Logourl black
From our private database of 14,000+ case briefs...

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

Superior Court of New Jersey
677 A.2d 1170 (1996)


Facts

The New Jersey Division of Youth and Family Services (DYFS) (plaintiff) filed a petition to terminate the parental rights of B.G.S. (defendant), the mother of M.A.S., based on B.G.S.’s prolonged history of drug and alcohol abuse, mental illness, and relationship with M.A.S.’s father, A.R., who shared the same history as B.G.S. and was also physically abusive. M.A.S. was taken into DYFS custody and placed with a foster family. B.G.S. was permitted overnight visits with M.A.S. at the paternal grandmother’s house. However, DYFS later learned that B.G.S. had circumvented the supervision by taking M.A.S. to her apartment and allowing M.A.S. to have contact with A.R. While in foster care, M.A.S. began to flourish developmentally and emotionally and ceased to exhibit unprovoked aggression toward others. Although B.G.S. showed signs of improvement in her parenting skills during this period, B.G.S. later relapsed, began using drugs extensively, and resumed living with A.R. At a hearing on the petition, a DYFS psychologist testified that M.A.S. had bonded well with the foster mother and should not be returned to the custody of B.G.S. so long as B.G.S. continued to use drugs and cohabitate with A.R. The trial court agreed and terminated B.G.S.’s parental rights but ordered that B.G.S. be notified of any future adoption proceedings involving M.A.S. B.G.S. appealed. DYFS cross-appealed the order of the trial court permitting post-termination visitation by B.G.S. and requiring notification to B.G.S. of any future adoption proceedings.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Petrella, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.