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Witnessing domestic violence may cause emotional harm to a child but such a conclusion is not to be assumed
15 Nov 2011, 5:39 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law permits the Division to immediately remove a child from his or her parent’s care when there is an imminent danger to the child’s life, safety or health, prior to applying for a court order
29 Nov 2011, 2:56 pm by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parentage is a fundamental right
1 Mar 2011, 7:32 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Parents’ rights to a relationship with a child are balanced against the State’s responsibility to protect the welfare of children
16 Dec 2011, 1:53 pm by PaulKostro
Div. of Youth and Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Who is an abused or neglected child
31 Oct 2011, 3:32 pm by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Once the Division has established a prima facie case of abuse or neglect, the burden of proof shifts to the parent to exculpate herself
28 Aug 2012, 9:32 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court’s decision to terminate parental rights is subject to limited appellate review
7 Dec 2011, 10:15 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Kinship legal guardianship, as an alternative to termination of parental rights, may be considered only when adoption is neither feasible nor likely and kinship legal guardianship is in the child’s best interests
14 May 2012, 3:46 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where DYFS fails to prove all prongs of the best interests of the child standard, any psychological or emotional harm a child may suffer as a result of the breaking of the bond between the child and his or her foster parents cannot, in and of itself, serv
11 Jun 2010, 10:57 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Leaving sleeping children in a locked parked car is VERY DANGEROUS
9 Mar 2010, 7:51 am by PaulKostro
’” New Jersey Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the child’s biological parent resists termination of parental rights, it is the court’s function to decide whether the parent can raise the child without causing harm
25 Oct 2010, 2:31 pm by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law does not permit the Division to embark on a course set for termination of parental rights and adoption by a foster parent without at least first exploring available relative placements.
7 May 2011, 3:05 am by PaulKostro
Div. of Youth and Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A surrender of parental rights is defined to mean a voluntary relinquishment of all parental rights for the purposes of allowing a child to be adopted
15 Nov 2011, 5:14 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Collateral estoppel bars a party from relitigating any issue which was actually determined in a prior action
22 Apr 2010, 9:15 am by PaulKostro
Div. of Youth & Family Servs., 296 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
At a minimum, due process requires that a party in a judicial hearing receive notice defining the issues and an adequate opportunity to prepare and respond
29 Apr 2010, 1:58 pm by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Whether abuse has occurred focuses upon the harm to the child rather than the mental state of the accused abuser
5 Oct 2010, 11:15 am by PaulKostro
DEPARTMENT OF CHILDREN AND FAMILIES, DIVISION OF YOUTH AND FAMILY SERVICES V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
On a determination of abuse or neglect, the law allows agencies to file a complaint in the Superior Court seeking the termination of parental rights
22 Apr 2010, 9:11 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In addition to paternity testing, fatherhood may be demonstrated through a psychological relationship
14 May 2012, 3:44 am by PaulKostro
Law Lessons from NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Terminating parental rights without any compensating benefit, such as adoption, may do great harm to the child
14 May 2012, 3:40 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The act of allowing a child to witness domestic violence does not equate to abuse or neglect of the child in the absence of additional proofs
5 Aug 2010, 11:54 am by PaulKostro
Div. of Youth & Family Servs. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues