The Facts of the Case
On 20 December 1988, a boy was born, the herein subject child. On 17 January 1989, he came under the care and custody of petitioner-appellant. On 6 March 1991, the Child Welfare Agency (CWA) filed a petition to terminate the parental rights of the subject child’s natural parents on the grounds of abandonment and permanent neglect. A New York Family Lawyer said that on 9 July 1992, the mother who is not a party to the herein appeal, had her parental rights terminated on the ground of abandonment. Prior to the fact-finding hearing concerning the respondent father, the agency withdrew the allegations of permanent neglect and proceeded on the abandonment cause of action alone. Meanwhile, respondent father was arrested approximately one month after his son’s birth and remains incarcerated to date. It is undisputed that respondent father made no contact with his son or the agency between the date of his arrest and the filing of the petition more than two years later. Nonetheless, after a fact-finding hearing, the Family Court dismissed the petition on the grounds that respondent father proved that he did everything he could to locate his son; that petitioner discouraged contact between respondent father and his son; and that petitioner made no attempt to notify respondent father as to the whereabouts of his son. Thus, an appeal of the said order of the court followed.
The Ruling of the Court:
New York Family Law Blog

