Search Rutgers Law Library N.J. Court Opinions

1 DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.U.B. -- rank: 1000

... the special evidentiary provision for Title 9 cases codified at N.J.S.A. 9:6-8.46(a)(4), allowing the admission of certain hearsay statements by ... sufficient to make a fact finding of abuse or neglect. [ N.J.S.A. 9:6-8.46(a)(4).] For the reasons that follow, we conclude that ... amendment to Title 30 to extend the hearsay exception in N.J.S.A. 9:6-8.46(a)(4) to future termination proceedings, if it chooses to ... hearsay statements by children that it admitted, over objection, under N.J.S.A. 9:6-8.46(a)(4). The hearsay involved allegations of sexual abuse that ... Division countered that the girls' hearsay allegations were admissible under N.J.S.A. 9:6-8.46(a)(4), and that they had been sufficiently corroborated. After ... unitary and harmonious whole" and, therefore, the hearsay exception of N.J.S.A. 9:6-8.46(a)(4) was applicable to this termination proceeding. The ...

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

2 New Jersey Division of Child Protection v. N.T. -- rank: 886

... E. 803(c)(6), whether the report is offered under N.J.S.A. 9:6-8.46(a)(3), Rule 5:12-4(d), or In re ... R.E. 803(c)(6) and meets the requirements of N.J.S.A. 9:6-8.46(a)(3), Rule 5:12-4(d), or Cope , the ... is offered under N.J.R.E. 803(c)(6), N.J.S.A. 9:6-8.46(a)(3), Rule 5:12-4(d), or Cope , statements ... 8.21 through -8.73 (Title 9), the Legislature included N.J.S.A. 9:6-8.46(a)(3), which provides that in any hearing under Title ... affect its weight, but they shall not affect its admissibility[.] [ N.J.S.A. 9:6-8.46(a)(3) (emphasis added).] "Although [ N.J.S.A. 9:6-8.46(a)(3)'s] phrase 'in the regular course of ...

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

3 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. N.S. and R.B. -- rank: 862

... and "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b)(2). "Under the preponderance standard, 'a litigant must establish ... alone could not sustain a finding of abuse and neglect. N.J.S.A. 9:6-8.46(a)(4) provides that "previous statements made by the child ... evidence that a child . . . is an abused or neglected child[.]" N.J.S.A. 9:6-8.46(a)(2). Further, the statute supports the court's decision ... proofs evincing the abuse or neglect of K.S.N. N.J.S.A. 9:6-8.46(a). Finally, we note the factual questions decided in the ...

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

4 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. N.S. and R.B. -- rank: 862

... and "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b)(2). "Under the preponderance standard, 'a litigant must establish ... alone could not sustain a finding of abuse and neglect. N.J.S.A. 9:6-8.46(a)(4) provides that "previous statements made by the child ... evidence that a child . . . is an abused or neglected child[.]" N.J.S.A. 9:6-8.46(a)(2). Further, the statute supports the court's decision ... proofs evincing the abuse or neglect of K.S.N. N.J.S.A. 9:6-8.46(a). Finally, we note the factual questions decided in the ...

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

5 DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.D. -- rank: 856

... children's statements were corroborated by independent evidence, and asserted N.J.S.A. 9:6- 8.46(a)(4) barred the court's reliance on the statements ... claimed the children's statements, even if properly corroborated under N.J.S.A. 9:6- 8.46(a)(4), were insufficient to support an abuse or neglect ... other and thus supported an abuse or neglect finding under N.J.S.A. 9:6- 8.46(a)(4). The court found the evidence showed defendant used ... burden through the admission of 'competent, material and relevant evidence.' N.J.S.A. 9:6-8.46(b); N.J. Div. of Youth & Family Servs. v. P ... evidence supporting the court's abuse or neglect finding. See N.J.S.A. 9:6-8.46(a)(4). We disagree. 'In matters involving the alleged abuse ... court rule.' L.A., 357 N.J. Super. at 166. N.J.S.A. 9:6-8.46(a)(4) provides that when the Division alleges abuse ...

docket:	a2564-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-27
status:	unpublished
citation:
Document Size:	73296

6 N.J. Div. of Youth & Family Servs. v. A.L. -- rank: 851

... harm to a child by a preponderance of the evidence. N.J.S.A. 9:6-8.46(b). The Division can show actual harm to a newborn ... material and relevant evidence” can be admitted at the hearing. N.J.S.A. 9:6-8.46(b). In a typical case, a number of case management ... harm to a child by a preponderance of the evidence. N.J.S.A. 9:6-8.46(b). The Division can show that a newborn has been ...

docket:	a-28-11
court:	NJ Supreme Court
decided:	2013-02-06
status:
citation:	213 N.J. 1 59 A.3d 576
Document Size:	131880

7 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. W.G.P and J.P. and R.H.C -- rank: 848

... and relevant evidence' that the child is 'abused or neglected . . . .' N.J.S.A. 9:6-8.46(b). The Division must present 'proof of actual harm or ... M.C. III, 201 N.J. 328, 343 (2010) (quoting N.J.S.A. 9:6-8.46(b)). The facts supporting its claim of abuse or neglect must be based on admissible evidence. N.J.S.A. 9:6-8.46(a)(1). Pertinent here, N.J.S.A. 9:6-8.46(a)(3) permits the admission of certain documents as competent ... proofs satisfying certain conditions. More particularly, and in relevant part, N.J.S.A. 9:6-8.46(a)(3) allows the Division to present as competent admissible ... transaction, occurrence[,] or event, or within a reasonable time thereafter[.] [ N.J.S.A. 9:6-8.46(a)(3) (emphasis added).] '[T]he key to the ...

docket:	a2613-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-08
status:	Unpublished
citation:
Document Size:	59269

8 S.C. v. New Jersey Department of Children and Families -- rank: 843

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest ...

docket:	a-57-18
court:	NJ Supreme Court
decided:	2020-05-27
status:
citation:
Document Size:	127452

9 Division of Youth & Family Services v. R.D. -- rank: 829

... and neglect by a preponderance of the evidence.” (citing N.J.S.A. 9:6-8.46(b); N.J. Div. of Youth & Family Servs. v. J ... proceedings are governed by the preponderance of the evidence standard, N.J.S.A. 9:6-8.46(b)(1) (noting that “[i]n a fact-finding ... in respect of the standards for admissibility of evidence. See N.J.S.A. 9:6-8.46 (a) (providing for limited special rules of evidence admissibility in abuse or neglect matters); N.J.S.A. 9:6-8.46(b) (requiring that “only competent, material and relevant evidence ... may be admitted” at abuse or neglect fact-finding hearing); N.J.S.A. 9:6-8.46(c) (requiring that “[i]n a dispositional hearing and ...

docket:	a-2-10
court:	superior court trial
decided:	2011-07-20
status:
citation:
Document Size:	128927

10 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.C. -- rank: 805

... or neglected. N.J.S.A. 9:6-8.44; N.J.S.A. 9:6-8.46(b). Typically, there may be several case management conferences prior ... the fact-finding hearing must be "competent, material and relevant." N.J.S.A. 9:6-8.46(b). N.J.S.A. 9:6-8.50 sets ... hearing the court may consider "only material and relevant evidence." N.J.S.A. 9:6-8.46(c). Notably, the court has multiple alternatives in determining the ... a Title Nine case is "a preponderance of the evidence." N.J.S.A. 9:6-8.46(b)(1). At a fact-finding hearing, "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b)(2). At a dispositional hearing, "only material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(c). The Supreme Court has made it clear that [ ...

docket:	a2030-09
court:	superior court appellate division
decided:	2010-11-22
status:	unpublished
citation:
Document Size:	101585

11 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. T.H. -- rank: 805

... or neglected. N.J.S.A. 9:6-8.44; N.J.S.A. 9:6-8.46(b). Typically, there may be several case management conferences prior ... the fact-finding hearing must be "competent, material and relevant." N.J.S.A. 9:6-8.46(b). N.J.S.A. 9:6-8.50 sets ... hearing the court may consider "only material and relevant evidence." N.J.S.A. 9:6-8.46(c). Notably, the court has multiple alternatives in determining the ... a Title Nine case is "a preponderance of the evidence." N.J.S.A. 9:6-8.46(b)(1). At a fact-finding hearing, "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b)(2). At a dispositional hearing, "only material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(c). The Supreme Court has made it clear that [ ...

docket:	a2095-09
court:	superior court appellate division
decided:	2010-11-22
status:	Unpublished
citation:
Document Size:	101581

12 DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.D. -- rank: 789

... statements, which he contends were not corroborated as required by N.J.S.A. 9:6-8.46(a)(4). Defendant challenges the court's finding that Nancy ... the Division's proofs must be 'competent, material and relevant.' N.J.S.A. 9:6-8.46(b). A Family Court's determination of whether the Division ... that a child's statements were corroborated as required by N.J.S.A. 9:6-8.46(a)(4)). Under N.J.S.A. 9:6-8.46(a)(4), 'previous statements made by the child relating to ... statements are insufficient to support a finding of corroboration under N.J.S.A. 9:6-8.46(a)(4). Id. at 523. We therefore consider whether defendant ... Crisis Unit's discharge summary provide the corroboration required under N.J.S.A. 9:6-8.46(a)(4). Defendant argues the conclusions in the medical ...

docket:	a3127-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-11
status:	published
citation:	455 N.J.Super. 144 188 A.3d 363
Document Size:	82339

13 /usr/local/share/www/libweb/collections/courts/appellate/a2062-18.opn.html -- rank: 781

... v. A.L., 213 N.J. 1, 22 (2013); accord N.J.S.A. 9:6-8.46(b)(1). The Division must meet its burden with 'competent, material and relevant' proofs. N.J.S.A. 9:6-8.46(b). Absent an abuse of discretion, we defer to the ... conclusion that a child's statements were corroborated pursuant to N.J.S.A. 9:6-8.46(a)).5 5 The Division and M.D.C.'s ... sufficient to make a fact finding of abuse or neglect.' N.J.S.A. 9:6-8.46(a)(4) (emphasis added). In our recent decision in A ... legal principles involved in corroborating a child's statement under N.J.S.A. 9:6-8.46(a)(4): A child's statement need only be corroborated ... of corroborative evidence a trial court may rely upon under N.J.S.A. 9:6-8.46(a)(4) are numerous and varied. See Z.P. ...

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court:
decided:
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citation:
Document Size:	58145

14 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.P. and A.H and J.H. and M.E -- rank: 767

... 12 preponderance of the evidence at a fact-finding hearing. N.J.S.A. 9:6- 8.46(b)(1). In these hearings, 'proof of the abuse or ... neglect of any other child' of the parent or guardian. N.J.S.A. 9:6-8.46(a)(1). Such evidence may include 'any writing, record or ... admissibility requirements similar to those of the business records exception. N.J.S.A. 9:6-8.46(a)(3); see also P.W.R., 205 N.J ... basis for the court's finding of abuse or neglect. N.J.S.A. 9:6-8.46(a)(4). Proof of any injuries sustained by the child ... or guardian' is prima facie evidence of abuse or neglect. N.J.S.A. 9:6-8.46(a)(2). 'Excessive corporal punishment' is not defined by statute ... Division's screening and investigation summaries without redacting hearsay statements. N.J.S.A. 9:6-8.46(a) declares admissible as prima facie evidence of its ...

docket:	a4516-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-03
status:	Unpublished
citation:
Document Size:	43307

15 N.J. Division of Youth and Family Services v. G.M. -- rank: 764

... or neglected. N.J.S.A. 9:6-8.44; N.J.S.A. 9:6-8.46(b). Typically, there may be several case management conferences prior ... finding hearing must be “competent, material and relevant.” N.J.S.A. 9:6-8.46(b). N.J.S.A. 9:6-8.50 sets ... court may consider “only material and relevant evidence.” N.J.S.A. 9:6-8.46(c). Notably, the court has multiple alternatives in determining the ... s conclusions must be based on material and relevant evidence, N.J.S.A. 9:6-8.46(b), (c). The witnesses should be under oath and subject ...

docket:	a-6-08
court:
decided:	2009-01-06
status:
citation:	198 N.J. 382
Document Size:	83128