NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES V. B.G.S.
677 A.2d 1170 (1996)
NATURE OF THE CASE: This was a dispute over termination of parental rights.
FACTS: D has a child and in December 1988, left her one-month-old in her apartment, and
traveled to her father's house without either a coat or shoes. The child was placed in
foster care and D sought hospitalization for herself. D had abused alcohol and drugs since
she was 13 years old. D regained custody but lost it again in less than a year. The child
was placed in the paternal grandmother's home and visitation was permitted by D but they
resulted in severe trauma to the child. The home visits ceased and the grandmother decided
to decline supervision when there was an attempt to break into her home by the boy's father.
There was evidence that the father had sexually abused the child. The child was placed in
foster care and showed abusive and unprovoked aggression towards other children. It was
determined that the child was developmentally delayed and he was transferred twice until he
got to the current foster home in which the child currently remains. By spring of 1991,
things began to flourish for the child and the child showed remarkable improvement. It was
recommended by the experts that the child should be returned to D. D showed some improvement
but soon relapsed into mental illness and drug abuse when she reconciled with the father of
the child. Social Services then determined that it was best for the child to be adopted. An
expert testified that the boy had bonded to the foster mother and that it was best to let
him there and to cease all visitations by D. Experts testified that D was afflicted with
bipolar disorder and manic depression and was not capable of caring for the child. The
father was HIV positive. The trial court terminated the rights of both parents. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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