Leroy v. DSCYF/DFS

Supreme Court of Delaware · June 6, 2025 · No. 36, 2025

Summary

This Delaware Supreme Court order affirms the Family Court's judgment terminating the appellant mother's parental rights over her three daughters. The lower court determined by clear and convincing evidence that termination was appropriate due to the mother's failure to adequately plan for the children's needs and the unexplained death of another child in her care. After reviewing the record and counsel's motion to withdraw, the Supreme Court found the appeal wholly without merit and affirmed the termination.

Court
Supreme Court of Delaware
Writing for the Court
Collins J. Seitz, Jr.; Valihura; Griffiths
Jurisdiction
Delaware
Decision date
June 6, 2025
Docket number
36, 2025
Procedural posture
Appeal from the Family Court's termination of the mother's parental rights
Precedential value
published
Parties
Dawn Leroy v. Department of Services for Children, Youth and Their Families/Division of Family Services
Disposition
affirmed

Topics

family lawappellate procedureappellate jurisdictionstandard of review

Practice areas

family law

Questions Presented

  1. Whether the Family Court's termination of the mother's parental rights was proper under Delaware law.

Holdings

  1. The Family Court's judgment terminating the mother's parental rights is affirmed.

Key quotations

We therefore conclude that Mother’s appeal is wholly without merit and devoid of any arguably appealable issues.

Factual background

Mother Dawn Leroy is the mother of three children. After the death of a four‑year‑old biological daughter of the mother's paramour while in the mother's care, the Department of Services for Children, Youth and Their Families petitioned for emergency custody and later moved to terminate the mother's parental rights on grounds of failure to plan for the children's needs and alleged neglect. The Family Court terminated the mother's parental rights.

Procedural history

The Family Court held evidentiary hearings, found clear and convincing evidence that the mother failed to plan for the children's needs and that the termination was in the children's best interests, and terminated the mother's parental rights. The mother appealed.

Court Document

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