Search Rutgers Law Library N.J. Court Opinions

1 N.J. Dep’t of Children & Families, Div. of Youth & Family Servs. v. I.S. -- rank: 1000

... Protection and Permanency (the Division), may offer to families under N.J.S.A 30:4C-12, particularly when services are clearly needed and a parent who ... The trial court should have relied on Title 30, specifically N.J.S.A. 30:4C-12, which permits the Division to obtain custody, care, or supervision ... 1 (the Division) may offer to families in need under N.J.S.A. 30:4C-12. Specifically, we address how the Legislature intended to authorize the ... v. A.L. , 213 N.J. 1 , 31-32 (2013). N.J.S.A. 30:4C-12 (Section 12) applies when there is no voluntary parental consent ... in the alternative to Title 9, under authority conferred by N.J.S.A. 30:4C-12. In this opinion, we elaborate on what the Division must ... a diminution of parental autonomy. Without doubt, the Legislature intended N.J.S.A. 30:4C-12 to authorize the Division to intervene when children need ...

docket:	A-81-11
court:	NJ Supreme Court
decided:	2013-06-12
status:
citation:
Document Size:	125489

2 NEW JERSEY DEPARTMENT OF YOUTH AND FAMILY SERVICES v. J.S. -- rank: 889

... the Division lacked the authority to rule out relatives under N.J.S.A. 30:4C-12.1 based upon considerations of a child's best interests ... prong is that the Division violated a related statutory provision, N.J.S.A. 30:4C-12.1, 4 because it unreasonably decided not to place A ... investigate M.R. and J.P., as called for under N.J.S.A. 30:4C-12.1(a). That alleged failure, defendant argues, signifies that the ... makes a broader challenge to the Division's construction of N.J.S.A. 30:4C-12.1(c), which the Division has interpreted to allow it ... of the child involved. As this court has previously observed, N.J.S.A. 30:4C-12.1 "does not permit the Division to embark on a ... foster care." Ibid. "So understood, the Division's compliance with N.J.S.A. 30:4C-12.1 is not in any way inconsistent with the ...

docket:	a0512-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-17
status:	published
citation:	433 N.J.Super. 69 77 A.3d 521
Document Size:	68211

3 N.J. Div. of Youth & Family Servs. v. A.L. -- rank: 877

... if the best interests of the child so require, see N.J.S.A. 30:4C-12. (pp. 34-40) The judgment of the Appellate Division is ... if the best interests of the child so require, see N.J.S.A. 30:4C-12. I. A.L. gave birth to a son, A.D ... to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. The trial court signed an order to show cause on ... the court entered an order to that effect, pursuant to N.J.S.A. 30:4C-12. The Division moved for a finding of abuse or neglect ... harmed the child or placed him in imminent danger; that N.J.S.A. 30:4C-12 could have met the goal of providing services in this ... only when a parent or guardian consents to accept services. N.J.S.A. 30:4C-12, which does not contain any reference to an unborn ...

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

4 New Jersey Division of Youth and Family Services v. F.M. -- rank: 818

... custody require that he or she be placed under guardianship. N.J.S.A. 30:4C-12 outlines the required procedures for DYFS to obtain care or ... Part, seeking care, custody, and supervision of Quinn pursuant to N.J.S.A. 30:4C-12 and N.J.S.A. 9:6-8.21 to ... 8.21 to -8.73, or a summary hearing under N.J.S.A. 30:4C-12. Because no such factfinding or summary hearing was held and ... ” N.J.S.A. 30:4C-15(f). 19 N.J.S.A. 30:4C-12 outlines procedures for DYFS obtaining “care or custody.� ... under the care and supervision or custody of [DYFS].” N.J.S.A. 30:4C-12. The court must then hold a summary hearing, on notice ... require,” it may grant the relief requested by DYFS. N.J.S.A. 30:4C-12. Any order granting DYFS care or custody is effective ...

docket:	A-108-10
court:	NJ Supreme Court
decided:	2012-08-14
status:
citation:	211 N.J. 420 48 A.3d 1075
Document Size:	114985

5 DIVISION OF YOUTH AND FAMILY SERVICES v. J.C IN THE MATTER OF E.C a minor -- rank: 801

... retained custody, care and supervision of E.C., pursuant to N.J.S.A. 30:4C-12, without a full dispositional hearing to discern whether E.C ... in favor of solely exercising its authority under Title Thirty, N.J.S.A. 30:4C-12. Despite the change in the basis of the litigation, the ... the timeframes and procedures applicable to an action pursuant to N.J.S.A. 30:4C-12. We believe it is important to review those procedures designed ... Nine claims of abuse and sought to proceed solely under N.J.S.A. 30:4C-12, asserting the family was in need of services. Neither the ... C.'s objection, the Division dismissed the preexisting action under N.J.S.A. 30:4C-12 on September 15, 2010. "The Legislature charged the Division with ... child may continue based upon a "best interest" analysis under N.J.S.A. 30:4C-12. All of these proceedings, "must be conducted 'with scrupulous ...

docket:	a1269-10
court:	NJ Superior Court Appellate Division
decided:	2011-10-26
status:	published
citation:	423 N.J. Super. 259 32 A.3d 211
Document Size:	30055

6 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. K.N. -- rank: 789

... show cause seeking care and supervision of Tommy pursuant to N.J.S.A. 30:4C-12. At the time, Tommy was in the "physical legal custody ... their parents who are in need of services[.]" Ibid. (citing N.J.S.A. 30:4C-12). The Division may accomplish this by "identif[ying] and approv ... heard at any court review or hearing involving the child. N.J.S.A. 30:4C-12.2; and see D.P. , supra , 422 N.J. Super ... child[.]" N.J.S.A. 30:4C-52(b). Under N.J.S.A. 30:4C-12.2, the right to notice of all hearings involving a ... with a licensed resource family parent is made clear by N.J.S.A. 30:4C-12.1, Title Thirty's requirement that the Division first look ... to provide the care and support required by the child." N.J.S.A. 30:4C-12.1(a). If after conducting an assessment of the " ...

docket:	a4847-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-20
status:	published
citation:	435 N.J.Super. 16 86 A.3d 158
Document Size:	64373

7 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. M.D. -- rank: 767

... A. 9:6-8.21 et seq. [Title Nine] and N.J.S.A. 30:4C-12 et seq. [Title Thirty]." The complaint sought care and supervision ... does not foreclose further intervention by the Division pursuant to N.J.S.A. 30:4C-12 to protect a child who, although not abused or neglected ... N.J. Super. 259 , 267-68 (App. Div. 2011)). Further, N.J.S.A. 30:4C-12 provides "a multi-step process" which "establish[es] limits" and ... under the Division's care and supervision. In any event, N.J.S.A. 30:4C-12 requires only "a summary hearing" be held at least every ... 30:4C-15.1a. However, this was a proceeding under N.J.S.A. 30:4C-12, and a transfer of custody between parents based on the ... S.A. 30:4C-15 to -24 differs from both N.J.S.A. 30:4C-12 and N.J.S.A. 9:6-8.21 ...

docket:	a0005-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-22
status:	unpublished
citation:
Document Size:	51699

8 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. L.C and Z.P. -- rank: 760

... care and supervision of Emerson pursuant to Title 9 and N.J.S.A. 30:4C-12. At a hearing on October 24, 2019, a law guardian ... intended to continue only the care and supervision litigation under N.J.S.A. 30:4C-12 (section 12). During a Title 30 summary hearing on March ... v. A.L., 213 N.J. 1, 18 (2013) (citing N.J.S.A. 30:4C-12). If an investigation reveals that a 'child requires care or ... the care and supervision or custody of the [D]ivision.' N.J.S.A. 30:4C-12. The court may grant such relief 'at a summary hearing ... if 'the best interests of the child so require.' Ibid. N.J.S.A. 30:4C-12 'expressly empowers the Division to obtain a court order to ... for substance abuse.' Id. at 34. '[T]he legislature intended N.J.S.A. 30:4C-12 to authorize the Division to intervene when children need ...

docket:	a0751-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-13
status:	Unpublished
citation:
Document Size:	40133

9 AND FAMILY SERVICES v. T.S IN THE MATTER OF I.S and V.S Minors -- rank: 755

... the Division of Youth and Family Services (Division) pursuant to N.J.S.A. 30:4C-12. The court entered the order after determining that the parent ... them, ensure their health and safety or avoid endangering them. N.J.S.A. 30:4C-12. Additionally, the court erred by extending the order beyond six ... hearings on the propriety of continuing intervention as required by N.J.S.A. 30:4C-12. T.Sl. is the mother of eight-year-old I ... to N.J.S.A. 9:6-8.28 and N.J.S.A. 30:4C-12 and obtained custody, care and supervision of I.St. and ... an order compelling T.Sl.'s cooperation in further investigation, N.J.S.A. 30:4C-12, or an order continuing the children under its care and supervision, N.J.S.A. 30:4C-12. T.Sl. did not move for interlocutory review of ...

docket:	a3012-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-31
status:	published
citation:	426 N.J. Super. 54 42 A.3d 942
Document Size:	35175

10 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.L.W. and P.L.J. -- rank: 751

... to provide the care and support required by the child." N.J.S.A. 30:4C-12.1(a). The Division and the child's Law Guardian ... s best interests by not carrying out its obligation under N.J.S.A. 30:4C-12.1(a). Because the Division's non-compliance affected the ... child is to serve the best interests of the child. N.J.S.A. 30:4C-12 (standard for placing child in the custody and care of ... obligation to contact relatives of a child in its custody. N.J.S.A. 30:4C-12.1 provides: a. In any case in which the Department ... Safety Committee, Statement to S. 2580 (reprinted as note following N.J.S.A. 30:4C-12.1). Furthermore, this obligation is unambiguously placed on the Division ... with its laws, would have modified the obligation or repealed N.J.S.A. 30:4C-12.1. See Brewer v. Porch , 53 N.J. 167 , ...

docket:	a5234-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-03
status:	published
citation:
Document Size:	50589

11 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. K.L.W. and P.L.J. -- rank: 751

... to provide the care and support required by the child." N.J.S.A. 30:4C-12.1(a). The Division and the child's Law Guardian ... s best interests by not carrying out its obligation under N.J.S.A. 30:4C-12.1(a). Because the Division's non-compliance affected the ... child is to serve the best interests of the child. N.J.S.A. 30:4C-12 (standard for placing child in the custody and care of ... obligation to contact relatives of a child in its custody. N.J.S.A. 30:4C-12.1 provides: a. In any case in which the Department ... Safety Committee, Statement to S. 2580 (reprinted as note following N.J.S.A. 30:4C-12.1). Furthermore, this obligation is unambiguously placed on the Division ... with its laws, would have modified the obligation or repealed N.J.S.A. 30:4C-12.1. See Brewer v. Porch , 53 N.J. 167 , ...

docket:	a5178-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-03
status:	published
citation:	419 N.J. Super. 568 18 A.3d 193
Document Size:	50758

12 Division of Child Protection and Permanency v. D.C.A. -- rank: 736

... 6- 8.30, -8.31, and -8.54, and to N.J.S.A. 30:4C-12.1, which address removals by the Division. Ibid. The Senate ...

docket:	a-44-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-16
status:
citation:
Document Size:	75850

13 OF YOUTH AND FAMILY SERVICES v. N.H. IN THE MATTER OF THE GUARDIANSHIP OF W.M. and N.H minors -- rank: 732

... proper medical care and hygiene. Consistent with its obligations under N.J.S.A. 30:4C-12.1, the Division ascertained that defendant's sister Toni, as ... the care and support, including placement, required by the child. [ N.J.S.A. 30:4C-12.1a]. However, once the Division determines that a relative is ... right to seek review by the department of such determination. [ N.J.S.A. 30:4C-12.1b]. There is no presumption in favor of placement with ... parents. The Division was not required to re-evaluate Toni. N.J.S.A. 30:4C-12.1b. The children had been in Division custody for a ... parental rights because the Division had violated its obligations under N.J.S.A. 30:4C-12.1 by failing to consider whether the child could be ... 575. In this case, the Division fulfilled its obligations under N.J.S.A. 30:4C-12.1 to explore placement with relatives. The Division contacted ...

docket:	a3095-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-26
status:	unpublished
citation:
Document Size:	56484

14 DIVISION OF YOUTH AND FAMILY SERVICES v. L.D.-S IN THE MATTER OF THE GUARDIANSHIP OF L.A.D.S a Minor -- rank: 727

... to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. During defendant's incarceration, the Division facilitated visitations. She was ... the Division affirmatively grounded the removal of the child on N.J.S.A. 30:4C-12, the Division may retain "care, supervision or custody" of a ... safety of the child" in the child's best interests. N.J.S.A. 30:4C-12. See also N.J. Div. of Youth & Family Servs. v ... supra , 189 N.J. at 292 (court had authority under N.J.S.A. 30:4C-12 to retain custody, irrespective of outcome of Title 9 hearing ... T.S. , supra , 426 N.J. Super. at 65 (quoting N.J.S.A. 30:4C-12). The custody order is only effective for "six months from ... the [D]ivision, at a summary hearing . . . extends the time[.]" N.J.S.A. 30:4C-12. Here, the Division filed a verified complaint in September ...

docket:	a5841-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-04-10
status:	Published
citation:
Document Size:	74606

15 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. A.R.G., -- rank: 724

... in the Family Part against A.R.G., pursuant to N.J.S.A. 30:4C-12, alleging, inter alia , that [w]hile in the care and ... J.S.A. 9:6-8.21 et seq. and N.J.S.A. 30:4C-12, and such other relief as may be warranted." ����As a ...

docket:	A0025-02
court:	NJ Superior Court Appellate Division
decided:	2003-06-05
status:	published
citation:	361 N.J. Super. 46 824 A.2d 213
Document Size:	91591