Search Rutgers Law Library N.J. Court Opinions

1 In the Matter of the Guardianship of J.P. and B.P. -- rank: 1000

... Court granted certification to consider the standards for termination under N.J.S.A. 30:4C-15.1a in light of the placement option provided by the Kinship ... The grounds for termination of parental rights are codified in N.J.S.A. 30:4C-15.1a, and are designed to balance parental rights and the State ... best interests of J.P. and B.P. pursuant to N.J.S.A. 30:4C-15.1a. (pp. 22-23) 5. The trial court correctly concluded that ... interests of the child,'" under the standards set forth in N.J.S.A. 30:4C-15.1a (1) through (4). Based on the evidence and testimony presented ... J. 34 (2003), to consider the standards for termination under N.J.S.A. 30:4C-15.1a in light of the placement option provided by the Act ... N.J. 396 , 404 (1999) (citation omitted). To achieve permanency, N.J.S.A. 30:4C-15.1a requires DYFS to file for guardianship by instituting a ...

docket:	a-32-03
court:
decided:	2004-07-27
status:
citation:	180 N.J. 494 852 A.2d 1093
Document Size:	129764

2 DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G. -- rank: 926

... we conclude that DYFS did not establish the statutory criteria, N.J.S.A. 30:4C-15.1a, by clear and convincing evidence. Accordingly, we reverse and remand ... the best interests of the child test set forth at N.J.S.A. 30:4C-15.1a, but that prongs two and four remained "open." He then ... 2009). DYFS must prove each of the four prongs in N.J.S.A. 30:4C-15.1a, set forth infra , by clear and convincing evidence. N.J ... failed to establish each of the four statutory elements of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The Experts in Maternal and ... s refusal to consent to a c-section. Consistent with N.J.S.A. 30:4C-15.1a, DYFS can initiate a petition to terminate parental rights on ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1a; E.P. , supra , 196 N.J. at 103-4; ...

docket:	a3336-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-06
status:	Published
citation:
Document Size:	150349

3 DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G. -- rank: 926

... we conclude that DYFS did not establish the statutory criteria, N.J.S.A. 30:4C-15.1a, by clear and convincing evidence. Accordingly, we reverse and remand ... the best interests of the child test set forth at N.J.S.A. 30:4C-15.1a, but that prongs two and four remained "open." He then ... 2009). DYFS must prove each of the four prongs in N.J.S.A. 30:4C-15.1a, set forth infra , by clear and convincing evidence. N.J ... failed to establish each of the four statutory elements of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The Experts in Maternal and ... s refusal to consent to a c-section. Consistent with N.J.S.A. 30:4C-15.1a, DYFS can initiate a petition to terminate parental rights on ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1a; E.P. , supra , 196 N.J. at 103-4; ...

docket:	a2649-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-06
status:	unpublished
citation:
Document Size:	152443

4 DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G. -- rank: 926

... we conclude that DYFS did not establish the statutory criteria, N.J.S.A. 30:4C-15.1a, by clear and convincing evidence. Accordingly, we reverse and remand ... the best interests of the child test set forth at N.J.S.A. 30:4C-15.1a, but that prongs two and four remained "open." He then ... 2009). DYFS must prove each of the four prongs in N.J.S.A. 30:4C-15.1a, set forth infra , by clear and convincing evidence. N.J ... failed to establish each of the four statutory elements of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The Experts in Maternal and ... s refusal to consent to a c-section. Consistent with N.J.S.A. 30:4C-15.1a, DYFS can initiate a petition to terminate parental rights on ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1a; E.P. , supra , 196 N.J. at 103-4; ...

docket:	a3024-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-06
status:	unpublished
citation:
Document Size:	152443

5 DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G. -- rank: 926

... we conclude that DYFS did not establish the statutory criteria, N.J.S.A. 30:4C-15.1a, by clear and convincing evidence. Accordingly, we reverse and remand ... the best interests of the child test set forth at N.J.S.A. 30:4C-15.1a, but that prongs two and four remained "open." He then ... 2009). DYFS must prove each of the four prongs in N.J.S.A. 30:4C-15.1a, set forth infra , by clear and convincing evidence. N.J ... failed to establish each of the four statutory elements of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. The Experts in Maternal and ... s refusal to consent to a c-section. Consistent with N.J.S.A. 30:4C-15.1a, DYFS can initiate a petition to terminate parental rights on ... continue to be endangered or harmed by the parental relationship. N.J.S.A. 30:4C-15.1a; E.P. , supra , 196 N.J. at 103-4; ...

docket:	a3342-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-08-06
status:	Published
citation:
Document Size:	150349

6 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. W.G. -- rank: 912

... evidence and does not satisfy the four criteria established in N.J.S.A. 30:4C-15.1a for termination of parental rights. The Division of Youth and ... family court appropriately analyzed the evidence within the framework of N.J.S.A. 30:4C-15.1a, which provides that DYFS must prove the following four criteria ... will continue to be endangered by the parental relationship.” N.J.S.A. 30:4C-15.1a(1). This provision of the statute requires that "the harm ... endangered their safety, health, and development, meeting the requirements of N.J.S.A. 30:4C-15.1a(1). There was substantial uncontradicted evidence presented to the family ... permanent placement of the child will add to the harm. N.J.S.A. 30:4C-15.1a(2). This “inquiry is aimed at determining whether the ... placement will add to the harm suffered by the child. N.J.S.A. 30:4C-15.1a(2). Prior court decisions have established the importance of ...

docket:	a2255-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-30
status:	unpublished
citation:
Document Size:	57289

7 OF YOUTH AND FAMILY SERVICES v. N.H. IN THE MATTER OF THE GUARDIANSHIP OF W.M. and N.H minors -- rank: 902

... unable to provide a safe and stable home for them. N.J.S.A. 30:4C-15.1a(1), (2) (Prongs One and Two). Nor does she challenge ... to help her correct the circumstances that led to placement. N.J.S.A. 30:4C-15.1a(3) (Prong Three). Rather, defendant argues that the Division failed ... provide adequate services to enable her sister to accept custody. N.J.S.A. 30:4C-15.1a(3). As a consequence, defendant argues that the court erred ... to their aunt, would not do more harm than good. N.J.S.A. 30:4C-15.1a(4) (Prong Four). We disagree and affirm substantially for the ... by clear and convincing evidence that the four prongs of N.J.S.A. 30:4C-15.1a were met and that defendant's parental rights should be ... housing and income, and her lack of basic parenting skills. N.J.S.A. 30:4C-15.1a(1). With respect to Prong Two, the court found, ...

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

8 . OF YOUTH AND FAMILY SERVICES v. W.B. and R.R. -- rank: 872

... judge concluded the Division proved the following four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence: (1) The child's safety ... defendants contend the Division failed to prove each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. R.R. separately contends the ... child standard governs this balance and has been codified in N.J.S.A. 30:4C-15.1a. N.J. Div. of Youth & Family Servs. v. P.P ... terminate parental rights when the Division proves each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. I.S. , supra , 202 N ... supra , 189 N.J. at 280. The "'four prongs [of N.J.S.A. 30:4C-15.1a] are not discrete and separate, but relate to and overlap ... 418 , 434 (App. Div. 2001) (first alteration in original) (quoting N.J.S.A. 30:4C-15.1a(2)), certif. denied , 171 N.J. 44 , (2002) "'[P] ...

docket:	a3453-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-13
status:	unpublished
citation:
Document Size:	63122

9 DIVISION OF YOUTH AND FAMILY SERVICES v. W.B. and R.R. -- rank: 872

... judge concluded the Division proved the following four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence: (1) The child's safety ... defendants contend the Division failed to prove each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. R.R. separately contends the ... child standard governs this balance and has been codified in N.J.S.A. 30:4C-15.1a. N.J. Div. of Youth & Family Servs. v. P.P ... terminate parental rights when the Division proves each prong of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. I.S. , supra , 202 N ... supra , 189 N.J. at 280. The "'four prongs [of N.J.S.A. 30:4C-15.1a] are not discrete and separate, but relate to and overlap ... 418 , 434 (App. Div. 2001) (first alteration in original) (quoting N.J.S.A. 30:4C-15.1a(2)), certif. denied , 171 N.J. 44 , (2002) "'[P] ...

docket:	a2655-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-13
status:	unpublished
citation:
Document Size:	64223

10 DIVISION OF YOUTH AND FAMILY SERVICES,1 v. B.G. and V.M IN THE MATTER OF J.M.G., a minor NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. V.M. and B.G IN THE MATTER OF THE GUARDIANSHIP OF J.M.G., a minor Before Judges Messano, Lihotz and Ost -- rank: 869

... SUPPORT THE CONCLUSION THAT THE SECOND AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1a WERE NOW SATISFIED BY CLEAR AND CONVINCING EVIDENCE. A. THERE ... THAT IT DID NOT PROPERLY EVALUATE THE THIRD PRONG OF N.J.S.A. 30:4C:15.1a AS REQUIRED BY THE STATUTE. A. THE TRIAL COURT ABDICATED ... THE EVIDENCE AFTER REMAND TO SATISFY THE FIRST PRONG OF N.J.S.A. 30:4C-15.1a. B.G. presents the following points for our review: I ... AGAINST THE DEFENDANT PARENT EVEN IF IT CAN PROVE THE N.J.S.A. 30:4C-15.1a BEST INTERESTS TERMINATION TEST. E. B.G.'S CHALLENGE TO ...

docket:	a0355-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-09-03
status:	Published
citation:
Document Size:	196965

11 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. S.S.Y. -- rank: 855

... each prong of the best interests test set forth in N.J.S.A. 30:4C-15.1a. Defendant further maintains trial counsel was ineffective. We are not ... the Division had satisfied each of the four prongs of N.J.S.A. 30:4C-15.1a by clear and convincing evidence. He granted the Division's ... supra , 103 N.J. at 602-11, was codified at N.J.S.A. 30:4C-15.1a, and requires the State to establish each of the following ... failed attempt to return custody to defendant, were unsuccessful. Under N.J.S.A. 30:4C-15.1a(2), the Division may demonstrate parental unfitness with proof of ... in permanent placement' will further harm the child." Ibid. (quoting N.J.S.A. 30:4C-15.1a(2)). See also I.S. , supra , 202 N.J. at ... not reasonable. R. 2:11-3(e)(1)(E). Under N.J.S.A. 30:4C-15.1a(3), the Division's efforts are "'not measured by ...

docket:	a1714-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-22
status:	unpublished
citation:
Document Size:	78083

12 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.G. -- rank: 852

... SUPPORT THE CONCLUSION THAT THE SECOND AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1a WERE NOW SATISFIED BY CLEAR AND CONVINCING EVIDENCE. A. THERE ... THAT IT DID NOT PROPERLY EVALUATE THE THIRD PRONG OF N.J.S.A. 30:4C:15.1a AS REQUIRED BY THE STATUTE. A. THE TRIAL COURT ABDICATED ... THE EVIDENCE AFTER REMAND TO SATISFY THE FIRST PRONG OF N.J.S.A. 30:4C-15.1a. B.G. presents the following points for our review: I ... AGAINST THE DEFENDANT PARENT EVEN IF IT CAN PROVE THE N.J.S.A. 30:4C-15.1a BEST INTERESTS TERMINATION TEST. E. B.G.'S CHALLENGE TO ...

docket:	a3999-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-03
status:	unpublished
citation:
Document Size:	194333

13 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.T. and A.M., SR -- rank: 852

... THE NECESSARY LEGAL CONCLUSIONS AS TO THE FOURTH PRONG OF N.J.S.A. 30:4C-15.1A. B. THE FAMILY PART FAILED TO MAKE ANY LEGAL CONCLUSIONS ... A-4590-18T1 9 PART OF THE THIRD PRONG OF N.J.S.A. 30:4C- 15.1A. C. THE FAMILY PART CONDUCTED THE PROCEEDINGS IN SUCH A ... SUPPORT ITS LEGAL CONCLUSIONS AS TO THE FIRST PRONG OF N.J.S.A. 30:4C-15.1A WERE LARGELY BASED ON HEARSAY. B. EVEN IF THE EVIDENCE ... TRIAL COURT ERRED IN CONCLUDING THAT THE SECOND PRONG OF N.J.S.A. 30:4C- 15.1A WAS SATISFIED AT A CLEAR AND CONVINCING LEVEL OF PROOF ... TRIAL COURT ERRED IN CONCLUDING THAT THE FOURTH PRONG OF N.J.S.A. 30:4C- 15.1A WAS SATISFIED AT A CLEAR AND CONVINCING LEVEL OF PROOF ... AS TO PRONG THREE OF THE BEST INTEREST TEST UNDER N.J.S.A. 30:4C-15.1A(3). POINT IV: DCPP FAILED TO DEMONSTRATE BY CLEAR ...

docket:	a4590-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-05
status:	Unpublished
citation:
Document Size:	41604

14 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.G. -- rank: 852

... SUPPORT THE CONCLUSION THAT THE SECOND AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1a WERE NOW SATISFIED BY CLEAR AND CONVINCING EVIDENCE. A. THERE ... THAT IT DID NOT PROPERLY EVALUATE THE THIRD PRONG OF N.J.S.A. 30:4C:15.1a AS REQUIRED BY THE STATUTE. A. THE TRIAL COURT ABDICATED ... THE EVIDENCE AFTER REMAND TO SATISFY THE FIRST PRONG OF N.J.S.A. 30:4C-15.1a. B.G. presents the following points for our review: I ... AGAINST THE DEFENDANT PARENT EVEN IF IT CAN PROVE THE N.J.S.A. 30:4C-15.1a BEST INTERESTS TERMINATION TEST. E. B.G.'S CHALLENGE TO ...

docket:	a4001-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-03
status:	unpublished
citation:
Document Size:	194333

15 NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES v. B.G. -- rank: 852

... SUPPORT THE CONCLUSION THAT THE SECOND AND FOURTH PRONGS OF N.J.S.A. 30:4C-15.1a WERE NOW SATISFIED BY CLEAR AND CONVINCING EVIDENCE. A. THERE ... THAT IT DID NOT PROPERLY EVALUATE THE THIRD PRONG OF N.J.S.A. 30:4C:15.1a AS REQUIRED BY THE STATUTE. A. THE TRIAL COURT ABDICATED ... THE EVIDENCE AFTER REMAND TO SATISFY THE FIRST PRONG OF N.J.S.A. 30:4C-15.1a. B.G. presents the following points for our review: I ... AGAINST THE DEFENDANT PARENT EVEN IF IT CAN PROVE THE N.J.S.A. 30:4C-15.1a BEST INTERESTS TERMINATION TEST. E. B.G.'S CHALLENGE TO ...

docket:	a0356-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-03
status:	unpublished
citation:
Document Size:	194333