Green v. Division of Family Services

Summary

The Delaware Supreme Court affirmed termination of the parental rights of a mother and two fathers for failure to plan for their children. The court held that the Interstate Compact on the Placement of Children may apply to placement of dependent children with non-custodial natural parents, including out-of-state parents, in circumstances involving court custody and questions about parental fitness or the need for continuing supervision. The court also rejected the fathers' due process claims and upheld the Family Court's judgments.

Holdings

1. The Family Court's termination judgments were supported by clear and convincing evidence that Taylor, Green, and Gelman failed to plan for their children and that termination was in the children's best interests.
2. The ICPC applies to placement of a dependent child with a non-custodial natural parent in circumstances where the court has legal custody and must evaluate the parent's fitness and the need for continuing supervision.
3. Applying the ICPC to Green and Gelman did not violate due process because they could appeal the denials of their home studies in Virginia.

Questions Presented

1. Whether the Family Court had clear and convincing evidence that Taylor, Green, and Gelman failed to plan for their children and that termination of parental rights was in the children's best interests.
2. Whether the Interstate Compact on the Placement of Children applies to placement of a dependent child with a non-custodial natural parent residing in another state.
3. Whether applying the ICPC placement and home-study requirements to the non-custodial fathers violated their due process rights.

Disposition

affirmed