Case Summary: DFS filed a motion not to make reasonable efforts to reunify Mother and child pursuant to 13 Del. C. 1103(d). In general, Federal law requires DFS to make reasonable efforts to preserve and reunify the family. These efforts are not, however, required to be made with respect to a parent of a child, if a Court of competent jurisdiction, determines that parental rights of the parent to a sibling have been terminated involuntarily. 42 U.S.C. §671 (a)(15)(D)(iii). This determination is made on a case-by-case basis. In this situation the Mother had failed to comply with her probation. She was to attend drug treatment and failed to do so. She had five other children two of whom are in the care of her mother, one of whom is with a great-aunt, and two whom were adopted and reside together. Regarding the last two children, one was a voluntary termination and one was an involuntary termination. At the hearing, Mother admitted to a history of cocaine use, but stated that while incarcerated she was taking parenting classes, attending job training and counseling. The Court determined that DFS was not required to make reasonable efforts to reunify the Mother and child and that termination of parental rights is an appropriate option given Mother's history of drug use, her incarceration, and the prior involuntary termination of her parental rights.

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