## Facts

- The New Jersey Division of Youth and Family Services (DYFS) sought guardianship and termination of B.G.S.’s parental rights to her son, M.A.S.
- B.G.S. had a prolonged history of drug and alcohol abuse, mental illness with multiple psychiatric hospitalizations, and an abusive relationship with the child’s father, who also had serious substance-abuse problems.
- Although B.G.S. made intermittent efforts at rehabilitation, the record showed repeated relapse and continued instability.
- DYFS removed M.A.S. and placed him in foster care, where he later lived with a foster family who became his legal guardians.
- In the foster home, M.A.S. improved significantly in emotional and developmental functioning and stopped displaying unprovoked aggression.
- Expert testimony indicated M.A.S. formed a strong bond with the foster mother and that removing him from that placement would likely cause harm.
- B.G.S. was allowed structured visitation, including overnight visits at the paternal grandmother’s home.
- DYFS later learned B.G.S. circumvented supervision by taking M.A.S. to her apartment and permitting contact with the father despite DYFS directives and safety concerns.
- Evidence showed ongoing or recurrent drug use, continued cohabitation with the father, and unstable housing and mental-health conditions.
- The Family Part terminated B.G.S.’s parental rights but conditioned termination on continued visitation until adoption proceedings began and required notice to B.G.S. of any adoption so she could seek post-adoption visitation.

## Issues

1. Whether DYFS proved by clear and convincing evidence the statutory criteria for termination of parental rights and guardianship under N.J.S.A. 30:4C-11 to -24, including that termination served the child’s best interests and that alternatives short of termination would not adequately protect the child.
2. Whether a court may condition a termination judgment on continued post-termination visitation and require notice of future adoption proceedings to allow the biological parent to pursue post-adoption visitation.

## Decision

- The Appellate Division affirmed the judgment terminating B.G.S.’s parental rights to M.A.S.
- The court found clear and convincing evidence supporting termination, including the mother’s long-term unresolved substance abuse and mental-health problems, continued association with a dangerous father, and the child’s need for stability in a successful foster placement.
- The Appellate Division reversed and struck the order provisions requiring continued visitation after termination and requiring notice of future adoption proceedings.
- The court held those conditions contravened the governing statutory framework and controlling precedent establishing that termination ends residual parental rights, including visitation, absent legislative authorization.

## Legal Principles

- Termination of parental rights under N.J.S.A. 30:4C-11 to -24 requires clear and convincing proof that the parental relationship has caused or will cause serious harm and that termination serves the child’s best interests, with substantial weight given to permanence and stability.
- A parent’s intermittent compliance or short-lived improvement does not preclude termination when the overall record shows an inability or unwillingness to eliminate harm within a time consistent with the child’s needs.
- When a child has formed a strong, healthy bond with a foster caregiver and removal would likely cause serious harm, that evidence supports termination if reunification would reintroduce instability and risk.
- After parental rights are terminated, the biological parent has no residual right to visitation; courts may not impose enforceable post-termination visitation or adoption-notice requirements absent explicit statutory authority.

## Conclusion

The Appellate Division upheld termination because the evidence showed continuing risk and instability in the mother’s care and a compelling need for permanency in the child’s thriving foster placement, but it struck conditions requiring post-termination contact and adoption notice because termination effects a complete legal severance absent legislative authorization for continuing contact.


N.J. Div. of Youth & Fam. Servs. v. B.G.S., 291 N.J. Super. 582, 677 A.2d 1170 (App. Div. 1996)