Department of Children & Family Services v. B.C.

A parent’s rights can be terminated, under our statute, if the parent is incarcerated for a period which will constitute a substantial portion of the child’s minority. The question in this case is whether the statute allows the court to consider the entire period of incarceration, or only the period to be served after the petition for termination is filed. We conclude that it is the former and reverse.

The trial court found that the father, who was serving a seven year, nine month sentence, has a projected release date from prison of January 2006, when the *956child will be eight. When he is…