DFS v. D.S. and L.K.S.
Del. Fam., CS99-12-04-TPR
Jones, J.
(November 6, 2001)

 

     Case Summary: DFS sought termination of parental rights for failure to plan. The Court first found that DFS had made reasonable efforts to reunite the family. The Court then conducted the analysis for termination due to failure or inability to plan under 13 Del.C. §1103 (a)(5). The Court found the following relevant factors. Mother is diagnosed with schizophrenia and breast fed while she was taking medications for this disorder. A forensic psychologist stated that Mother places her own needs over her children. Mother is currently on probation for stabbing the children's Father and she does not understand the impact that domestic violence has on her children. Mother is in AA; however, she still consumes alcohol. She did not consider parenting advice that she received from the parenting aid. She has had a sporadic employment history and her income does not cover her expenses. The Court took into account the children's' improvements since being away from their Mother. The Court found that the conditions which had caused the children to be placed with DFS had not been remedied. The Court also terminated the Father's rights since he had not had any contact with the children since 1997 and did not show for the hearing. The Court concluded after a best interest analysis under 13 Del.C. §722(a) that it was in the best interest of the children for parental rights to be terminated.

Back to Case Law