Search Rutgers Law Library N.J. Court Opinions

16 DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES v. S.G. -- rank: 759

... ALJ held the video was admissible for its truth under N.J.S.A. 9:6-8.46(a)(4). The ALJ issued a written initial decision on ... burden to prove abuse by "a preponderance of the evidence." N.J.S.A. 9:6-8.46(b)(1). In such a hearing, "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b)(2); see also N.J. Div. of Youth & Family ... P.W.R. , 205 N.J. 17 , 32 (2011) (quoting N.J.S.A. 9:6-8.46(b)). Although hearsay evidence is generally admissible at an OAL ... Super. 97 , 108 (App. Div. 2006). Due to this difficulty, N.J.S.A. 9:6-8.46(a)(4) provides an exception to the hearsay rule and ... of which the Division failed to satisfy the requirements of N.J.S.A. 9:6-8.46(a)(4). The Division argues that John's statements ...

docket:	a4466-10
court:	NJ Superior Court Appellate Division
decided:	2014-08-05
status:	unpublished
citation:
Document Size:	33417

17 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.Y -- rank: 754

... THE ALLEGED SEXUAL ABUSE WERE NOT CORROBORATED. AS REQUIRED UNDER N.J.S.A. 9:6[-]8.46(A)(4) AND THEREFORE DCPP DID NOT PROVE BY THE ... governed by statute, court rule, and the rules of evidence. N.J.S.A. 9:6-8.46(b) provides that only 'competent, material and relevant' evidence may ... must be proved by 'a preponderance of the evidence.' Further, N.J.S.A. 9:6-8.46(a)(3) provides that business records of any hospital, public ... affect its weight, but they shall not affect its admissibility.' N.J.S.A. 9:6-8.46(a)(3). The ACHC Report Rule 5:12-4(d ... 344 (App. Div. 1969). Thus, the report was admissible under N.J.S.A. 9:6-8.46(a)(3) and N.J.R.E. 803(c)(6 ... of any 'condition, act, transaction, occurrence or event' reflected therein. N.J.S.A. 9:6-8.46(a)(3). Further, the conclusions drawn from the facts ...

docket:	a4216-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-13
status:	Unpublished
citation:
Document Size:	38895

18 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.B. -- rank: 743

... J.B. was in K.B.'s care pursuant to N.J.S.A. 9:6-8.46(a)(2) and Rule 5:12-4(d) based upon ... 2) only competent, material and relevant evidence may be admitted.' N.J.S.A. 9:6-8.46(b). In this case, under its theory of abuse and ... responsibility of such person is an abused or neglected child. [N.J.S.A. 9:6-8.46(a)(2).] We have characterized this statutory provision as deriving ... relevant time frame. Instead, the trial judge appropriately relied on N.J.S.A. 9:6-8.46(a)(2) in concluding that the Division had made out ... of the acts or omissions of the parent or guardian.' N.J.S.A. 9:6-8.46(a)(2). Although Dr. Medina's expert opinion was somewhat ... Title 9. To make out a prima facie case under N.J.S.A. 9:6-8.46(a)(2), the Division must prove more than a ...

docket:	a3595-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-07
status:	Unpublished
citation:
Document Size:	38499

19 /usr/local/share/www/libweb/collections/courts/appellate/a2168-19.opn.html -- rank: 732

... burden through the admission of 'competent, material and relevant evidence.' N.J.S.A. 9:6-8.46(b); N.J. Div. of Youth & Fam. Servs. v. P ... abuse finding. R.J. argues, however, that the judge 'misapplied' N.J.S.A. 9:6-8.46(a)(4) by relying upon Claire's out-of-court ... A., 357 N.J. Super. 155, 166 (App. Div. 2003). N.J.S.A. 9:6-8.46(a)(4) provides when the Division alleges abuse and neglect ... a child's hearsay statement has been sufficiently corroborated under N.J.S.A. 9:6- 8.46(a)(4). See N.J. Div. of Child Prot. & Permanency ... 2018). To establish corroboration of a child's statement under N.J.S.A. 9:6- 8.46(a)(4), '[s]ome direct or circumstantial evidence beyond the ... sufficient corroboration for Claire's statements to be admissible under N.J.S.A. 9:6- 8.46(a)(4) is de novo. A.D., 455 N. ...

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20 /usr/local/share/www/libweb/collections/courts/appellate/a4937-15.opn.html -- rank: 724

... sufficient to make a fact finding of abuse and neglect.' N.J.S.A. 9:6-8.46(a)(4). 'Thus, a child's hearsay statement may be ... may serve as corroboration of a child's statements under N.J.S.A. 9:6-8.46(a)(4). See N.J. Div. of Child Prot. & Permanency ... 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 ... D.R.'s statements in the report were admissible under N.J.S.A. 9:6-8.46(a)(4), and in any event were repetitive of ...

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court:	NJ Superior Court Law/Chancery Division
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21 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. P.H. and FATHER OF N.H whomsoever he may be and R.H -- rank: 721

... statements were 'inadmissible hearsay unless they are corroborated' pursuant to N.J.S.A. 9:6-8.46(a)(4), and reserved the right to argue the issue ... s statements to Figueroa had not been corroborated pursuant to N.J.S.A. 9:6- 8.46(a)(4). She argued the children had 'suffered no proven ... and Martinez to be credible. The judge held that under N.J.S.A. 9:6-8.46(a)(4), Richard's out-of-court statements were admissible ... S ALLEGATIONS OF ABUSE WERE NOT CORROBORATED AS REQUIRED BY N.J.S.A. 9:6-8.46(a)(4) AND THEREFORE CANNOT SUPPORT THE TRIAL COURT’S ... the admission of 'competent, material and relevant evidence.' Ibid. (quoting N.J.S.A. 9:6- 8.46(b)). 'Whether a parent or guardian has failed to exercise ... sufficient to make a fact finding of abuse or neglect.' N.J.S.A. 9:6-8.46(a)(4); see also N.J. Div. of Child ...

docket:	a0162-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-01
status:	Unpublished
citation:
Document Size:	37044

22 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. D.E.J. -- rank: 716

... relevant evidence" to support the court's findings, pursuant to N.J.S.A. 9:6-8.46(b). Id. at 9-10. Specifically, defendant contended that the ... trial court misapplied the special evidence provisions set forth in N.J.S.A. 9:6-8.46(a) and in Rule 5:12, applicable in litigation brought ... of the hospital and the correspondence secretary, as required by N.J.S.A. 9:6-8.46(a). Id. at 24. We further noted that it was ... knowledge of the facts contained in the record"); see also N.J.S.A. 9:6-8.46(a) (noting that "lack of personal knowledge of the making ... ultimately, their ability to be considered competent, material evidence." Although N.J.S.A. 9:6-8.46(a) instructs that hospital record certifications "shall be accompanied" with ... abuse or neglect by a preponderance of the evidence. See N.J.S.A. 9:6-8.46(b). 6 Pursuant to N.J.S.A. 9: ...

docket:	a1163-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-13
status:	unpublished
citation:
Document Size:	49777

23 DCPP VS. E.M., J.C., K.G. AND L.G., IN THE MATTER OF E.CM. -- rank: 697

... of the acts or omissions of the parent or guardian.' N.J.S.A. 9:6-8.46(a). In New Jersey Division of Child Protection & Permanency v ... the acts or omissions of the parent or guardian.' See N.J.S.A. 9:6-8.46(a). The trial judge explained the phrase 'other than accidental ... of the acts or omissions of the parent or guardian.' N.J.S.A. 9:6-8.46(a). This element is entirely absent from this case. During ... the acts or omissions of the parent or guardian.' See N.J.S.A. 9:6-8.46(a). In his oral opinion, the trial judge found Juan ... stated, mistakenly found the Division satisfied its burden pursuant to N.J.S.A. 9:6-8.46(a). Because the record does not contain sufficient credible evidence ...

docket:	a4013-21
court:	appellate
decided:	2024-05-02
status:	Unpublished
citation:
Document Size:	40347

24 DIVISION OF YOUTH AND FAMILY SERVICES v. E.S. and C.B. -- rank: 694

... long as it meets the admissibility requirements set forth in N.J.S.A. 9:6-8.46(a)(3). P.W.R. , supra , 205 N.J. at ... the child in relating any allegations of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). However, a statement by the minor victim alone ... neglect. P.W.R. , supra , 205 N.J. at 33; N.J.S.A. 9:6-8.46(a)(4). The child's accusation must be corroborated by ... evidence that a child . . . is an abused or neglected child." N.J.S.A. 9:6-8.46(a)(2). On this appeal, E.S. contends that I ... B. WAS NOT SUPPORTED BY COMPETENT EVIDENCE AS REQUIRED BY N.J.S.A. 9:6-8.46(b). II. THE COURT ERRED IN RELYING UPON THE UNSWORN ... See P.W.R. , supra , 205 N.J. at 33; N.J.S.A. 9:6-8.46(a)(4). In fairness to defendants, she required K. ...

docket:	a4426-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-05
status:	unpublished
citation:
Document Size:	39542

25 /usr/local/share/www/libweb/collections/courts/supreme/a5785-14.opn.html -- rank: 694

... it sought the report's admission in evidence pursuant to N.J.S.A. 9:6-8.46(b) and Rule 5:12-4(d). Although defense counsel ... governed by statute, court rule, and the rules of evidence. N.J.S.A. 9:6-8.46(b) provides that only "competent, material and relevant" evidence may ... must be proved by "a preponderance of the evidence." Further, N.J.S.A. 9:6-8.46(a)(3) states, in pertinent part that any writing, record ... 344 (App. Div. 1969). Thus, the reports were admissible under N.J.S.A. 9:6-8.46(a)(3) and Rule 5:12-4(d). Since the ... of any "condition, act, transaction, occurrence or event" reflected therein. N.J.S.A. 9:6-8.46(a)(3). Further, the conclusions drawn from the facts set ... by a preponderance of the "competent, material and relevant evidence[.]" N.J.S.A. 9:6-8.46(b); N.J. Dep't of Children & Families, Div. ...

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court:	NJ Superior Court Law/Chancery Division
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26 DIVISION OF YOUTH AND FAMILY SERVICES v. E.S. and C.B. -- rank: 694

... long as it meets the admissibility requirements set forth in N.J.S.A. 9:6-8.46(a)(3). P.W.R. , supra , 205 N.J. at ... the child in relating any allegations of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). However, a statement by the minor victim alone ... neglect. P.W.R. , supra , 205 N.J. at 33; N.J.S.A. 9:6-8.46(a)(4). The child's accusation must be corroborated by ... evidence that a child . . . is an abused or neglected child." N.J.S.A. 9:6-8.46(a)(2). On this appeal, E.S. contends that I ... B. WAS NOT SUPPORTED BY COMPETENT EVIDENCE AS REQUIRED BY N.J.S.A. 9:6-8.46(b). II. THE COURT ERRED IN RELYING UPON THE UNSWORN ... See P.W.R. , supra , 205 N.J. at 33; N.J.S.A. 9:6-8.46(a)(4). In fairness to defendants, she required K. ...

docket:	a4427-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-05
status:	unpublished
citation:
Document Size:	39542

27 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. O.W. and G.W -- rank: 694

... v. A.L., 213 N.J. 1, 22 (2013) (citing N.J.S.A. 9:6-8.46(b)). The Division must sustain that burden 'through the admission ... P.W.R., 205 N.J. 17, 32 (2011) (quoting N.J.S.A. 9:6-8.46(b)). In making a determination of abuse and neglect, the ... a preponderance of the evidence at a fact-finding hearing. N.J.S.A. 9:6-8.46(b)(1). Parental rights include the right to take reasonable ... basis for the court's finding of abuse or neglect. N.J.S.A. 9:6- 8.46(a)(4); see also N.J. Div. of Child Prot ... facie evidence of abuse or 16 A-0727-20 neglect. N.J.S.A. 9:6-8.46(a)(2). However, '[a] child's statement need only be ...

docket:	a0727-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-25
status:	Unpublished
citation:
Document Size:	41825

28 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.W IN THE MATTER OF T.L a minor March 12, 2014 -- rank: 681

... J.S.A. 9:6-8-21(c)(4) and N.J.S.A. 9:6-8.46(a)(1). Mother, arguing the reports were not admissible, cites ... in proof of that condition, act, transaction, occurrence or event," N.J.S.A. 9:6-8.46(a)(3), "provided it meets certain admissibility requirements akin to ... sufficient to make a fact finding of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). Under these provisions, "a child's hearsay statement ... child of, or the responsibility of, the parent or guardian." N.J.S.A. 9:6-8.46(a)(1). The judge's conclusion is further supported by ...

docket:	a4380-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-12
status:	unpublished
citation:
Document Size:	65441

29 DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.K. -- rank: 681

... and "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b); see also P.W.R. , supra , 205 N.J ... 352 N.J. Super. 245 , 262 (App. Div. 2002) (quoting N.J.S.A. 9:6-8.46(b)). 5 N.J.S.A. 30:4C-12. 6 ...

docket:	a0553-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-09
status:	unpublished
citation:
Document Size:	45510

30 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.W. -- rank: 681

... J.S.A. 9:6-8-21(c)(4) and N.J.S.A. 9:6-8.46(a)(1). Mother, arguing the reports were not admissible, cites ... in proof of that condition, act, transaction, occurrence or event," N.J.S.A. 9:6-8.46(a)(3), "provided it meets certain admissibility requirements akin to ... sufficient to make a fact finding of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). Under these provisions, "a child's hearsay statement ... child of, or the responsibility of, the parent or guardian." N.J.S.A. 9:6-8.46(a)(1). The judge's conclusion is further supported by ...

docket:	a4411-11xx
court:	NJ Superior Court Appellate Division
decided:	2014-03-12
status:	unpublished
citation:
Document Size:	65405