Case Summary: DFS petitioned for the termination of parental rights on the grounds of failure to plan and abandonment. Mother contested the petition. In a pre-trial matter, Mother requested the appointment of counsel three days prior to the trial date. The Court denied the request since Mother had been numerous opportunities over the preceding four months to request counsel and had been thoroughly warned of the ramifications of a failure to request counsel. Until just prior to trial, Mother had been adamant that she could hire her own attorney and did not need the Court's assistance. At trial, Mother proceeded pro se. After a presentation of the evidence, the Court concluded that Mother had both failed to plan for her children, and had abandoned her children. Under the abandonment analysis, the Court concluded that Mother did not intend to abandon her children; however, the Court applied 13 Del.C. §1103(a)(2) b., where no intent to abandon is required, and found that grounds had been met. The Court went on to find that Mother also failed to plan and that it was in the best interests of the children for Mother's parental rights to be terminated.

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