Search Rutgers Law Library N.J. Court Opinions

61 DCPP VS. E.A.K., ET AL., IN THE MATTER OF M.S-K., ET AL. -- rank: 743

... his live-in girlfriend's son within the meaning of N.J.S.A. 9:6-8.21(c). The orders were perfected for appeal by orders entered ... punishment, sexual abuse, and emotional abuse within the meaning of N.J.S.A. 9:6-8.21(c)(1), (c)(3), and (c)(4)(b).3 First ... doubt that the Division has proven abuse and neglect under [N.J.S.A.] 9:6-8.21(c)(1) with the physical abuse.' In addition, according to ... THE DIVISION] FAILED TO MEET THE BURDEN UNDER THE STATUTE, N.J.S.A. 9:6-8.21. A. The Trial Court Did Not Base Its Decision Upon ... Rights By Making A Finding Of Sexual Abuse Pursuant To N.J.S.A. 9:6-8.21(C)(3) Without Providing Him With Any Notice Of This ... By Making A Finding Of Excessive Corporal Punishment Pursuant To N.J.S.A. 9:6- 8.21(C)(4) Without Providing Him With Any Notice Of ...

docket:	a1110-22a1111-22
court:	appellate
decided:	2024-05-24
status:	Unpublished
citation:
Document Size:	48376

62 DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.W. -- rank: 743

... order to the extent it dismissed DCPP's Title Nine, N.J.S.A. 9:6-8.21 to -8.73, complaint as to Mother's youngest child ... evidence that Alice was an abused or neglected child under N.J.S.A. 9:6-8.21(c)(4) because Mother failed to exercise a minimum degree ... DCPP proved Alice was an abused or neglected child under N.J.S.A. 9:6-8.21(c)(1) because Mother inflicted injuries upon Alice other than ... determined Alice and Anthony were abused or neglected children under N.J.S.A. 9:6-8.21(c)(4)(a) because Mother failed to exercise a minimum ... Anthony, Ralph, and Rebecca were abused or neglected children under N.J.S.A. 9:6-8.21(c)(4) because Mother exposed them to "an environment with ... court's finding that she abused or neglected Alice under N.J.S.A. 9:6-8.21(c)(4) by unreasonably inflicting harm by excessive corporal ...

docket:	a5784-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-18
status:	unpublished
citation:
Document Size:	55731

63 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.B IN THE MATTER OF A.F Minor -- rank: 743

... Twp. Comm. , 140 N.J. 366 , 378 (1995). Title Nine, N.J.S.A. 9:6-8.21 to -8.73, sets forth the controlling standards for adjudicating ... her daughter under both subsections (4)(a) and (5) of N.J.S.A. 9:6-8.21(c). Under N.J.S.A. 9:6-8.21(c)(4)(a), an abused or neglected child is defined ... Family Part failed to address the "imminent danger" element of N.J.S.A. 9:6-8.21(c)(4). Defendant also argues that the "imminent danger" requirement ... also reject defendant's argument regarding the appropriate interpretation of N.J.S.A. 9:6-8.21(c)(4)'s "imminent danger" requirement. Since the initiation of ... a court's inquiry into the "imminent danger" requirement of N.J.S.A. 9:6-8.21(c)(4) properly focuses on the danger posed at ...

docket:	a1162-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	56481

64 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. N.S. and R.B. -- rank: 741

... Servs. , 157 N.J. 161 , 181-82 (1999). We note N.J.S.A. 9:6-8.21(a) defines the terms parent or guardian to include "any ... committed." An "'[a]bused or neglected child'" is defined at N.J.S.A. 9:6-8.21(c) to include a child whose parent or guardian (2 ... either the February 3, 2005 order making findings, pursuant to N.J.S.A. 9:6-8.21(c), or the June 7, 2006 consent order granting KLG ... also implicates our review of the initial finding, pursuant to N.J.S.A. 9:6-8.21(c). IV. We now examine a series of arguments advanced ... 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:	a1338-06
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-14
status:	Published
citation:	412 N.J.Super. 593 992 A.2d 20
Document Size:	120279

65 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. N.S. and R.B. -- rank: 741

... Servs. , 157 N.J. 161 , 181-82 (1999). We note N.J.S.A. 9:6-8.21(a) defines the terms parent or guardian to include "any ... committed." An "'[a]bused or neglected child'" is defined at N.J.S.A. 9:6-8.21(c) to include a child whose parent or guardian (2 ... either the February 3, 2005 order making findings, pursuant to N.J.S.A. 9:6-8.21(c), or the June 7, 2006 consent order granting KLG ... also implicates our review of the initial finding, pursuant to N.J.S.A. 9:6-8.21(c). IV. We now examine a series of arguments advanced ... 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:	a1076-06
court:	New Jersey Superior Court Appellate Division
decided:	2010-04-14
status:	published
citation:	412 N.J. Super. 593 992 A.2d 20
Document Size:	120273

66 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. R.O.1 and A.O and T.A -- rank: 741

... found he abused his niece L.A.O., pursuant to N.J.S.A. 9:6- 8.21(c). The Law Guardian, on behalf of L.A.O ... complaint seeking care and supervision of the children pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C- 12. At the ... judge entered the April 10, 2019 order finding, pursuant to N.J.S.A. 9:6-8.21(c), the Division proved by a preponderance of evidence T ... T.A.] BY WAY OF EXCESSIVE CORPORAL PUNISHMENT ENCOMPASSED IN N.J.S.A. 9:6-8.21(C)(4)(B). [POINT] III. THE COURT'S RESORT IN ... THAT [T.A.] ABUSED [L.A.O.] PURSUANT [T]O N.J.S.A. 9:6- 8.21(C)(4). POINT II[.] THERE WAS NO EVIDENCE OF 'PER ... and it was not initially evident the child was injured. N.J.S.A. 9:6-8.21(c) defines various circumstances that can comprise the abuse ...

docket:	a5598-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-03
status:	Unpublished
citation:
Document Size:	46563

67 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.P., J.D., and D.D and T.D. -- rank: 735

... to make a finding of abuse and neglect pursuant to N.J.S.A. 9:6-8.21.' Defendant also asserts that McColgan's 'opinion constituted a net ... 455 N.J. Super. 144, 156 (App. Div. 2018). Under N.J.S.A. 9:6-8.21(c), an abused or neglected child is a child whose ...

docket:	a0895-21
court:	NJ Superior Court Appellate Division
decided:	2023-01-27
status:	Unpublished
citation:
Document Size:	22396

68 State v. A.L.A. -- rank: 735

... three subsections of Title Nine referenced in that statute, including N.J.S.A. 9:6-8.21(c)(4)’s provision that a child may be ... 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 ... to be guilty of a crime of the fourth degree. N.J.S.A. 9:6-8.21(c)(4), in relevant part, defines an “[a]bused ... whether the beating constituted “excessive corporal 18 punishment” under N.J.S.A. 9:6-8.21, which is undefined in the statute, the court examined existing ...

docket:	a-3-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-10
status:
citation:
Document Size:	58497

69 DEPARTMENT OF CHILDREN AND FAMILIES v. T.M - -- rank: 733

... abuse or neglect, as statutorily defined in Title Nine 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 statute does not require that the child experience actual harm. N.J.S.A. 9:6-8.21(c)(4)(b); see also N.J. Div. of Youth ... been 'impaired or is in imminent danger of becoming impaired . . .' N.J.S.A. 9:6-8.21(c)(4). The 'abuse or neglect' of a child can ... finding 'abuse or neglect' of a child as defined by N.J.S.A. 9:6-8.21(c)(4) where experts concluded that the parents' abusive relationship ... 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 ...

docket:	a0885-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-06
status:	Unpublished
citation:
Document Size:	29816

70 DCPP VS. J.B. AND C.R., IN THE MATTER OF C.D.R., ET AL. -- rank: 733

... 2021 determination they abused or neglected Callie in violation of N.J.S.A. 9:6-8.21(c). The matters were perfected for appeal by an order ... home without a court order, pursuant to the Dodd Act, N.J.S.A. 9:6-8.21 to -8.82. A-0047-22 7 heard testimony as ... Servs. v. T.B., 207 N.J. 294, 309 (2011)). N.J.S.A. 9:6-8.21(c)(4) defines an 'abused or neglected child,' in relevant ...

docket:	a0047-22a0048-22a2073-22
court:	appellate
decided:	2024-06-26
status:	Unpublished
citation:
Document Size:	63093

71 /usr/local/share/www/libweb/collections/courts/appellate/a1795-19.opn.html -- rank: 733

... month-old son, E.D.,2 within the meaning of N.J.S.A. 9:6-8.21. The finding was based on evidence that E.D. accidentally ... 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 ... defendant 'abused or neglected' E.D. within the meaning of N.J.S.A. 9:6- 8.21(c)(4)(b). Based on the testimony of the four ... a similarly serious nature requiring the aid of the court. . . . [N.J.S.A. 9:6-8.21(c)(4)(b).] 'It is difficult to marshal direct evidence ... defendant abused or neglected E.B. within the meaning of N.J.S.A. 9:6-8.21(c)(4)(b) and reject defendant's contentions that the ... did not meet the 'minimum degree of care' required by N.J.S.A. 9:6-8.21(c)(4)(b) was sound. 'When a cautionary act ...

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Document Size:	54547

72 DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.F. -- rank: 730

... and failed to maintain suitable housing within the meaning of N.J.S.A. 9:6-8.21(c)(4). The October 17, 2011 order became final on ... protective services complaint seeking custody of the children pursuant to N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30:4C ... The court concluded that defendants were "clearly . . . in violation of [ N.J.S.A. 9:6-8.21(c)(4)]." On appeal, E.F. argues: POINT I. BECAUSE ... COURT BELOW ERRED IN FINDING A TITLE 9 VIOLATION UNDER N.J.S.A. 9:6-8.21(c)(4)(a). 1. [E.F.] DID NOT FAIL TO ... F.] FAILED TO "EXERCISE A MINIMUM DEGREE OF CARE" UNDER N.J.S.A. 9:6-8.21(c)(4)(b). II. THE DIVISION FAILED TO PROVE THAT ... R. , 435 N.J. Super. 392 , 401 (App. Div. 2014). N.J.S.A. 9:6-8.21(c)(4) provides that an "abused or neglected child" ...

docket:	a5787-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-10
status:	unpublished
citation:
Document Size:	54020

73 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.Y and K.M -- rank: 728

... finding he abused and neglected his daughter 'Heather,' pursuant to N.J.S.A. 9:6-8.21(c)(3) and (4) ('Title 9'), by sexually assaulting her ...

docket:	a3830-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-01
status:	Unpublished
citation:
Document Size:	17380

74 STATE OF NEW JERSEY v. BARTHOLOMEW P MCINERNEY -- rank: 728

... 2 and to persons denoted as "parents or guardians" in N.J.S.A. 9:6-8.21, which was inconsistent with and not limited by reference to ... taken from N.J.S.A. 9:6-2 and N.J.S.A. 9:6-8.21. That portion of the Model Charge is inconsistent with the ... that any reliance on the list of actors found in N.J.S.A. 9:6-8.21 or N.J.S.A. 9:6-2 would be ... Charge and N.J.S.A. 9:6-2 and N.J.S.A. 9:6-8.21. L. 1987, c. 341, §§ 2, 6. Thus, the ... objectives of N.J.S.A. 2C:24-4a and N.J.S.A. 9:6-8.21 to -8.73" that militate against broader incorporation of Title ... broad definition of parent or guardian currently set forth in N.J.S.A. 9:6-8.21. We urge the Supreme Court's Committee on Model ...

docket:	a5292-09
court:	NJ Superior Court Appellate Division
decided:	2012-10-10
status:	published
citation:	428 N.J.Super. 432 54 A.3d 281
Document Size:	61794

75 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.S. -- rank: 725

... Order of the Family Part, which held that, pursuant to N.J.S.A. 9:6-8.21 (c)(4)(b), she had abused and neglected her children ... filed a complaint and order to show cause pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12, seeking custody ... neglected their children by using excessive corporal punishment pursuant to N.J.S.A. 9:6-8:21(c)(4)(b). In so finding, the judge credited Gardner ... DYFS. In determining that M.S. and R.S. violated N.J.S.A. 9:6-8.21(c)(4)(b), the court concluded: . . . [T]he evidence in ... event, her conduct did not constitute abuse or neglect under N.J.S.A. 9:6-8.21(c). We disagree. Title 9 grants DYFS the power to ... services such as removal of the child from the home. N.J.S.A. 9:6-8:21 to 8:73. In order to determine whether a ...

docket:	a2379-09
court:	superior court appellate division
decided:	2010-11-08
status:	unpublished
citation:
Document Size:	40657