comprehensive standard in New Jersey

2026"The four criteria enumerated in the best interests standard are not discrete and separate; they relate to and overlap with one another to provide a comprehensive standard that identifies a child's best interests." In re Guardianship of K.H.O., 161 N.J. 337, 348 (1999).

2025"The four criteria enumerated in the best interests standard are not discrete and separate; they relate to and overlap with one another to provide a comprehensive standard that identifies a child's best interests." Id. at 348 .

2024"The considerations involved in determinations of parental fitness are 'extremely fact sensitive' and require particularized evidence that address the specific circumstances in the given case." Ibid. (quoting In re Adoption of Child. by L.A.S., 134 N.J. 127, 139 (1993)).

2022"The considerations involved in determinations of parental fitness are 'extremely fact sensitive' and require particularized evidence that address the specific circumstances in the given case." Ibid. (quoting In re Adoption of Children by L.A.S., 134 N.J. 127 , 139 1 We are aware that on July 2, 2021, the Legislature enacted L. 2021 c.154, § 9 amending N.J.S.A. 30:4C-15.1(a) pertaining to the standards for terminating parental rights.

2021Servs. v. A.W., 103 N.J. 591, 604-11 (1986).] These "four criteria . . . are not discrete and separate; they relate to and overlap with one another to provide a comprehensive standard that identifies a child's best interests." N.J.

2019Such harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or psychological harm to the child; A-0498-17T4 4 (3) The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child's placement outside the home and the court has considered alternatives to termination of parental rights; and (4) Termination of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a); see also A.W., 103 N.J. at 604-11 .] The standards "are not discrete and separate

2020The four criteria "are not discrete and separate," but rather "relate to and overlap with one another to provide a comprehensive standard that identifies a child's best interests." New Jersey Div. of Youth & Family Servs. v. I.S., 202 N.J. 145, 167 (2010) (quoting New Jersey Div. of Youth & Family Services v. G.L., 191 N.J. 596, 606-07 (2007)).

2019"The four criteria enumerated in the best interests standard are not discrete and separate; they relate to and overlap with one another to provide a comprehensive standard that identifies a child's best interests." Id. at 166 A-5272-17T2 10 (quoting N.J.

2019Such harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or psychological harm to the child; (3) The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child's placement outside the home and the court has considered alternatives to termination of parental rights; and (4) Termination of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a).] "The four criteria enumerated in the best interests standard are not discrete and separate; th

2019Such harm may include evidence that separating the child from his resource family parents would cause serious and enduring emotional or psychological harm to the child; (3) The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child's placement outside the home and the court has considered alternatives to termination of parental rights; and A-4968-17T4 7 (4) Termination of parental rights will not do more harm than good. [N.J.S.A. 30:4C-15.1(a)(1)-(4).] "The four criteria enumerated in the best interests standard are not disc

2025The court should only sever a parent's relationship with their child when the "proof of parental unfitness is clear." F.M., 211 N.J. at 453 .

2019Div. of Youth & Family Servs. v. F.M., 211 N.J. 420, 448 (2012) (citing N.J.

2020A-5003-18T3 4 Those fact-sensitive factors "'overlap with one another to provide a comprehensive standard that identifies a child's best interests.'" G.L., 191 N.J. at 606 -07 (quoting In re Guardianship of K.H.O., 161 N.J. 337, 348 (1999)).

2020The four criteria "are not discrete and separate," but rather "relate to and overlap with one another to provide a comprehensive standard that identifies a child's best interests." New Jersey Div. of Youth & Family Servs. v. I.S., 202 N.J. 145, 167 (2010) (quoting New Jersey Div. of Youth & Family Services v. G.L., 191 N.J. 596, 606-07 (2007)).

2023To effectuate that purpose, OPRA establishes "a comprehensive framework for access to public records." Mason v. City of Hoboken, 196 N.J. 51, 57 (2008).

2020To effectuate that purpose, OPRA establishes "a comprehensive framework for access to public records." Mason v. City of Hoboken, 196 N.J. 51, 57 (2008).

2020Div. of Child Prot. & Permanency v. R.L.M., 236 N.J. 123, 145 (2018) (quoting K.H.O., 161 N.J. at 348 ).

2019Div. of Child Prot. & Permanency v. R.L.M., 236 N.J. 123, 145 (2018) (quoting In re Guardianship of A-0853-18T2 22 K.H.O., 161 N.J. 337, 348 (1999)).

2025"The considerations involved [in A-2506-23 4 determinations of parental fitness] are extremely fact sensitive and require particularized evidence that address[es] the specific circumstance[s] in the given case." R.G., 217 N.J. at 554 (internal quotation marks omitted) (second alteration in original) (quoting N.J.

2024"The considerations involved [in determinations of parental fitness] are extremely fact sensitive and require particularized evidence that address[es] the specific circumstance[s] in the given case." R.G., 217 N.J. at 554 (internal quotation marks omitted) (second alteration in original) (quoting N.J.

2019Applying these controlling principles, we conclude the judge properly applied the sentencing guidelines, engaged in a comprehensive analysis of defendant's eligibility for sentencing as a persistent offender under N.J.S.A. 2C:44-3(a), see State v. Hudson, 209 N.J. 513, 526-27 (2012), and considered each of the applicable aggravating and mitigating sentencing factors.

2018Applying these controlling principles, we conclude that the sentencing court properly applied the sentencing guidelines, including a comprehensive analysis of defendant's eligibility for sentencing as a persistent offender under N.J.S.A. 2C:44-3(a), see State v. Hudson, 209 N.J. 513, 526-27 (2012); State v. Carey, 168 N.J. 413, 425-27 (2001), and considered each of the applicable aggravating and mitigating sentencing factors.

2010Even when those criteria are met, N.J.S.A. 30:4C-15.1(a)(4) requires a finding that ending the parent-child relationship will not do more harm than good. [ 180 N.J. 494, 506-07 , 852 A.2d 1093 (2004) (citations, internal quotation marks and editing marks omitted).] It bears repeating: “Importantly, those four prongs are not discrete and separate, but relate to and overlap with one another to provide a comprehensive standard that identifies a child’s best interests.” N.J.

2010Even when those criteria are met, N.J.S.A. 30:4C-15.1(a)(4) requires a finding that ending the parent-child relationship will not do more harm than good. [ 180 N.J. 494, 506-07 , 852 A.2d 1093 (2004) (citations, internal quotation marks and editing marks omitted).] It bears repeating: “Importantly, those four prongs are not discrete and separate, but relate to and overlap with one another to provide a comprehensive standard that identifies a child’s best interests.” N.J.

2016See Ibid. ("[The Act,] governing the interstate establishment, modification, and enforcement of child support . . . 'provides a comprehensive framework for dealing with the jurisdictional problems at hand.'" (quoting Peace v. Peace, 325 N.J.

2001Effective March 5, 1998, the Uniform Interstate Family Support Act (UIFSA), N.J.S.A. 2A:4-30.65 to -30.123, replaced RURESA as the statute governing the interstate establishment, modification, and enforcement of child support, that "provides a comprehensive framework for dealing with the jurisdictional problems at hand." Peace v. Peace, 325 N.J.Super. 122, 127 , 737 A. 2d 1164 (Ch.Div.1999).

2011The UCC, "augmented by federal regulation, provides a comprehensive framework for allocating and apportioning the risks of handling checks," and the New Jersey Legislature has "made policy choices in allocating liability in the collection of checks." Id. at 57 , 764 A. 2d 411 .

2011The UCC, "augmented by federal regulation, provides a comprehensive framework for allocating and apportioning the risks of handling checks," and the New Jersey Legislature has "made policy choices in allocating liability in the collection of checks." Id. at 57 , 764 A. 2d 411 .

2026Youssefi v. Youssefi, 328 N.J.

2025A-1551-24 10 A. Pursuant to N.J.S.A. 30:4C-15.1(c), "reasonable efforts to provide services" under prong three means "attempts by . . . the [D]ivision to assist the parents in remedying the circumstances and conditions that led to the placement of the child and in reinforcing the family structure." A court's "evaluation of the efforts undertaken by [the Division] to reunite a particular family must be done on an individualized basis." In re Guardianship of DMH, 161 N.J. 365, 390 (1999). "'Reasonable efforts' will vary depending upon the circumstances of [a child's] removal." N.J.

2024PCR "is neither a substitute for direct appeal, Rule 3:22-3, nor an opportunity to relitigate matters already decided on the merits, Rule 3:22-5." State v. Afanador, 151 N.J. 41, 50 (1997).

2021Thus, it likely could express "a clear mandate of public policy," as the Rule is akin to the sources courts rely on to inform a determination as to "whether specific corrupt, illegal, fraudulent or harmful activity violates a clear mandate of public policy," Mehlman, 153 N.J. at 188 , and it identifies acceptable and unacceptable practices that guide the prosecutor in meeting his discovery obligations to those charged with crimes, see State v. Hernandez, 225 N.J. 451, 462 (2016) (explaining "[t]he metes and bounds of the State's discovery obligation to the defense is found in Rule 3:13-3(b), w

2020Div. of Youth & Family Servs. v. F.M., 375 N.J.

2019The trial court conducted a comprehensive hearing on this issue on December 22, 2014, and found that [d]efendant's decision to affirmatively waive his right to counsel and exercise instead his right to represent himself was made "knowingly, intelligently, and voluntarily." (The [c]ourt further determined that [d]efendant's previously court-appointed counsel would continue to serve in the role of "standby counsel.") A-2381-16T1 6 As a matter of law, by affirmatively waiving his right to counsel and instead representing himself, [d]efendant effectively relinquished any right to seek post-convict

2019Tax at 269 ; Six Cherry Hill, Inc. v. Cherry Hill Twp., 7 N.J.

2019This requires the 11 appraiser to perform a comprehensive analysis of the market to ascertain supply and demand of particular uses, and testing the “contributory value of the change with the cost of making the change.” The Appraisal of Real Estate, at 347; see also Clemente, 27 N.J.

2019"Appellate review of a trial court's decision to terminate parental rights is limited, and the trial court's factual findings 'should not be disturbed unless they are so wholly unsupportable as to result in a denial of justice.'" In re Guardianship of J.N.H., 172 N.J. 440, 472 (2002) (quoting In re Guardianship of J.T., 269 N.J.

2019"Appellate review of a trial court's decision to terminate parental rights is limited, and the trial court's factual findings 'should not be disturbed unless they are so wholly unsupportable as to result in a denial of justice.'" In re Guardianship of J.N.H., 172 N.J. 440, 472 (2002) (quoting In re Guardianship of J.T., 269 N.J.