Warner v. DSCYF
154, 2016
| Del. | Oct 25, 2016Background
- Mother (Amanda Warner) appealed the Family Court order terminating her parental rights to two children; Father’s rights were also terminated.
- Mother’s counsel filed a no-merit brief and moved to withdraw under Del. Supr. Ct. R. 26.1(c); Mother filed no pro se issues.
- Family Court found clear and convincing evidence that Mother had failed to plan for the children’s physical and mental/emotional needs and that the children had been in DFS custody for over one year.
- Family Court found Mother completed none of her case plan requirements despite DFS’s reunification efforts and determined DFS made reasonable, bona fide efforts to reunify.
- After weighing the statutory best-interest factors (13 Del. C. § 722), the Family Court concluded termination was in the children’s best interests and entered judgment terminating Mother’s parental rights.
- This Court reviewed the record, found no abuse of discretion or legal error, affirmed the Family Court, and deemed counsel’s withdrawal motion moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a statutory basis to terminate parental rights (failure to plan) | Mother did not present issues on appeal | DFS: record shows clear and convincing evidence Mother failed to plan | Affirmed: clear and convincing evidence supported failure-to-plan termination |
| Whether DFS made bona fide, reasonable reunification efforts | Mother did not contest adequacy of efforts | DFS: engaged in reasonable efforts and offered services; Mother failed to participate | Affirmed: Court found DFS made reasonable, bona fide efforts |
| Whether termination was in the children’s best interests under 13 Del. C. § 722 | Mother did not argue best-interest factors on appeal | DFS: best-interest factors supported severing parental rights | Affirmed: Family Court’s factual findings on best interests supported termination |
| Whether counsel properly filed a no-merit brief and may withdraw under Rule 26.1(c) | Mother did not oppose withdrawal or raise claims | Counsel: performed conscientious record/law review; no meritorious issues | Court accepted counsel’s assessment; withdrawal motion moot after affirmance |
Key Cases Cited
- Shepherd v. Clemens, 752 A.2d 533 (Del. 2000) (statutory standard for termination under 13 Del. C. § 1103)
- Powell v. Dep’t of Servs. for Children, Youth & Their Families, 963 A.2d 724 (Del. 2008) (requirement that DFS make bona fide reasonable efforts and discussion of best-interest analysis)
- Wilson v. Div. of Family Serv., 988 A.2d 435 (Del. 2010) (standard of appellate review for termination decisions)
- In re Hanks, 553 A.2d 1171 (Del. 1989) (cases addressing reunification effort requirements)