Turner v. Department of Services for Children, Youth and Their Families

Summary

The Delaware Supreme Court affirmed the Family Court’s termination of Taryn Turner’s parental rights. The Court held that the Family Court’s findings that Turner failed to plan for the child’s needs, that an additional statutory condition was satisfied, and that termination was in the child’s best interests were supported by clear and convincing evidence. The Court also concluded that the appeal was wholly without merit and deemed counsel’s motion to withdraw moot.

Holdings

1. The Family Court properly terminated the mother's parental rights because DSCYF established by clear and convincing evidence that she failed to plan for the child's needs, an additional statutory condition was present, reasonable reunification efforts had been made, and termination was in the child's best interests.
2. The record supported the conclusion that DSCYF made bona fide reasonable efforts to reunify the mother and child.
3. The Supreme Court would not disturb the Family Court's credibility determination that the mother's denial of a domestic-violence history was not credible.

Questions Presented

1. Whether the Family Court properly terminated the mother's parental rights under 13 Del. C. § 1103(a)(5) based on failure to plan and an additional statutory condition.
2. Whether DSCYF made bona fide reasonable efforts to preserve and reunify the family.
3. Whether termination of the mother's parental rights was in the child's best interests under 13 Del. C. § 722.
4. Whether the Family Court's findings concerning the mother's domestic-violence history and credibility were clearly erroneous.

Disposition

affirmed