Case Summary: DFS sought to terminate Mother's rights on grounds of abandonment and failure to plan. The Court found that DFS had made reasonable efforts to reunify the family. The Court found that the Mother had shown an interest in the child occasionally and therefore could not grant termination on the grounds of abandonment. The Court looked then to failure to plan under 13 Del.C. §1103(a)(5). The Court found the following relevant facts. The child was born addicted to methadone. Mother had been arrested for robbery and assault charges. Mother never provided a home for the child, never completed a drug treatment program, nor was she employed. Her other children were also in the care of others. Since the child entered the care of DFS as a newborn the statutory period of six months for infants was met. The child is at an ideal age for adoption. The Court then looked to the best interest test under 13 Del.C. §722. The Court found that there was no bond between Mother and child, and that the child was bonded well with the foster family. The Court found that it was in the best interest of the child to terminate Mother's parental rights.

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