Cohen v. Department of Services for Children, Youth and Their Families/Division of Family Services

Summary

The Delaware Supreme Court affirmed the Family Court’s denial of Tanya Cohen’s petitions for guardianship of five grandchildren. The Court held that the Family Court properly applied the guardianship and best-interests standards and that its factual findings were supported by the record. The Court also rejected Cohen’s claim that an alleged friendship between the Family Court judge and a witness created a conflict of interest.

Holdings

1. The Family Court properly applied 13 Del. C. § 2330 and the best-interests factors in 13 Del. C. § 722, and its decision denying Cohen's guardianship petitions was not an abuse of discretion.
2. The alleged friendship did not establish a disqualifying conflict of interest or otherwise warrant reversal because the allegation was unsupported by the record and the Family Court did not rely on the witness's challenged testimony in denying the guardianship petitions.

Questions Presented

1. Whether the Family Court properly denied Cohen's petitions for guardianship after applying the statutory dependency and best-interests standards.
2. Whether the Family Court judge had a conflict of interest based on an alleged friendship with a witness in the mother's termination-of-parental-rights proceeding.

Disposition

affirmed