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Bailey v. Division of Family Services

Supreme Court of Delaware

November 13, 2014

CLAUDIA BAILEY, [1] Respondent Below-Appellant,
DIVISION OF FAMILY SERVICES, Petitioner Below-Appellee

Submitted September 30, 2014

Case Closed December 2, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below--Family Court of the State of Delaware, in and for New Castle County. File Nos. 14-02-03TN, 14-02-04TN, and 14-02-05TN Petition Nos. 14-03114, 14-03116, and 14-03119.

Before HOLLAND, RIDGELY, and VALIHURA, Justices.


Henry duPont Ridgely, Justice

This 13th day of November, upon consideration of the appellant's opening brief filed pursuant to Supreme Court Rule 26.1(c), her counsel's motion to withdraw, and the responses filed by the Division of Family Services (DFS) and the Office of the Child Advocate (OCA), it appears to the Court that:

(1) The respondent-appellant, Claudia Bailey (" the Mother" ), filed this appeal from the Family Court's order, dated April 16, 2014, which terminated her parental rights with respect to her three minor children, John (born September 11, 2002), Trevor (born September 15, 2005), and Richard (born May 27, 2010).[2] The Mother's appointed counsel on appeal has filed a brief and motion to withdraw pursuant to Rule 26.1(c). Counsel asserts that she has made a conscientious review of the record and the law and can find no arguable grounds for appeal. Mother has enumerated several points for the Court's consideration on appeal. DFS and OCA have filed responses to the brief and have moved to affirm the judgment below.

(2) On January 2, 2013, DFS filed an emergency petition for temporary custody of the three children after their four-year-old brother died while in the Mother's care. DFS alleged that the children were dependent and/or neglected in their Mother's care. A preliminary protective hearing was held on January 9, 2013 and an adjudicatory hearing was held on February 8, 2013. Custody of the children was continued with DFS. Thereafter, the Family Court held a dispositional hearing and three review hearings.

(3) On December 31, 2013, DFS filed a motion requesting that the goal be changed from reunification to termination of parental rights. The Mother filed a response to DFS' motion and also filed her own motion seeking visitation with the children. The Family Court held a permanency hearing on February 14 and February 28, 2014. Following the hearing, the Family Court changed the goal to termination of parental rights (TPR) with a concurrent goal of reunification. The Family Court also ordered that the Mother could have visitation with the children only in the discretion of the children's therapist.

(4) The TPR hearing was held on March 18, 2014. The Family Court heard testimony from eleven witnesses who included a licensed psychologist, a parent educator, John and Trevor's therapist, a parent aide, a DFS investigator, a DFS family crisis therapist, the Mother's probation officer, a DFS treatment worker, a DFS supervisor, a clinical social worker with the Progressive Life Center, and the Mother. The testimony from the witnesses fairly established that DFS had developed a case plan for the Mother in January 2013, which required the Mother to maintain regular visitation with the children, obtain adequate employment and maintain stable finances, obtain stable housing, choose appropriate caregivers, attend the children's medical appointments, complete a parenting class, have a mental health evaluation and follow any recommendations for treatment, comply with the conditions of her criminal probation, and access services to meet the children's physical, mental, and educational needs.

(5) The testimony of the witnesses, including the testimony of the Mother herself, established that she had failed to comply with the elements of her case plan. By the time of the TPR hearing, the children had been in DFS custody for more than a year. In that period, the Mother had not maintained consistent visitation with the children and had not visited them since April 2013. She did not have stable housing or proof of adequate employment. She had not completed the intake for obtaining a parent aide. She had not completed the parenting class. She had not completed the mental health evaluation. She had been incarcerated for several months during the course of the dependency/neglect proceedings for a violation of probation and had other pending criminal charges at the time of the TPR hearing (which could result in further incarceration).

(6) The therapist for John and Trevor testified that both boys were receiving intensive treatment and have profound mental health needs due to the severe nature of the traumatic experiences they suffered while in the Mother's custody. While both continue to struggle, they have supportive and loving interactions with their foster family. Mother's inconsistent visitation with the children had led the therapist to conclude that visitation with her was not in their best interests. Although the Mother testified that she wanted the children to ...

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