Matter of Gregory B.

New York Court of Appeals

542 N.E.2d 1052 (N.Y. 1989)

A court may terminate a biological parent’s parental rights on the basis of the parent’s incarceration.

Relevant Facts

In 1980, the father (the defendant) of two children was convicted of a felony and sentenced to 10 to 20 years in prison. The children were born in 1979 and 1980, and were placed in foster care. In 1986, St. Dominic’s Home (the plaintiff), a child care agency, filed a petition for termination of the father’s parental rights based on permanent neglect so that the children could be adopted. Furthermore, the defendant did not have a viable plan for care of his children. The family court granted the petition. The appellate court affirmed. The father appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 12, 2020

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Procedural History

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Citations

542 N.E.2d 1052 (N.Y. 1989)