This Article examines the parental rights of incarcerated mothers under New York's foster care and termination of parental rights laws. It describes the foster care system in New York, the grounds for a termination of parental rights proceeding, and the problems that persist despite New York's legislative reforms. After examining these problems, the author proposes several legislative solutions, which include: (1) improving incarcerated parents' access to court proceedings; and (2) requiring social services agencies and prison officials to provide the services necessary to maintain and strengthen the parents' parental relationships. This Article concludes that, while New York has enacted legislation that recognizes the special needs of incarcerated parents whose children are in foster care, further legislation is necessary to address the problems that remain unresolved.
Philip M. Genty,
Protecting the Parental Rights of Incarcerated Mothers Whose Children are in Foster Care: Proposed Changes to New York's Terminaton of Parental Rights Law,
17 Fordham Urb. L.J. 1
Available at: http://ir.lawnet.fordham.edu/ulj/vol17/iss1/1