Adoption House v. M.S. and D.V.
Del. Fam., File No. 01-07-04TN
Coonin, J.
(October 18, 2001)

 

     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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