New Jersey Division Of Youth And Family Services v. B.G.S.

677 A.2d 1170 (1996)

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Nature of the Case

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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.