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 Results for ("N.J.S.A. 9:6-8.46")   46 to 60 of 679 results. Run time: 0.901 seconds | Search time: 0.894 seconds    
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46 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. N.S.,1 and R.D., P.B., M.B., B.B., P.G and O.S -- rank: 654
... 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). 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: a3821-19
court: NJ Superior Court Appellate Division
decided: 2021-10-05
status: Unpublished
citation:
Document Size: 35513
47 K.P v. DEPARTMENT OF CHILDREN AND FAMILIES -- rank: 651
... not apply to contested abuse or neglect hearings. He cites N.J.S.A. 9:6-8.46 for support. By its terms, N.J.S.A. 9:6-8.46(a) applies to 'any hearing under [Title Nine], including an ... sufficient to make a fact finding of abuse or neglect. [N.J.S.A. 9:6-8.46(a).] A-2686-19 11 We have recognized that judicial ... 352 N.J. Super. 245, 265 (App. Div. 2002) (citing N.J.S.A. 9:6-8.46; R. 5:12-4(d)). However, a fact-finding hearing ... a 'fact-finding hearing,' and, therefore, within the rubric of N.J.S.A. 9:6- 8.46(b)'s limitation of admissibility, i.e., 'only competent, material ... objection, concluding the reports were business records, admissible pursuant to N.J.S.A. 9:6-8.46(a). At trial, Pertesis explained that as Division supervisor, ...
docket: a2686-19
court: NJ Superior Court Appellate Division
decided: 2021-04-12
status: Unpublished
citation:
Document Size: 26264
48 DIVISION OF YOUTH AND FAMILY SERVICES v. IN THE MATTER OF A.R and A.H., minors -- rank: 645
... the Division or DYFS) failed to satisfy the requirement of N.J.S.A. 9:6-8.46 that DYFS corroborate a child's out-of-court statements ... abuse against A.H. were not corroborated as required by N.J.S.A. 9:6-8.46(a)(4) and "therefore cannot form the basis of a ... P.W.R. , 205 N.J. 17 , 32 (2011) (quoting N.J.S.A. 9:6-8.46(b)). Title Nine defines an "abused or neglected child" as ... and "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b). Moreover, "previous statements made by the child relating to ... sufficient to make a fact finding of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). We have described the most reliable types of ... provided by DYFS did not satisfy the corroboration requirement of N.J.S.A. 9:6-8.46(a)(4). As we have noted, the first form ...
docket: a3870-10
court: NJ Superior Court Appellate Division
decided: 2012-05-23
status: unpublished
citation:
Document Size: 48747
49 DIVISION OF YOUTH AND FAMILY SERVICES v. IN THE MATTER OF A.R and A.H., minors -- rank: 645
... the Division or DYFS) failed to satisfy the requirement of N.J.S.A. 9:6-8.46 that DYFS corroborate a child's out-of-court statements ... abuse against A.H. were not corroborated as required by N.J.S.A. 9:6-8.46(a)(4) and "therefore cannot form the basis of a ... P.W.R. , 205 N.J. 17 , 32 (2011) (quoting N.J.S.A. 9:6-8.46(b)). Title Nine defines an "abused or neglected child" as ... and "only competent, material and relevant evidence may be admitted." N.J.S.A. 9:6-8.46(b). Moreover, "previous statements made by the child relating to ... sufficient to make a fact finding of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). We have described the most reliable types of ... provided by DYFS did not satisfy the corroboration requirement of N.J.S.A. 9:6-8.46(a)(4). As we have noted, the first form ...
docket: a3743-10
court: NJ Superior Court Appellate Division
decided: 2012-05-23
status: unpublished
citation:
Document Size: 48747
50 OF YOUTH AND FAMILY SERVICES v. IN THE MATTER OF O.S.S A Minor -- rank: 645
... evidence through the admission of "competent, material and relevant evidence." N.J.S.A. 9:6-8.46(b). Addressing first defendant's challenges to the evidence considered by the Family Part, N.J.S.A. 9:6-8.46(a) provides that abuse or neglect may be proven through ... prima facie evidence of the facts contained in such certification." N.J.S.A. 9:6-8.46(a). Rule 5:12-4(d) provides that DYFS "shall ... hearing the court may consider 'only material and relevant evidence.' N.J.S.A. 9:6-8.46(c)." The Court listed the options available for disposition in ...
docket: a5128-10
court: NJ Superior Court Appellate Division
decided: 2012-04-19
status: unpublished
citation:
Document Size: 41096
51 DIVISION OF YOUTH AND FAMILY SERVICES T.L. IN THE MATTER OF F.L -- rank: 645
... cousins, 1 describing the event were not admissible, pursuant to N.J.S.A. 9:6-8.46(a)(4), because they were not corroborated. We reject this ... by the children to the Division were admissible pursuant to N.J.S.A. 9:6-8.46(a)(4), which declares that "previous statements made by the ... satisfied that the events described by the children actually occurred. N.J.S.A. 9:6-8.46(a)(4) exists to alleviate the necessity of having children ... the child" on whose behalf the action was commenced. See N.J.S.A. 9:6-8.46(a)(4) (emphasis added) (permitting the admission of "previous statements ... 6-8.84. Thus, the term "the child" contained in N.J.S.A. 9:6-8.46(a)(4) encompassed defendant's daughter and her cousins. This ...
docket: a0506-11
court: NJ Superior Court Appellate Division
decided: 2012-06-08
status: unpublished
citation:
Document Size: 16248
52 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.B. -- rank: 643
... out of court statements were not corroborated as required by N.J.S.A. 9:6-8.46(a)(4). He also argues that plaintiff New Jersey Division ... regarding the alleged sexual abuse were corroborated, as required under N.J.S.A. 9:6-8.46(a)(4), by Maria's and Charles' statements about Kelly ... and relevant evidence that a child is abused or neglected. N.J.S.A. 9:6-8.46(b). This burden of proof requires the Division to demonstrate ... action based upon a child's disclosure of sexual abuse, N.J.S.A. 9:6-8.46(a)(4) provides that 'previous statements made by the child ...
docket: a0470-17
court: NJ Superior Court Appellate Division
decided: 2018-12-07
status: Unpublished
citation:
Document Size: 44747
53 /usr/local/share/www/libweb/collections/courts/appellate/a2848-19.opn.html -- rank: 643
... or neglected.' N.J.S.A. 9:6-8.44; N.J.S.A. 9:6-8.46(b). 'Such evidence may include 'any writing [or] record . . . made ... P.W.R., 205 N.J. 17, 32 (2011) (quoting N.J.S.A. 9:6-8.46(a)(3)) (citing N.J. Div. of Youth & Fam. Servs ... by the clinical evaluators at AHCH. The judge noted that N.J.S.A. 9:6-8.46(a)(4) provides in pertinent part that: 'previous statements made ... sexual behavior' can also provide the necessary corroboration required under N.J.S.A. 9:6-8.46(a)(4). Z.P.R., 351 N.J. Super. at ...
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54 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.S and J.S. -- rank: 643
... of the evidence that the child was abused or neglected. N.J.S.A. 9:6-8.46(b). See N.J. Div. of Youth & Family Servs. v ... Court provided guidance for the admission of documentary evidence under N.J.S.A. 9:6-8.46. N.J. Div. of Youth & Family Servs. v. M.C. III , 201 N.J. 328 , 345-46 (2010). N.J.S.A. 9:6-8.46(a)(3) provides in pertinent part that in Title 9 ... affect its weight, but they shall not affect its admissibility[.] [ N.J.S.A. 9:6-8.46(a)(3) (emphasis added).] The Supreme Court observed that the ... M.C. III , supra , 201 N.J. at 346 (quoting N.J.S.A. 9:6-8.46(a)(3)). Further, Rule 5:12-4(d) permits the ... John to Augliera were hearsay, such statements are admissible under N.J.S.A. 9:6-8.46(a)(4). Under N.J.S.A. 9:6- ...
docket: a3554-09
court: NJ Superior Court Appellate Division
decided: 2011-05-12
status: unpublished
citation:
Document Size: 30958
55 DIVISION OF YOUTH AND FAMILY SERVICES v. N.G. -- rank: 643
... M.C. III claimed the medical records were inadmissible under N.J.S.A. 9:6-8.46(a)(3) or Rule 5:12-4(d) and contained ... required by N.J.R.E. 803(c)(6) and N.J.S.A. 9:6-8.46(a)(3), because N.J.S.A. 9:6-8.46(a)(3) requires that "a certification by someone other than ... photocopy might affect the admissibility of the medical records under N.J.S.A. 9:6-8.46(a)(3), N.J.R.E. 803 has no such ... is also authorized in Rule 5:12-4(d) and N.J.S.A. 9:6-8.46(a)(3). However, it is sufficient if the medical records ... 413 N.J. Super. 118 , 131 (App. Div. 2010). Similarly, N.J.S.A. 9:6-8.46(a)(3) has been interpreted in light of N. ...
docket: a2291-12
court: NJ Superior Court Appellate Division
decided: 2015-12-17
status: unpublished
citation:
Document Size: 51448
56 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.B and C.W. and T.B -- rank: 640
... Y.N., 220 N.J. 165, 178-79 (2014) (citing N.J.S.A. 9:6- 8.46(b)). A child may be abused or neglected by inflicting ... sufficient to make a fact finding of abuse or neglect.' N.J.S.A. 9:6-8.46(a)(4). 'The corroborative evidence need not relate directly to ...
docket: a5119-17
court: NJ Superior Court Appellate Division
decided: 2020-06-04
status: Unpublished
citation:
Document Size: 53344
57 /usr/local/share/www/libweb/collections/courts/appellate/a2823-20.opn.html -- rank: 640
... to prove abuse or neglect when corroborated by other evidence. N.J.S.A. 9:6-8.46; N.J. Div. of Youth & A-2823-20 15 Fam ...
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court: NJ Superior Court Law/Chancery Division
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Document Size: 33668
58 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.M. -- rank: 637
... material, and relevant evidence" by a preponderance of the evidence. N.J.S.A. 9:6-8.46(b); see also N.J. Div. of Youth & Family Servs ... and admissible in determining risk of harm to the child. N.J.S.A. 9:6-8.46(a) states that "proof of the abuse or neglect of ... s statements to the caseworker were sufficiently corroborated. Pursuant to N.J.S.A. 9:6-8.46(a)(4), "previous statements made by the child relating to ... sufficiently corroborated to support a finding of neglect pursuant to N.J.S.A. 9:6-8.46(a)(4). B. We now turn to the substantive issues ... a Title Nine case is "a preponderance of the evidence." N.J.S.A. 9:6-8.46(b)(1). Title Nine provides in relevant part that an ...
docket: a1565-12
court: NJ Superior Court Appellate Division
decided: 2014-01-14
status: unpublished
citation:
Document Size: 42236
59 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.A. -- rank: 637
... long as it meets the admissibility requirements set forth in N.J.S.A. 9:6-8.46(a)(3). Ibid. (quoting N.J.S.A. 9.6-8.46 (a)(3)). The Division is allowed to submit into evidence ... the child relating to any allegations of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). However, a statement by the minor victim alone ... is insufficient to justify a finding of abuse and neglect. N.J.S.A. 9:6-8.46(a)(4); P.W.R. , supra , 205 N.J. at ... The child's accusation must be corroborated by independent evidence. N.J.S.A. 9:6-8.46(a)(4); P.W.R. , supra , 205 N.J. at ... evidence that a child . . . is an abused or neglected child." N.J.S.A. 9:6-8.46(a)(2). On this appeal, E.A. raises the ...
docket: a5681-10
court: NJ Superior Court Appellate Division
decided: 2012-12-27
status: unpublished
citation:
Document Size: 39805
60 A-0838-11T3 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.A. and E.A IN THE MATTER OF L.A and R.A Minors -- rank: 637
... long as it meets the admissibility requirements set forth in N.J.S.A. 9:6-8.46(a)(3). Ibid. (quoting N.J.S.A. 9.6-8.46 (a)(3)). The Division is allowed to submit into evidence ... the child relating to any allegations of abuse or neglect." N.J.S.A. 9:6-8.46(a)(4). However, a statement by the minor victim alone ... is insufficient to justify a finding of abuse and neglect. N.J.S.A. 9:6-8.46(a)(4); P.W.R. , supra , 205 N.J. at ... The child's accusation must be corroborated by independent evidence. N.J.S.A. 9:6-8.46(a)(4); P.W.R. , supra , 205 N.J. at ... evidence that a child . . . is an abused or neglected child." N.J.S.A. 9:6-8.46(a)(2). On this appeal, E.A. raises the ...
docket: a0838-11
court: NJ Superior Court Appellate Division
decided: 2012-12-27
status: unpublished
citation:
Document Size: 40421
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