In re Guardianship and Custody of Delores B.

30 Misc. 2d 484, 496 N.Y.S.2d 930 (1985)

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In re Guardianship and Custody of Delores B.

New York Family Court
30 Misc. 2d 484, 496 N.Y.S.2d 930 (1985)

Facts

Delores B. was the six-year-old child of Willie B. (defendant), who was sentenced to 25 years’ to life imprisonment for murder. Willie was serving his sentence when Delores was born. Willie had regular contact with Delores and the state’s child-services agency (the agency) (plaintiff) and visited with Delores whenever the agency brought her to the prison. Willie planned for his family to care for Delores during his imprisonment, but even with the help of the agency, the plan failed. The agency facilitated Willie’s relationship with Delores to the extent possible within the constraints of imprisonment. Willie was unwilling to consent to Delores’s adoption and suggested that Delores remain in foster care. The agency filed a petition to terminate Willie’s parental rights, alleging Willie’s “permanent neglect” of Delores, based on Willie’s failure to provide a realistic and feasible plan for Delores’s future.

Rule of Law

Issue

Holding and Reasoning (Marks, J.)

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