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eBook details

• Title: Powell v. Dept of Services For Children
• Author : In the Supreme Court of the State of Delaware
• Release Date : January 22, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

The respondent-appellant, Amy Powell ("Powell"), appeals from the judgment of the Family Court terminating her parental rights under title 13, section 1103(a)(5) of the Delaware Code. Powell raises five arguments on appeal. First, she contends that the trial judges finding that Powell failed to plan adequately for her childrens needs was not supported by the evidence. Second, she contends that the trial judges finding that termination of parental rights was in the best interests of the children was not supported by the evidence and that the trial judge erred as a matter of law in applying the best interests test. Third, she contends that the trial judge erred as a matter of law in relying on prior Family Court proceedings involving Powell that were not part of the record in this case and in which the children were not found to be dependent. Fourth, she contends that the trial judge erred as a matter of law by relying on evidence and findings in the dependency case, which were subject to only a preponderance of the evidence standard of proof, and by failing to give counsel advance notice that the prior record would be used for that purpose. Fifth, she contends that the petitioner-appellee, the Department of Services for Children, Youth and their Families ("DSCYF"), a part of the Division of Family Services (hereinafter referred to collectively as "DFS"), failed to make reasonable efforts to reunify Powell with her children.

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