New Jersey Div. Of Youth And Family Services v. A.W

512 A.2d 438 (1986)

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Nature of the Case

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Facts

Adrian (M) and Robert (F) and 30 and 35 years old at the time of this action. They both have limited abilities with F having borderline personality disorder. They had their first child in 1974 and interfaced with DYFS then when it was reported that the child had been abandoned. The child was in the hospital, severely injured, to which M attributed the injuries to F beating the child. The child and M were assisted to move to M's mother's house, but that did not last long as they moved back in with F. In 1976, M and the child were removed from the home and M moved back in the next day. A placement agreement was signed to allow care of the child by her paternal great-grandmother. The couple married in 1977 even though F continued to beat M. In 1978, they again got the child. Another daughter was born in 1978, and once again M asked for protection from F. The two girls were placed in foster care and the older child showed signs of physical injury and severe emotional disorder. There was no doubt that M was passive and F was increasing abusing her and their children. Two boys were born, and one of them was eventually placed in foster care. The girls were not seen by the parents in over a year, and visits to the home showed it to be in complete disarray. A fifth child was born, and he died in 1982. Faced with information that the death was not accidental, DYFS went to the home, and the caseworker found what could only be considered appalling conditions. The two boys showed signs of physical neglect and lack of emotional and developmental growth. The boys were placed under care and custody. Despite these problems DYFS sought to work with M and F to facilitate returning the entire family to M and F The death was confirmed not to be by foul play as it was attributed to SIDS. Their last child was born in 1984 and because of health concerns the child was placed with DYFS. After a two-day trial, the court found it was in the best interests of the boys to be returned and eventually after further evaluation possibly the girls as well. The court ruled that the children were the victims of cultural and financial deprivation and that DYFS had made no efforts to return the children. This appeal resulted.