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151 DIVISION OF YOUTH AND FAMILY SERVICES v. V.T. and G.G and R.S IN THE MATTER OF R.S Minor- -- rank: 564

... with a legal duty of care for the minor child. N.J.S.A. 9:6-8.46. "If facts sufficient to sustain the complaint under [Title 9 ... of the acts or omissions of the parent or guardian." N.J.S.A. 9:6-8.46(a)(2). Importantly, "[c]ourts need not wait to act ...

docket:	a2571-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-21
status:	published
citation:	423 N.J. Super. 320 32 A.3d 578
Document Size:	33301

152 DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.M and F.K IN THE MATTER OF T.K and N.K Minors -- rank: 564

... J.R.E. 803(c)(6) and 801(d) and N.J.S.A. 9:6-8.46(3) [sic]." We disagree. Rule 5:12-4(d) states ... to 8.82. 6 The Division also erroneously relies on N.J.S.A. 9:6-8.46(a)(3) to support the admissibility of expert opinions without ... Court's holding that writings or records admitted pursuant to N.J.S.A. 9:6-8.46(a)(3) must "meet[] certain admissibility requirements akin to the ...

docket:	a1262-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-05-05
status:	Published
citation:
Document Size:	33104

153 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. J.C. -- rank: 564

... a Title Nine case is "a preponderance of the evidence." N.J.S.A. 9:6-8.46(b)(1). Title Nine provides that an abused or neglected ... admitted and relied upon hearsay evidence in reaching her decision. N.J.S.A. 9:6-8.46(a)(3) permits the use of Division records at a ... statements by the police officer that were not admissible under N.J.S.A. 9:6-8.46(a)(3) and R. 5:12-4(d). They reported ...

docket:	a4460-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-10
status:	unpublished
citation:
Document Size:	45987

154 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.R. and P.P. -- rank: 562

... prima facie case of abuse or neglect. DYFS argued that N.J.S.A. 9:6-8.46(a)(2) applied, which, based on the evidence, presumes abuse ... applied the rebuttable presumption of abuse or neglect contained within N.J.S.A. 9:6-8.46(a)(2) to his case. He contends that this was ... Div.), certif. denied , 117 N.J. 165 (1989)). Pursuant to N.J.S.A. 9:6-8.46(a)(2), [i]n any hearing under this act, . . . proof ... traditional res ipsa loquitur approach represents the correct interpretation of N.J.S.A. 9:6-8.46(a)(2) as applied . . . where . . . [a] child [is] exposed to ... during her short lifetime, the court acted reasonably in applying N.J.S.A. 9:6-8.46(a)(2) to S.R. After a review of all ...

docket:	a1698-09
court:	NJ Superior Court Appellate Division
decided:	2010-12-03
status:
citation:
Document Size:	38411

155 DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.K. -- rank: 562

... 17, 32, 33 (2011) (emphasis added) (internal citations omitted) (quoting N.J.S.A. 9:6-8.46(a)(4)).] Here, the Family Part relied on the audio ...

docket:	a2734-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Published
citation:	456 N.J.Super. 245 193 A.3d 309
Document Size:	88071

156 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. H.A. -- rank: 562

... investigative summary" was admitted into evidence as P-1. See N.J.S.A. 9:6-8.46(a)(3). The summary chronicled H.A.'s statements, which were admitted without objection. See N.J.S.A. 9:6-8.46(a)(4). The summary also related her conversations with Father ... 412 N.J. Super. 593 , 615 (App. Div. 2010) (quoting N.J.S.A. 9:6-8.46(b)(2)). "In matters involving abuse and neglect of children ...

docket:	a4437-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-22
status:	unpublished
citation:
Document Size:	45671

157 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.S., J.W., and U.J and H.J -- rank: 562

... 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). 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 ...

docket:	a2934-18
court:	NJ Superior Court Appellate Division
decided:	2020-09-28
status:	Unpublished
citation:
Document Size:	30211

158 NEW JERSEY DEPARTMENT OF CHILDREN AND FAMILIES DIVISION OF YOUTH AND FAMILY SERVICES v. R.C. -- rank: 559

... a preponderance of the evidence" at a fact-finding hearing. 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 in the OAL ... statements that he witnessed domestic violence between his parents. Although N.J.S.A. 9:6-8.46(a)(4) allows "previous statements made by the child relating ... Division's contact sheets and case summaries were admissible. See N.J.S.A. 9:6-8.46(a)(3); N.J. Div. of Youth & Family Servs. v ...

docket:	a6381-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-26
status:	unpublished
citation:
Document Size:	44262

159 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.D. and M.D. -- rank: 559

... or neglect of any other child" of the same parents. N.J.S.A. 9:6-8.46. If the court determines that a child is abused or ... or neglected by his parents. We recognize, however, that under N.J.S.A. 9:6-8.46, "proof of the abuse or neglect of one child shall ...

docket:	a5870-06
court:	njappellate
decided:	2008-03-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	116003

160 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. M.G.M. -- rank: 559

... v. P.W.R. , 205 N.J. 17, 32 (2011); N.J.S.A. 9:6-8.46(b). "[A]ny determination that the child is an abused ... and [] only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b). See also N.J. Div. of Youth & Family Servs ... sufficient to make a fact finding of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4) (emphasis added). See also N.J. Div. of ...

docket:	a5338-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-19
status:	unpublished
citation:
Document Size:	31556

161 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.H. -- rank: 559

... neglect must be based on a preponderance of the evidence. N.J.S.A. 9:6-8.46(b)(1). Appellate review of a Family Part court's ... brother's and sister's statements to the Division workers. N.J.S.A. 9:6-8.46(a)(4) provides that a child's previous statement 'relating ... recorded the children's statements. Certainly, A-1224-15T3 13 N.J.S.A. 9:6-8.46(a)(4) does not require that a child's statement ...

docket:	a1224-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-19
status:	unpublished
citation:
Document Size:	25166

162 . A-0 OF CHILD PROTECTION AND PERMANENCY v. T.E. and C.E IN THE MATTER OF Ca.E Cu.E., Ch.E., and Ce.E Minors -- rank: 559

... by a preponderance of the "competent, material and relevant evidence[.]" N.J.S.A. 9:6-8.46(b); see also N.J. Div. of Youth & Family Servs ... not testify at the hearing, her statements were admissible under N.J.S.A. 9:6-8.46(a)(4), which provides that "previous statements made by the ... As we have explained, Carol's statements were admissible under N.J.S.A. 9:6-8.46(a)(4). They were sufficient to sustain a finding of ...

docket:	a1004-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-09-09
status:	Published
citation:
Document Size:	57549

163 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.C. -- rank: 559

... prove abuse or neglect by a preponderance of the evidence. N.J.S.A. 9:6-8.46(b)(1); N.J. Div. of Youth & Family Servs. v ... proving abuse or neglect by a preponderance of the evidence, N.J.S.A. 9:6-8.46(b)(1); N.J. Div. of Youth & Family Servs. v ... in a Title 9 abuse or neglect case pursuant to N.J.S.A. 9:6-8.46(a)(3), Rule 5:12-4(d), and In re ...

docket:	a2094-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-31
status:	unpublished
citation:
Document Size:	35792

164 DIVISION OF YOUTH AND FAMILY SERVICES v. S.W and C.M.W IN THE MATTER OF Z.W a minor -- rank: 556

... statute, court rule and, of course, the rules of evidence. N.J.S.A. 9:6-8.46(b) provides that only "competent, material and relevant evidence" may ... neglect must be proved by a "preponderance of evidence." Further, N.J.S.A. 9:6-8.46(a)(3) states in pertinent part that evidence may include ... proceeding," provided 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 ...

docket:	a5205-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-05
status:	unpublished
citation:
Document Size:	36541

165 DIVISION OF YOUTH AND FAMILY SERVICES v. S.W and M.L. and R.H IN THE MATTER OF C.W AND H.W -- rank: 556

... statute, court rule and, of course, the rules of evidence. N.J.S.A. 9:6-8.46(b) provides that only "competent, material and relevant evidence" may ... neglect must be proved by a "preponderance of evidence." Further, N.J.S.A. 9:6-8.46(a)(3) states in pertinent part that evidence may include ... proceeding," provided 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 ...

docket:	a4266-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-05
status:	unpublished
citation:
Document Size:	36548