2015 WL 4930945
Del. Fm. Ct.2015Background
- DFS filed for termination and transfer of parental rights of S.P. concerning the Child A.P., who has significant health needs.
- In 2014, S.P. was arrested for sexually abusing the Child and for recording/distributing images; DFS obtained temporary emergency custody.
- S.P. pleaded guilty in 2014 to first-degree rape of a child, sexual exploitation of a child, and dealing in child pornography; sentenced to 70 years; currently incarcerated.
- In 2012, DFS supported S.P.'s adoption of the Child; the Child was eight, with cerebral palsy and GI issues; adoption was approved.
- Prior allegations against S.P. included two investigations (stepsister and a three-year-old cousin); investigations were closed without findings; these prior allegations were not disclosed to the Court during the adoption.
- During the adoption proceedings, it was unclear whether S.P. disclosed the prior abuse; the Court held a hearing to memorialize information not in the record; final hearing on termination occurred on April 7, 2015, where S.P. eventually consented to termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Department fail to disclose all reports of abuse under § 309(d)(3)? | Department must disclose all abuse reports to the Court. | Department regulations limit disclosure to substantiated reports. | Department's regulation misreads § 309(d)(3); must disclose all reports. |
| Is the Department's regulatory interpretation of § 309(d)(3) valid or void for adoptions? | Full disclosure serves legislative intent and Court review. | Regulation properly interprets substantiation to limit disclosures. | Department's interpretation is flawed and void as applied to adoptions. |
| Was termination of S.P.'s parental rights warranted based on the evidence? | There are statutory grounds and best-interests support. | Consent and evidence may not fully establish grounds or best interests. | Clear and convincing evidence supports termination and best interests. |
Key Cases Cited
- Powell v. Levy Court of Kent Cty., 236 A.2d 374 (Del. 1967) (statutory construction principles and tailored review of agency actions)
- Cede & Co. v. Technicolor, Inc., 758 A.2d 485 (Del. 2000) (quotational and analytical framework in corporate law contexts)
- Pub. Water Supply Co. v. DiPasquale, 735 A.2d 378 (Del. 1999) (administrative regulation review standards and reasonableness)