Matter Of Gregory B.

542 N.E.2d 1052 (1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was currently serving a prison sentence of 10-20 years after his felony conviction. D had two children, and they were in foster care since 1981. This was a voluntary placement by the mother. The foster parents wanted to adopt, and in July 1986, a petition was filed to terminate the rights of both biological parents on the grounds of permanent neglect. D presented evidence that he did his best to maintain the father-child relationship and was counting on the biological mother to care for the children until his release. D also presented evidence to have his mother look after the children, but that was determined not to be a viable option. Based on that evidence, the Family Court concluded that the children were permanently neglected and terminated both parental rights in the best interests of the children.

In the second case, D1 was currently serving two concurrent sentences of 25 years to life. His two children have been in foster care, and now the foster parents wished to adopt them. A termination proceeding was instituted, and it proved that relatives were unable or unwilling to care for the children. The only plan D1 presented was to keep his children in foster care until he was released from prison. The Family Court dismissed the petition for Delores as the 1983 reforms precluded a court from terminating parental rights solely on the basis of incarceration. But the court approved the petition of the Willie finding permanent neglect as D failed to plan for the boy's future even before his incarceration. The Appellate Division reversed the order regarding Delores, it was remanded, and the Family Court found Delores to be permanently neglected.