Matter of Gregory B.
New York Court of Appeals
542 N.E.2d 1052 (N.Y. 1989)
Relevant factsFree
A father (defendant) was convicted of a felony in 1980 and sentenced to 10 to 20 years, shortly after his two children were born; the children were placed in foster care. St. Dominic's Home (plaintiff), a child care agency, petitioned in 1986 to terminate his parental rights for permanent neglect so the children could be adopted, noting he had no viable care plan.
IssueFree
Whether a court may terminate a biological parent's parental rights on the basis of his incarceration.