Search Rutgers Law Library N.J. Court Opinions

91 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. C.F. -- rank: 697

... June 23, 2009, the Division filed a verified complaint under N.J.S.A. 9:6-8.21 to -8.73 (Title Nine). That same day, a Family ... the infliction of emotional harm in two subsections. First, under N.J.S.A. 9:6-8.21(c)(1), the definition includes a child whose parent "inflicts ... we nor our Supreme Court have ever approved reliance on N.J.S.A. 9:6-8.21(c)(1) in the absence of physical injury. We must ... Accordingly, given the absence of physical injury to the children, N.J.S.A. 9:6-8.21(c)(1) is inapplicable. Second, the definition of an abused or neglected child in N.J.S.A. 9:6-8.21(c)(4)b includes: a child whose physical, mental, or ... supervision" and by her "unreasonably inflicting" emotional harm on them. N.J.S.A. 9:6-8.21(c)(4). The evidence also indicated that Mother failed ...

docket:	a2562-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-22
status:	unpublished
citation:
Document Size:	49392

92 DEPARTMENT OF CHILDREN AND FAMILIES, INSTITUTIONAL ABUSE INVESTIGATION UNIT v. D.B. -- rank: 697

... to Health and Welfare is not established, in accordance with N.J.S.A. 9:6-8.21. No adjudicative findings have been made, as the Institutional Abuse ... Bruises, Welts and Abrasions is not established in accordance with N.J.S.A. 9:6-8.21. No adjudicative findings have been made. The Institutional Abuse Unit ... consistent with the agency’s mandated responsibilities under Title Nine, N.J.S.A. 9:6-8.21 to -8.73." "It is settled that '[a]n administrative ... 101 S. Ct. 400 , 66 L. Ed.2d 245 (1980). N.J.S.A. 9:6-8.21(c) provides in pertinent part the definition of an abused ... constitutes failure to "exercise a minimum degree of care" under N.J.S.A. 9:6-8.21(c)(4). G.S. , supra , 157 N.J. at 178 ... 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 ...

docket:	a5434-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-19
status:	unpublished
citation:	443 N.J.Super. 431 129 A.3d 332
Document Size:	53200

93 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.J. -- rank: 694

... 2012. He found that Mary had medically neglected Tina under N.J.S.A. 9:6-8.21(c)(4)(b) "based upon her refusal to consent to ... Mary asserts that "[a] finding of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4) cannot be sustained against [her] based solely on ... the controlling standards for adjudicating cases of abuse and neglect. N.J.S.A. 9:6-8.21 to -8.73; Dep't of Children & Families, Div. of ... 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 ...

docket:	a1571-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-05
status:	unpublished
citation:
Document Size:	38165

94 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S. -- rank: 692

... committed abuse or neglect of a child in violation of N.J.S.A. 9:6-8.21 (c)(4)(b). The trial court's finding was based ... and her half-brother, D.F., Jr., in violation of N.J.S.A. 9:6-8.21(c)(4)(b). With respect to D.F., Sr., the ... had committed abuse or neglect of Karen in violation of N.J.S.A. 9:6-8.21(c)(4)(b). Specifically as to defendant, Judge Lipton concluded ... F., Sr.] after becoming aware of [the sexual] abuse" violated N.J.S.A. 9:6-8.21(c)(4)(b), which has no requirement to show a ... a similarly serious nature requiring the aid of the court[.] [ N.J.S.A. 9:6-8.21(c)(4)(b).] The phrase "minimum degree of care," as ... 8 (emphasis in original deleted and new emphasis added) (citing N.J.S.A. 9:6-8.21). 6 A parent or guardian "fails to exercise a ...

docket:	a6190-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	49729

95 NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES v. J.S. -- rank: 692

... 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 ... a child is an abused or neglected child pursuant to N.J.S.A. 9:6-8.21. A finding of either not established or unfounded shall constitute ... child is not an abused or neglected child pursuant to N.J.S.A. 9:6-8.21. [ N.J.A.C. 3A:10-7.3(c)-( ...

docket:	a3840-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-04
status:	unpublished
citation:
Document Size:	41068

96 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.W. and C.C. III -- rank: 689

... court-ordered substance abuse treatment. The first guardianship 2 See N.J.S.A. 9:6-8.21 to -8.82; N.J. Div. of Youth & Fam. Servs ...

docket:	a2210-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	29925

97 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. E.A and P.A, -- rank: 689

... sixteen-year- old daughter E.A. (Evelyn) in violation of N.J.S.A. 9:6-8.21(c) by engaging in acts of sexual abuse.1 Because ...

docket:	a0503-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-22
status:	Unpublished
citation:
Document Size:	22712

98 IN THE MATTER OF THE MINOR CHILDREN J.E. AND J.C. -- rank: 687

... whether, under N.J.S.A. 9:6-1 and N.J.S.A. 9:6-8.21(c), the children were abandoned, abused or neglected by one ... a similarly serious nature requiring the aid of the court. [ N.J.S.A. 9:6-8.21(c).] J.E.’s and J.C.’s ... cause[d] . . . protracted impairment of physical or emotional health[.]” N.J.S.A. 9:6-8.21(c)(1). This court therefore concludes that the boys’ stepmother ... fits squarely within the statutory definition of abuse and neglect. N.J.S.A. 9:6-8.21(c)(4). The father’s abuse and neglect did not ... nothing to protect them from the abuse by their stepmother. N.J.S.A. 9:6-8.21(c)(4)(b). Because the boys were abandoned, abused, and ...

docket:	fd-01-1286-13
court:
decided:	2013-04-19
status:
citation:	432 N.J.Super. 361 74 A.3d 1013
Document Size:	60152

99 New Jersey Division of Child Protection v. N.T. -- rank: 687

... II. Before considering Stepfather's claims, some background is necessary. N.J.S.A. 9:6-8.21(c)(4) defines an "[a]bused or neglected child" to ... R.E. 801(d)). In 1974, in its act creating N.J.S.A. 9:6-8.21 through -8.73 (Title 9), the Legislature included N.J ... V.'s "physical, mental, or emotional condition has been impaired." N.J.S.A. 9:6-8.21(c)(4). Thus, the trial court apparently "ascribed almost determinative ... of impairment of J.V.'s mental or emotional condition. N.J.S.A. 9:6-8.21(c)(4). Thus, we cannot say that reversal precluding a ...

docket:	a1008-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	published
citation:	445 N.J.Super. 478 139 A.3d 108
Document Size:	70568

100 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.Y. et al. -- rank: 687

... of Bobby, Ethan and Jane pursuant to the provisions of N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. The order ... of residence is exclusively derived from two separate statutory schemes, N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30:4C ...

docket:	A1898-01
court:	NJ Superior Court Appellate Division
decided:	2002-06-11
status:	published
citation:
Document Size:	57605

101 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 JERSEY OF CHILD PROTECTION -- rank: 687

... to exercise a minimum degree of care in supervising them. N.J.S.A. 9:6-8.21(c)(4)(b), -8.44, -8.46(b). 1 L ... In E.D.-O. , the Court rejected our reading of N.J.S.A. 9:6-8.21(c)(4)(b) in M.C. , which interpreted the same ... Division alleged and the judge found neglect as defined in N.J.S.A. 9:6-8.21(c)(4)(b). Title 9 defines an "abused or neglected ... or allowing to be inflicted harm, or substantial risk thereof[.] [ N.J.S.A. 9:6-8.21(c)(4)(b).] Accordingly, Title 9 initially looks for actual ... parent or caretaker constitutes child abuse or neglect pursuant to N.J.S.A. 9:6-8.21(c)(4)(b) requires a determination of whether the child ... minimum degree of care ," the Court explained: "The text of N.J.S.A. 9:6-8.21(c)(4)(b) is designed to capture grossly negligent ...

docket:	a2563-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-20
status:	unpublished
citation:
Document Size:	49197

102 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. J.Y. et al. -- rank: 687

... of Bobby, Ethan and Jane pursuant to the provisions of N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. The order ... of residence is exclusively derived from two separate statutory schemes, N.J.S.A. 9:6-8.21 to -8.73 and N.J.S.A. 30:4C ...

docket:	A1447-01
court:	NJ Superior Court Appellate Division
decided:	2002-06-11
status:	published
citation:	352 N.J. Super. 245 800 A.2d 132
Document Size:	57692

103 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES V. P.H. -- rank: 687

... had not proven abuse and neglect by either parent under N.J.S.A. 9:6-8.21(c)(4). The judge returned the child to his mother ... Michael and Xia were abused or neglected children pursuant to N.J.S.A. 9:6-8.21(c), the trial judge relied upon hospital records from Pam ... 383 (1999)). The Division brought this case under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, the statute covering non-criminal abuse and ... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4).] In determining whether action or inaction constitutes abuse ... J. Super. 320 , 329 (App. Div. 2011). An inquiry under N.J.S.A. 9:6-8.21 should focus on the harm to the child, rather than ... a child at harm may be abuse and neglect under N.J.S.A. 9:6-8.21. Here, the circumstances were that Pam stopped taking her ...

docket:	a1935-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-17
status:	unpublished
citation:
Document Size:	43329

104 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. B.M and J.A. and T.S IN THE MATTER OF C.S a Minor -- rank: 687

... her four-year-old daughter C.S. in violation of N.J.S.A. 9:6-8.21(c)(2) and (c)(4)(b), by leaving her unsupervised ... A. had abused or neglected Clara within the meaning of N.J.S.A. 9:6-8.21(c)(2) and (c)(4)(b). With regard to the ... that a child has been neglected or abused, pursuant to N.J.S.A. 9:6-8.21, the trial judge is to conduct an evidentiary hearing, after ... 6-8.50(a). Abuse and neglect, as defined by N.J.S.A. 9:6-8.21(c), occurs when A-1368-18T1 10 [a] child whose ... a similarly serious nature requiring the aid of the court. [N.J.S.A. 9:6-8.21(c)(4).] The statute does not require that the child experience actual harm. N.J.S.A. 9:6-8.21(c)(4)(b). See N.J. Div. of Youth & ...

docket:	a1368-18
court:	NJ Superior Court Appellate Division
decided:	2019-10-11
status:	Unpublished
citation:
Document Size:	41511

105 /usr/local/share/www/libweb/collections/courts/appellate/a2062-18.opn.html -- rank: 684

... abuse or neglect against defendant A-2062-18T4 4 under N.J.S.A. 9:6-8.21(c). Thereafter, the court entered a dispositional order that, in ... a child was abused or neglected within the meaning of N.J.S.A. 9:6-8.21(c), '[t]he Division bears the burden of proof . . . and ... or allowing to be inflicted harm, or substantial risk thereof. [N.J.S.A. 9:6-8.21(c)(4)(b).] '[T]he phrase 'minimum degree of care ... hearing to address the charge of child sexual abuse under N.J.S.A. 9:6- - 8.21(c)(3). At the time of the hearing, the defendant ... in protecting her from continuing sexual abuse by her stepfather. N.J.S.A. 9:6- 8.21(c)(4)(b). The trial court's error in also ...

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