Case Summary: DFS sought termination of parental rights as to both parents after their three month old daughter arrived in the emergency room with numerous fractures to her skull, limbs and torso. 

Father subsequently pled guilty to assault by abuse or neglect,  Meanwhile, DFS entered into a plan for reunification with Mother.  Later, DFS filed a petition to termination of the parental rights of both parents pursuant to to13 Del.C. §1103(a)(5), (a)(7) and (a)(8), among others.  Subsequently, DFS determined to proceed against Mother solely on the grounds of 13 Del.C. §1103(a)(7) and (a)8, alleging that Mother subjected her child to torture, chronic abuse, and/or life threatening abuse, as well as willful neglect. 

Although Mother consented to DFS dropping the allegations as to failure to plan (13 Del.C. §1103(a)(5)), Mother argued that DFS must provide reasonable efforts to reunify her with her child before prevailing on a TPR petition.  Mother further argued that because DFS had already begun to offer reunification services, they must continue those services.   

The Court disagreed.  Specifically, the Court held that under 13 Del.C. §1103(d), DFS is not required to establish by clear and convincing evidence that it has made reasonable efforts to effectuate reunification of mother and child when aggravated circumstances are involved.  The Court reasoned that the statute explicitly makes such efforts voluntary and further held that “[i]f it is voluntary to offer such services, it is voluntary to not offer such services.”

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