In re Delores B.

OPINION OF THE COURT

Leah R. Marks, J.

Delores B. is a six-year-old child whose father, Willie B., was already incarcerated at the time of the child’s birth. This case is concerned only with the parental rights of Willie B. who is serving a term of 25 years to life in New York State for murder. Under the law he has a right to prevent his child’s adoption unless grounds exist to terminate that right.

The petitioning agency has brought an action to terminate his legal rights of custody and guardianship on the basis of his "permanent neglect”1 of the child.

Until January 1, 1984, a prisoner serving…