Dep't of Servs. v. Dimarco (In re Torres (dob: 4/13/2011)

• Decision Date: 11 January 2022
• Docket Number: CN16-03292,Petition 21-27791
• Parties: DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES ("DSCYF"), Petitioner, v. DIANA M. DIMARCO, LUIS J. TORRES and DEBORAH L. DIMARCO, Respondents. IN THE INTEREST OF: Angelina Torres (dob: 4/13/2011) Xavier Torres (dob: 2/2/2013) Anthony Torres (dob: 2/3/2015)
• Court: Delaware Family Court

DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES ("DSCYF"), Petitioner,
v.
DIANA M. DIMARCO, LUIS J. TORRES and DEBORAH L. DIMARCO, Respondents.

IN THE INTEREST OF: Angelina Torres (dob: 4/13/2011) Xavier Torres (dob: 2/2/2013) Anthony Torres (dob: 2/3/2015)

No. CN16-03292

Petition No. 21-27791

Family Court of Delaware, New Castle

January 11, 2022

Ex Parte Order: 11/29/2021

Preliminary Protective Hearing Order: 12/17/2021

PRESENT FOR THE HEARING: Michelle Skoranski, DAG for DSCYF Jilissa Johnson, DSCYF Angelina Smith, DSCYF treatment worker Diana DiMarco, Mother Luis Torres, Father Deborah DiMarco, Guardian F. Phillip Renzulli, Esq., Mother's Atty George Tsakataras, Esq., Father's Atty Shane Handlin, Progressive Life LaTysse Mack, CASA Coordinator Jeanette Raiford, CASA Officer Mulford, New Castle County Police Gwenolyn Higgin, Foster Mother

ADJUDICATORY HEARING ORDER

FELICE GLENNON KERR, JUDGE

PROCEDURAL HISTORY

On January 7, 2022, the Court held an Adjudicatory Hearing in the interest of Angelina Torres, Zavier Torres and Anthony Torres. Diana DiMarco ("Mother") was present for the hearing and was represented by F. Phillip Renzulli, Esquire. Luis Torres ("Father") was present for the hearing and was represented by George Tsakataras, Esquire. Deborah DiMarco ("Guardian") was present without counsel. The Court heard testimony from Officer Mulford, Jilissa Johnson, the investigative worker from DFS, Guardian, Father and Foster Mother. All three Respondents contested the Petition at the outset of the hearing although Mother subsequently Stipulated to dependency at the conclusion of the hearing. The Court also received into evidence Mother's records from Brandywine Counseling and from Dr. Fenice who oversaw Mother's medication management treatment for heroin addiction.

The Court Granted Guardian temporary guardianship of all three Children August 26, 2016. At that time Guardian appeared in Court and Father participated by telephone from Frackville Prison in Frackville, Pennsylvania. Mother did not appear. Guardian testified that

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Mother called her Allentown, PA and asked her to pick her up with the kids. Mother beat Anthony in the legs with a phone charger. The Court also made findings based upon Guardian's testimony on August 26, 2016 that Mother had a drug abuse problem.^[1] Father agreed to the temporary guardianship and also acknowledged that Mother was having problems. The Court notes that in this Order the Court observed that Guardian had three adult children who all had substance abuse problems and that she could not turn a blind eye to these problems. On December 22, 2016, the Court held a final guardianship hearing and awarded Guardian final guardianship of the Children. Father was still incarcerated and participated by phone and agreed to the guardianship although he wanted the Children back when he was released. Mother again did not appear. Guardian and Father both stated that Mother seemed to be doing better and Guardian advised that Mother was taking methadone but was not in a position to take the Children back. Father filed a Petition for Rescission of Guardianship on October 2, 2020, almost 4 years after the Guardianship was granted. The Court held a case management conference and scheduled the hearing...