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Case Summary: Petition was brought by prospective adoptive
parents to be permitted to have counsel observe the TPR proceeding
on the premise that they have a strong, legitimate interest in the
outcome of the case. The Court opined that 13 Del.C. §
1107(g) does not specifically close all proceedings, but has instead
left it to the Court's discretion to open the hearing to the public
for "sufficient reasons". The Court distinguished this
instance from In re: Kelly Stevens, holding that the prospective
adoptive parents have not asked to intervene in the matter, but
have instead asked only that their counsel observe the proceedings.
The Court then looked to Family Court Administrative Directive 98.02,
concluding that this directive did not just apply to a request by
parties (as counsel suggested), but instead was created by the Chief
Judge for the overall purpose of enhancing and facilitating the
management of the operation of the business of the Court, and the
specific purpose of clarifying perceptions of the parties or the
general public with regard to Family Court proceedings. The Court
then carefully weighed all of the circumstances in the case, including
the sensitive material being discussed and the possible effect of
releasing embarrassing information, and concluded that the prospective
adoptive parents' counsel may observe the proceedings
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