New Jersey Division of Youth and Family Services v. B.G.S.

The Division of Youth and Family Services (DYFS) (plaintiff) sought to terminate the parental rights of B.G.S. (defendant), the mother of M.A.S., based on her long history of drug and alcohol abuse, mental illness, and relationship with the child's father, who shared her history and was physically abusive. After M.A.S. was placed in foster care, B.G.S. was allowed supervised overnight visits, but DYFS learned she was circumventing supervision by bringing the child into contact with the father. M.A.S. thrived developmentally and emotionally in foster care and stopped exhibiting unprovoked aggression, and although B.G.S. initially showed improved parenting skills, she later relapsed into heavy drug use and resumed living with the father. A DYFS psychologist testified the child had bonded with the foster mother and should not return to B.G.S. while she continued using drugs and cohabitating with the father. The trial court terminated B.G.S.'s parental rights but allowed her post-termination visitation and required notice of any future adoption; both B.G.S. and DYFS appealed different parts of the ruling.