MATTER OF GREGORY B.
542 N.E.2d 1052 (1989)
NATURE OF THE CASE: This was a dispute over termination of parental rights.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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