Search Rutgers Law Library N.J. Court Opinions

1 New Jersey Division of Child Protection and Permanency v. Y.N. -- rank: 1000

... Court. The primary issue in this case is whether, under N.J.S.A. 9:6-8.21(c)(4)(b), a finding of abuse or neglect can ... methadone withdrawal, and the domestic violence involving Yvonne and Phil. N.J.S.A. 9:6-8.21. At the conclusion of the abuse and neglect hearing on ... longstanding adverse consequences. Strict adherence to the statutory standards of N.J.S.A. 9:6-8.21(c)(4) is important because the stakes are high for ... parties concerned. (pp. 18-19) 2. The plain language of N.J.S.A. 9:6-8.21(c)(4)(b) requires proof that the child was impaired ... Servs. v. T.B. , 207 N.J. 294 , 306 (2011). N.J.S.A. 9:6-8.21(c)(4)(b) is not a strict liability statute. It ... gross negligence or recklessness to succeed in a prosecution under N.J.S.A. 9:6-8.21(c)(4)(b). (pp. 20-25) 3. The Court ...

docket:	A-24-13
court:	NJ Supreme Court
decided:	2014-12-22
status:
citation:	220 N.J. 165 104 A.3d 244
Document Size:	97016

2 DCPP VS. M.N., J.L.K. AND W.L., IN THE MATTER OF W.N.-L. AND I.N.-K., ET AL. -- rank: 987

... qualifying her as an abused and neglected child pursuant to N.J.S.A. 9:6-8.21(c)(4)(b). After reviewing the law and summarizing the ... an abused and neglected child under the last clause of N.J.S.A. 9:6-8.21(c)(4)(b) defining an abused or neglected child as ...

docket:	a2413-21a1371-22
court:	appellate
decided:	2024-04-11
status:	Unpublished
citation:
Document Size:	151523

3 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. W.G.P and J.P. and R.H.C -- rank: 982

... inflicted harm, or substantial risk thereof[.] A-2613-21 13 [N.J.S.A. 9:6-8.21(c)(4).] The term ''minimum degree of care' refers to ... 2021 fell below the minimum degree of care required under N.J.S.A. 9:6-8.21(c)(4). See generally, E.D.-O., 223 N.J ... required to support a finding of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)); G.S., 157 N.J. at 178-79 ... failed to exercise the minimum degree of care required under N.J.S.A. 9:6-8.21(c)(4), E.D.-O., 223 N.J. at 178 ... did not act in a wanton and willful manner under N.J.S.A. 9:6-8.21(c)(4)(b) by taking the prescribed methadone during her ... child to ride with an inebriated driver acts inconsistently with N.J.S.A. 9:6-8.21(c)(4)'). A-2613-21 33 To the extent ...

docket:	a2613-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-08
status:	Unpublished
citation:
Document Size:	59269

4 N.J. Div. of Youth & Family Servs. v. A.L. -- rank: 969

... a finding of abuse or neglect against A.L. under N.J.S.A. 9:6-8.21. At the fact-finding hearing, the Division introduced seven documents ... D. is an ‘abused or neglected child’” under N.J.S.A. 9:6-8.21(c)(4)(b). The Appellate Division affirmed the trial court� ... ’s birth created the very risk of harm that N.J.S.A. 9:6-8.21(c)(4)(b) is designed to prevent.” The panel ... a substantial risk of harm to the newborn child, which N.J.S.A. 9:6-8.21(c)(4)(b) specifically requires. 1. Title 9 governs acts ... a child who has suffered harm or faces imminent danger. N.J.S.A. 9:6-8.21(c)(4)(b) defines an “abused or neglected child� ... a child and not a fetus. The definitional language in N.J.S.A. 9:6-8.21 declares that an “‘[a]bused or neglected ...

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

5 Department of Children & Families v. E.D.-O. -- rank: 953

... by a parent, the Court considers, among other issues, whether N.J.S.A. 9:6-8.21(c)(4)(b) requires a finding that the parent’s ... at the time of the event that triggered agency intervention. N.J.S.A. 9:6-8.21 to -8.73 (Title 9), seeking care and supervision of ... The Court granted certification. 218 N.J. 530 (2014). HELD: N.J.S.A. 9:6-8.21(c)(4)(b) requires a finding that the parent’s ... v. T.B. , 207 N.J. 294, 306 (2011) (quoting N.J.S.A. 9:6-8.21(c)(4)(b)). Appellate courts also have explained that the ... of whether conduct constitutes child abuse or neglect pursuant to N.J.S.A. 9:6-8.21(c)(4)(b) requires a finding of whether the child ... Division filed a complaint in the Superior Court, pursuant to N.J.S.A. 9:6-8.21 to -8.73 (Title 9), seeking care and supervision ...

docket:	A-109-13
court:	NJ Supreme Court
decided:	2015-08-20
status:
citation:	223 N.J. 166 121 A.3d 832
Document Size:	109629

6 New Jersey Division of Child Protection and Permanency v. A.B. -- rank: 948

... F. in violation of subsections (4)(a) and (5) of N.J.S.A. 9:6-8.21(c), explaining that “refusing to allow a 16 year ... s contention that a finding of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4) could not be sustained because A.F. was ... majority affirmed the judge’s finding of willful abandonment under N.J.S.A. 9:6-8.21(c)(5), holding that the record contained substantial and credible ... B.’s abuse or neglect of A.F. under N.J.S.A. 9:6-8.21(c)(4). The Court finds insufficient proof of willful abandonment under N.J.S.A. 9:6-8.21(c)(5) and reverses on that issue. The hearsay evidence ... statements. (p. 17) 3. To prove abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(a), the Division must establish by a ...

docket:	a_27_16
court:	NJ Supreme Court
decided:	2017-12-21
status:
citation:
Document Size:	52918

7 S.C. v. New Jersey Department of Children and Families -- rank: 941

... child is an abused or neglected child as defined in N.J.S.A. 9:6-8.21, but evidence indicates that the child was harmed or was ... child is an abused or neglected child as defined in N.J.S.A. 9:6-8.21, but evidence indicates that the child was harmed or was ... evidence that the child has been abused or neglected per N.J.S.A. 9:6-8.21. The Division will not be providing further services to [the ... is an “abused or neglected child” as defined in N.J.S.A. 9:6-8.21 and either the investigation indicates the existence of any of ... 22 an “abused or neglected child” as defined in N.J.S.A. 9:6-8.21, but the act or acts committed or omitted do not ... child is an abused or neglected child as defined in N.J.S.A. 9:6- 8.21, but evidence indicates that the child was harmed or ...

docket:	a-57-18
court:	NJ Supreme Court
decided:	2020-05-27
status:
citation:
Document Size:	127452

8 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. D.B. and D.H -- rank: 933

... four-year-old daughter, S.B., within the meaning of N.J.S.A. 9:6-8.21(c), by using narcotics while caring for S.B. and ... H. 'abused or neglected [S.B.]' within the meaning of N.J.S.A. 9:6-8.21(c)(4). After recounting the testimony of the witnesses and ... the evidentiary rulings, the judge applied the pertinent provisions of N.J.S.A. 9:6-8.21(c)(4)(b) to the credible evidence presented at the ... WITH A-1628-21 11 INDELIBLE, LIFE-LONG CONSEQUENCES UNDER N.J.S.A. [9:6-8.21(C)(4)]. A. A Police Officer's Entry Into [a ... 21 12 IMMINENT DANGER OR A SUBSTANTIAL RISK TO VIOLATE N.J.S.A. [9:6-8.21(C)(4)(B)]. In A-1629-21, D.H. raises ... inflicted harm, or substantial risk thereof[.] A-1628-21 14 [N.J.S.A. 9:6-8.21(c)(4)(b).] A parent's failure to exercise ...

docket:	a1628-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-30
status:	Unpublished
citation:
Document Size:	67842

9 /usr/local/share/www/libweb/collections/courts/appellate/a0586-15.opn.html -- rank: 897

... finding is a finding of child abuse or neglect under N.J.S.A. 9:6-8.21(c)(4), subject to disclosure as permitted by N.J ... to protect the best interests of R.S., pursuant to N.J.S.A. 9:6-8.21 and N.J.S.A. 30:4C-12. The court ... or allowing to be inflicted harm, or substantial risk thereof . . . . [ N.J.S.A. 9:6-8.21(c)(4)(b).] Not every harm or risk of harm ... constitutes failure to "exercise a minimum degree of care" under N.J.S.A. 9:6-8.21(c)(4). L.A. v. N.J. Div. of Youth ... complaint for custody, care and supervision of the child under N.J.S.A. 9:6-8.21 to -8.82, with a claim the family is in ... a person committed child abuse or neglect, as defined by N.J.S.A. 9:6-8.21(c)(4), forwards the perpetrator's name to the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	448 N.J.Super. 374 153 A.3d 941
Document Size:	88602

10 Division of Youth & Family Services v. R.D. -- rank: 892

... adjudication of an abuse or neglect proceeding under Title Nine, N.J.S.A. 9:6-8.21 to -8.73, can be given collateral estoppel effect in ... imminent danger by exposing them to this conduct, and violated N.J.S.A. 9:6-8.21(c)(4). The court therefore concluded that it was in ... neglect proceeding under Title Nine of the New Jersey Statutes, N.J.S.A. 9:6-8.21 to -8.73, can be given collateral estoppel effect in ... removal, DYFS also filed a verified complaint, “pursuant to N.J.S.A. 9:6-8.21 et seq. and N.J.S.A. 30:4C-12 ... A. 9:6-8.9 (defining “[a]bused child”); N.J.S.A. 9:6-8.21(c) (defining “[a]bused or neglected child”). It found ... sexual abuse as to her. This is a violation of N.J.S.A. 9:6-8.21(c)(3). This behavior also placed the physical, mental ...

docket:	a-2-10
court:	superior court trial
decided:	2011-07-20
status:
citation:
Document Size:	128927

11 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. S.S and V.S -- rank: 887

... or neglected the minor child H.S. 1 pursuant to N.J.S.A. 9:6-8.21(c). We reverse and remand the matter to the trial ... were abused or neglected. In the complaint, the Division cited ' N.J.S.A. 9:6-8.21 et. seq., N.J.S.A. 30:4C-12, and ... child without a court order pursuant to the Dodd Act, N.J.S.A. 9:6-8.21 to - 8.73. A-2182-19 8 presented testimony from ... found H.S. was an abused or neglected child under N.J.S.A. 9:6-8.21(c) because S.S. threw the cup which injured H ... that H.S. was an abused or neglected child under N.J.S.A. 9:6-8.21(c)(2). She also argues that the judge did not ... have authority to make findings of abuse or neglect under N.J.S.A. 9:6-8.21(c)(4) because the Division did not cite that ...

docket:	a2182-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-23
status:	Unpublished
citation:
Document Size:	34363

12 Dep’t of Children & Families, Div. of Youth & Family Servs. v. T.B. -- rank: 876

... substantiated the neglect allegation against Susan based upon inadequate supervision, N.J.S.A. 9:6-8.21(c)(4)(b). Susan filed an appeal and the matter ... failed to exercise the minimum degree of care required by N.J.S.A. 9:6-8.21(c)(4)(b), and concluded that Susan had placed John ... fail to “exercise a minimum degree of care” under N.J.S.A. 9:6-8.21(c)(4)(b) because her conduct did not rise to ... Jersey Statutes controls the adjudication of abuse and neglect cases. N.J.S.A. 9:6-8.21(c)(4)(b), the provision at issue here, defines � ... a cautionary act is merely negligent, it does not trigger N.J.S.A. 9:6-8.21(c)(4)(b). Focus on the parent’s level of ... S.A. 9:6-1 to -8.106, in particular, N.J.S.A. 9:6-8.21(c)(4), which defines the term “abused or ...

docket:	a-21-10
court:	superior court trial
decided:	2011-08-08
status:
citation:
Document Size:	74641

13 State v. Danyell Fuqua -- rank: 866

... 6-1, [ N.J.S.A.] 9:6-3 and . . . [N.J.S.A. 9:6-8.21] is guilty of a crime of the second degree.� ... a 1 crime of the fourth degree.” (emphasis added). N.J.S.A. 9:6-8.21, in pertinent part, defines “[a]bused or neglected child� ... the Legislature incorporating a “substantial risk” of harm from N.J.S.A. 9:6-8.21 into N.J.S.A. 2C:24-4(a), so ... 24-4(a)(2) defines “harm” by expressly incorporating N.J.S.A. 9:6-8.21, which proscribes exposing a child to a substantial risk of ... 6- 1, [ N.J.S.A.] 9:6-3 and . . . [ N.J.S.A. 9:6- 8.21] is guilty of a crime of the second degree. The ... that places a child at substantial risk of harm.”). N.J.S.A. 9:6-8.21, in pertinent part, defines “[a]bused or neglected ...

docket:	a_4_17
court:	NJ Supreme Court
decided:	2018-08-09
status:
citation:
Document Size:	73525

14 G.S. v. Department of Human Services, Division of Youth and Family Services -- rank: 864

... Court considers whether a finding of neglect is sustainable under N.J.S.A. 9:6-8.21 is on the harm to the child and not on ... are sufficient to hold her liable for child neglect under N.J.S.A. 9:6-8.21(c)(4)(b). (pp. 24-26) ����Judgment of the Appellate ... committed an act of child neglect within the meaning of N.J.S.A. 9:6-8.21. G.S. appealed the investigative finding and the Appellate Division ... cannot form the basis for a finding of neglect under N.J.S.A. 9:6-8.21. This Court remanded for a determination of whether the finding of neglect was sustainable under N.J.S.A. 9:6-8.21(c)(4)(b). The Appellate Division again concluded that the ... that accidental injuries can support a finding of neglect under N.J.S.A. 9:6-8.21(c)(4)(b). We agree and reverse. I. ����The ...

docket:	a-174-97
court:	njsupreme
decided:	1999-02-17
status:
citation:	157 N.J. 161
Document Size:	50192

15 /usr/local/share/www/libweb/collections/courts/appellate/a2391-21.opn.html -- rank: 848

... order, pursuant to the Dodd Act, which . . . is found at N.J.S.A. 9:6-8.21 to -8.82. The Act was authored by former Senate ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	43627