Div. of Family Services v. P C

• Decision Date: 23 February 2022
• Docket Number: Case 22-00943,CN13-01927
• Parties: DIVISION OF FAMILY SERVICES/ DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES, Petitioner, v. P C, and H Q, Respondents. In the Interest of: H Q (born xx/xx/2008)
• Court: Delaware Family Court

DIVISION OF FAMILY SERVICES/ DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES, Petitioner, v. P C, and H Q, Respondents.

In the Interest of: H Q (born xx/xx/2008)

No. CN13-01927

Case No. 22-00943

Family Court of Delaware, New Castle County

February 23, 2022

CASE HISTORY:

Ex Parte Order: 01/20/2022

PRESENT FOR THE HEARING

Victoria R. Witherell, Esquire/DAG

Sha-Ron Hurtt (DFS)

Brineka Neal (DFS)

Shannon Holeman (DFS)

Tiffany A.Poole, Esquire (for Mother)

Kelly Ensslin, Esquire (for Child)

Shania Collins (Progressive Life Center)

H Q (Father)

PRELIMINARY PROTECTIVE HEARING ORDER

MICHAEL W. ARRINGTON, JUDGE

A Preliminary Protective Hearing was held on the 26^th day of January 2022. After hearing evidence the Court finds that:

1. The Court finds the Child is not dependent as to Father. Father has the ability to provide necessary care with regard to food, clothing, shelter, education, health care, medical care or other care necessary for the child's emotional physical or mental health, or safety and general well-being. Custody is rescinded from DSCYF to Father effective February 23, 2022.

2. Mother did not appear for the hearing.

a. Since April 2021, Mother has an open investigation case with DSCYF. Mother has mental health concerns and Mother has not done anything to address her mental health concerns.

b. In mid-April 2021, Mother was discharged from a New York Psychiatric Hospital with a discharge plan to engage in therapeutic service at PACE in Delaware. Mother never followed up with these services. DSCYF made a referral for Mother to have an assessment and services for mental health and substance abuse through the Bridge Clinic. Mother never followed up on this referral.

c. Mother has prior mental health diagnoses. Mother is diagnosed with Bi-Polar Disorder, Depression, Anxiety, Post-Traumatic Stress Disorder (PTSD), and Alcohol Dependency.

d. In April 2021, Mother's treatment worker helped Mother complete an SRAP housing voucher application and Mother was issued the voucher in August 2021. Mother failed to identify a property or follow through with the voucher. Mother was housed at the Hope Center and then at four to five different motels on a motel voucher. Mother lived with Child and Child's Maternal Sister during this time. Mother has not obtained or maintained stable housing.

e. DSCYF had a meeting with Mother on June 15, 2021, and Mother refused to engage with DSCYF because Mother claimed DSCYF harassed her. Mother re-engaged with DSCYF in October 2021 when she was discharged from the Hope Center.

f. DSCYF testified that there are concerns about Mother's substance abuse. DSCYF does not know Mother's current usage.

g. DSCYF testified that Mother has a prior DSCYF history and was substantiated in the past for neglect of an infant child. The child passed away while in Mother's care and Mother was under the influence of alcohol at this time.

h. Mother has not cooperated with DSCYF.

i. Mother was given the link to the hearing on Zoom and was never informed to appear at the Court in person. Mother failed to appear for the hearing.

3. DSCYF has contacted Father. Father appeared for today's hearing. DSCYF and Child's counsel conceded that Child is not dependent in Father's care.

a. Father was absent from Child's life for eight years because of the toxic relationship between Mother and Father. DSCYF testified that there were domestic violence concerns. However, there is no active PFA or any PFA after a hearing on the merits against Father.

b. Father did not attempt to reach out to Child when Child stayed in a shelter and motels with Mother. Father testified that he reached out to DSCYF to contact Child, but DSCYF informed him only that Child was safe. Father struggled to contact Mother because of various PFA Order and No Contact Orders between Father and Mother. Mother never told Father about Child's location.

c. Father testified that he is employed, has stable housing and can financially provide for Child. Father resides in a three-bedroom home in Wilmington, DE with his fiancé. Father works at Fairfield Inn as Chief Engineer and makes between $28, 000 to $30, 000 per year. Father works from 8:00 until 3:30 or 4:00 p.m. during the week. Father testified that he has a strong family network to help support him and Child.

d. DSCYF testified that Child is open to living with Father but has not seen him in a long time. Child is worried about her younger maternal sister. Father testified that he would help Child maintain contact with Child's younger maternal sister.

e. Father was granted primary residential placement of Child in 2014. In 2015, Father decided to place Child with Mother because Child wanted to live with Mother.

f. Although Father testified at trial that he had

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