In Re Heller

669 A.2d 25
CourtSupreme Court of Delaware
DecidedOctober 19, 1995
Docket453/468, 1994
StatusPublished
Cited by84 cases

This text of 669 A.2d 25 (In Re Heller) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Heller, 669 A.2d 25 (Del. 1995).

Opinion

669 A.2d 25 (1995)

In re Termination of Parental Rights, Rita Natalie HELLER[1] and Kevin Cannon Driscoll, Minor children.
Kendall DRISCOLL, Respondent Below-Appellant,
v.
DIVISION OF FAMILY SERVICES, Petitioner Below-Appellee.
Valerie DRISCOLL, Respondent Below-Appellant,
v.
DIVISION OF FAMILY SERVICES, Petitioner Below-Appellee.

No. 453/468, 1994.

Supreme Court of Delaware.

Submitted: July 6, 1995.
Decided: September 6, 1995.
Revised: October 19, 1995.

*28 Thomas J. Eastburn, (argued), Allmond, Eastburn and Benge, Wilmington, for Appellant-Kendall Driscoll.

Vivian A. Houghton (argued), Wilmington, for appellant-Valerie Driscoll.

Wendy A. Rising (argued), Department of Justice, Wilmington, for appellee-Division of Family Services.

Before HOLLAND, HARTNETT, and BERGER, JJ.

*27 HARTNETT, Justice.

In this consolidated appeal from the Family Court, we address the process used to terminate the parental rights as to two young children.

The Family Court held, that under all the circumstances, the Division of Family Services had no duty to attempt a reunification between Appellant-Kendall Driscoll ("Driscoll") and his son Kevin before Driscoll's parental rights could be terminated and that the failure of the Division to prepare a reunification plan did not preclude the Family Court from finding that the termination of the parental rights of Driscoll was in the best interests of Kevin. We find no error in those rulings and we therefore affirm the termination of the parental rights of Driscoll as to his son Kevin.

We also find that there was no violation of the constitutional rights of Valerie Driscoll ("Mother") in the proceedings that terminated her parental rights as to her son Kevin and her daughter Rita. We, therefore, affirm the Order of the Family Court terminating her parental rights as to her two children.[2]

I.

In July, 1991, the State of Delaware Division of Family Services ("the Division") petitioned for, and received, temporary custody of the two minor children. The record clearly shows that both Mother and Driscoll had seriously neglected and abused both children. Kevin was born "cocaine positive" in 1990. Frequently the children were left home alone by Mother and Driscoll, both of whom were extensive illegal drug users. Ultimately, in 1991, Mother and Driscoll pled guilty to endangering the welfare of the two children. Shortly thereafter, Driscoll was sentenced to prison upon pleading guilty to unlawful sexual conduct charges involving Rita (his stepdaughter). In 1993, Mother was sentenced to incarceration in Pennsylvania after pleading guilty to robbery and other offenses.

Between November 1991 and September 1992, on three occasions before Mother's incarceration, the Division developed case plans for the reunification of Mother with both her minor children. Mother failed to substantially comply with any of the requirements of these virtually identical plans and failed adequately to complete any of the required drug treatment programs. Moreover, throughout the time between the development of the first case plan and the Division's petition for termination of her parental rights, Mother maintained little or no contact with either the Division or her minor children.

After the Division received temporary custody, but before his incarceration, Driscoll showed little interest in, and made no contact with, his son Kevin. Furthermore, a No Contact Order of the Family Court preventing Driscoll from having contact with Rita precluded the Division from developing any reunification plan as to Driscoll and Rita, thereby preventing Driscoll from being a part of the effort to preserve the sibling relationship between the two children. The Division, therefore, did not attempt to develop a case plan for the reunification of Driscoll and his son.

*29 On January 11, 1993, the Division filed a Petition For Termination and Transfer of Parental Rights ("the Petition") with the Family Court seeking to terminate the parental rights as to both children with the intention of placing them for adoption with the children's foster care parents. The Family Court conducted a two-day hearing and, in its well-reasoned Opinion dated October 28, 1994, found that the Division had presented clear and convincing evidence that (1) both Mother and Driscoll had failed to plan for the physical, mental or emotional well-being of either child; (2) there was little possibility of remedying the factors that led to the children being placed in the State's care; and (3) termination of the parents' rights was in the best interests of the children. In Re RNH & KCD, Minor Children, Del.Fam., File No. 93-01-0T, Horgan, J. (October 28, 1994). Mother and Driscoll both appealed to this Court.

II.

The clear and convincing standard of proof must be met when the termination of parental rights is sought. Patricia A.F. v. James R.F., Del.Supr., 451 A.2d 830 (1982). On appeal from a decision of an order terminating parental rights, this Court will conduct a limited review of the factual findings to "assure that they are sufficiently supported by the record and result from an orderly and logical deductive process." In Interest of Kelly Stevens, Del.Supr., 652 A.2d 18, 23 (1995). Absent such assurances, or if the factual findings are clearly erroneous, this Court can make independent findings. Levitt v. Bouvier, Del.Supr., 287 A.2d 671, 673 (1972). Additionally, as to appellate issues which "implicate rulings of law, [this Court's] review is de novo and this Court will set aside erroneous interpretations of applicable law." In Interest of Kelly Stevens, 652 A.2d at 23 (citing Black v. Gray, Del.Supr., 540 A.2d 431, 432 (1988)).

III.

Driscoll first claims that the Family Court erred as a matter of law in finding that the Division had no statutory obligation, under all the circumstances present here, to attempt reunification between Driscoll and Kevin after the Petition was filed. 29 Del.C. § 9003 states, in pertinent part:

The Department of Services for Children, Youth and Their Families ("Department"), [of which the Division is a part,] shall have the following powers, duties, and functions:
* * * * * *
(3) To provide for a variety of facilities and services to children, youth and their families which shall include, but not be limited to the following:
* * * * * *
b. Preplacement, preventive services and reunification services;
* * * * * *
(4) To prepare and maintain a written case plan for each child under its supervision or custody ...

Although 29 Del.C. § 9003(3)(b) requires the Division to provide reunification services, subsection (13) clarifies that provision. It states that the Division shall have the power "[t]o provide or contract for services designed to maintain or provide permanent homes for children who are in out-of-home care, through the provision of adoption services or,

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Cite This Page — Counsel Stack

Bluebook (online)
669 A.2d 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-heller-del-1995.