephew, J.H., 1 by administering excessive corporal punishment, N.J.S.A. 9:6-8.21(c). Defendant does not dispute she struck J.H. with ... 6-8.29, a provision included within the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. 5 A-3991-19 Caseworker Hatten and ... that the child is 'abused or neglected' as defined in N.J.S.A. 9:6-8.21. N.J. Div. of Youth & Family Servs. v. J.Y ... substantial risk thereof, including the infliction of excessive corporal punishment . . . . [ N.J.S.A. 9:6-8.21(c)(4)(b) (emphasis added).] The phrase 'excessive corporal punishment ...

docket:	a3991-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-29
status:	Unpublished
citation:
Document Size:	40019

329 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.J IN THE MATTER OF I.J. and A.B., minors -- rank: 576

... or neglected her children within the meaning of Title Nine, N.J.S.A. 9:6-8.21 to -8.73. On appeal, she argues there was insufficient ... I. , supra , 437 N.J. Super. at 152; see also N.J.S.A. 9:6-8.21 to -8.73. Title Nine is intended to safeguard children ... 2014) (quoting A.L. , supra , 213 N.J. at 28). N.J.S.A. 9:6-8.21(c) provides that a child is "abused or neglected" when ... a similarly serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c)(4)(b).] A parent "fails to exercise a minimum ... 213 N.J. at 22 (third alteration in original) (quoting N.J.S.A. 9:6-8.21(c)(4)(b)).] "Accordingly, Title [Nine] initially looks for actual ... 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 ...

docket:	a5048-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	33319

330 DIVISION OF CHILD PROTECTION AND PERMANENCY,1 v. D.G IN THE MATTER OF J.G. and R.G., minors -- rank: 576

... adjudication of abuse or neglect is governed by Title 9, N.J.S.A. 9:6-8.21 to -8.73, which is designed to protect children who ... 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 ... 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 ... J. Super. at 609 n.2). 4 In pertinent part, N.J.S.A. 9:6-8.21(c)(4)(b) defines an "abused or neglected child" as ...

docket:	a5618-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	56582