Jacks v. Division of Family Services and Office of the Child Advocate

Summary

The Delaware Supreme Court affirmed the Family Court's order terminating Linda Jacks's parental rights in her four children. The court held that the Family Court properly evaluated the children's best interests under 13 Del. C. § 722 and did not abuse its discretion in weighing the children's wishes, adjustment, and mental and physical health.

Holdings

1. The Family Court did not abuse its discretion in treating the children's wishes as a neutral factor.
2. The Family Court did not abuse its discretion in finding that the children's adjustment to foster care weighed in favor of termination.
3. The Family Court did not abuse its discretion in finding that the children's mental and physical health weighed against reunification and in favor of termination.
4. The Supreme Court affirmed the Family Court's judgment terminating Jacks's parental rights.

Questions Presented

1. Whether the Family Court abused its discretion in finding that the children's wishes were a neutral factor under 13 Del. C. § 722.
2. Whether the Family Court abused its discretion in finding that the children's adjustment to their homes, schools, and community weighed in favor of termination.
3. Whether the Family Court abused its discretion in finding that the mental and physical health of the individuals involved weighed in favor of termination.

Disposition

affirmed