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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.

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