In the Matter of the Adoption of C.A.W.

E.W. (Father) (defendant) was the father of two daughters with K.B.A. (Mother), C.A.W. and A.A.W. Father had a long history of incarceration and was in jail when a referral was made to the Erie County Office of Children and Youth (the agency) (plaintiff), alleging that C.A.W., who was three years old, and A.A.W., who was two years old, were being sexually abused by Mother’s boyfriend. Upon physical examination, it was determined that A.A.W. had been sexually abused. C.A.W. was developmentally delayed, and both girls demonstrated improper sexual conduct. Both girls were adjudicated dependent and placed in foster care. When the referral was made, Father was in prison, having been convicted on numerous charges related to sexually assaulting a 10-year-old girl. Father had received a sentence of 32 to 72 years of incarceration. By the time Father would be eligible for parole, C.A.W. and A.A.W. would be 35 and 34 years old, respectively. Subsequently, Mother indicated her willingness to voluntarily relinquish her parental rights. After a hearing, at which Father was present, his parental rights to C.A.W. and A.A.W. were terminated. Father appealed. The juvenile court terminated Father's parental rights pursuant to the statutory ground that enabled termination if a parent’s continued incapacity caused a child to lack essential parental care, the causes of the incapacity would not be remedied, and termination was in the child’s best interests. On appeal, Father objected to involuntary termination based on the fact that he had done what he could in sending his daughters letters, gifts, birthday cards, and checks (the caseworker returned the checks), as evidence that he did not intend to forgo his parental rights. The appellate court found this argument without merit because the juvenile court had not based its decision on the ground of abandonment, for which a parent’s absence or failure to provide support while incarcerated was not dispositive. The appellate court focused instead on Father’s alleged incapacity and the best interests of C.A.W. and A.A.W. Testimony had indicated that A.A.W. was receiving intensive treatment for reactive detachment disorder and would need the support of a family actively engaged in her care and an environment that provided permanency.