Hughes v. Division of Family Services
| Decision Date | 29 October 2003 |
| Docket Number | No. 95,2002.,95,2002. |
| Citation | 836 A.2d 498 |
| Parties | Susan HUGHES and Walter H. Vernon, Respondents Below-Appellants, v. DIVISION OF FAMILY SERVICES, Petitioner Below-Appellee. |
| Court | Supreme Court of Delaware |
Margaret R. Cooper, Esquire, Hudson, Jones, Jaywork & Fisher, Georgetown, Delaware, attorney for appellants.
James S. Reichert, Esquire, Department of Justice, Georgetown, Delaware, for appellee.
Before VEASEY, Chief Justice, HOLLAND, BERGER, STEELE and JACOBS, Justices (constituting the Court en Banc). HOLLAND, Justice.
The respondents-appellants, Susan Hughes (the "Mother") and Walter H. Vernon (the "Father", or collectively, "the parents"), filed a timely notice of appeal with this Court from a final judgment of the Family Court. Pursuant to that judgment, the Family Court granted the petition of the Division of Family Services ("DFS"), petitioner-appellee, to terminate the Mother's and the Father's parental rights.
The Mother and the Father have raised three issues on appeal. First, they argue that the decision of the Family Court to terminate their parental rights, based on the couple's failure to plan, was not supported by clear and convincing evidence and was not the result of a logical deductive reasoning process. Second, they argue that the Family Court erred in finding that DFS had exerted all reasonable efforts to reunify the child with her natural parents. Third, the Mother and the Father submit that their due process rights under both the United States Constitution and the Delaware Constitution were violated by the failure of the Family Court to appoint an attorney to represent the Mother and the Father at the outset of the dependency and neglect proceedings.
The Father died during the pendency of this appeal and his estate does not contest the termination of the Father's parental rights. We conclude that the Family Court's decision to terminate the Mother's parental rights based upon their failure to plan is supported by clear and convincing evidence and was the product of a logical deductive process. We further conclude that the Family Court properly determined that the failure to appoint counsel to represent the Mother during the dependency and neglect proceedings constituted harmless error under the circumstances of this case. The issue of reunification is also without merit and is addressed within our analysis of the Mother's other two contentions in this appeal. Accordingly, the judgments of the Family Court must be affirmed.
On November 24, 1999, DFS received a report that the Mother had given birth to Debbie Hughes (the "Minor Child"). Before the time that the Mother entered the emergency room in labor, she had not received any prenatal care.3 Both the Mother and the newborn child tested positive for cocaine. Because of the condition of the newborn child, DFS was contacted by hospital personnel. A DFS treatment worker met with the Mother at the hospital. Initially, the Mother denied cocaine use, but then acknowledged that she had put cocaine on her gums.
Because of concerns about the Mother's ability to care for the Minor Child, DFS contacted the Mother's sister (the "Maternal Aunt") and inquired whether she would be in a position to take the newborn child home with her. The Maternal Aunt, already having placement of three of the Mother's children, expressed concern for having to care for a fourth child. Nevertheless, she agreed to take the Minor Child, rather than having the child placed into foster care. Several days after delivery, the newborn child was released into the custody of the Maternal Aunt, and was subsequently transferred to the care of the Maternal Grandmother at the request of the Maternal Aunt. The Maternal Grandmother had also been approved by DFS for temporary placement of the Minor Child.
On December 2, 1999, the Mother, the Maternal Grandmother and another family member came to DFS's center and requested formula for the Minor Child. During the visit, the DFS caseworker became concerned when she discovered that the formula the family was feeding the Minor Child was sour, that the family had no other formula for the infant, and that neither the Mother, the Maternal Grandmother or the other family member could remember the Minor Child's name. The caseworker also attempted to discuss substance abuse treatment with the Mother, but the Mother would not discuss that subject, and again denied using cocaine. Based on these observations and discussions, DFS applied for and received emergency custody of the Minor Child that same day.
A probable cause hearing was scheduled for December 9, 1999. Neither the Mother nor the Father was served, however, because the Mother's whereabouts had become unknown. Additionally, DFS had been unable to make contact with the Father, who had only recently been identified as a possible parent. As a result, neither parent appeared at the hearing. The Family Court continued custody of the Minor Child with DFS, on the basis of its finding that both the Mother and the Minor Child had tested positive for cocaine at the time of the child's birth. The Family Court further ordered that service of process be accomplished with respect to both parents.
On February 8, 2002, the Mother and the Father, accompanied by the Maternal Grandmother, visited DFS' office. This was the Father's first contact with any DFS worker. By this time, the Minor Child was two and one-half months old, and had been in foster care for two months. The Father stated that he was unable to care for the Minor Child and could not provide names of any family relatives who could provide a home for his daughter. Additionally, the DFS caseworker determined that the Mother had consumed alcoholic beverages before coming to the DFS meeting. Therefore, the meeting was rescheduled, and the caseworker advised the Mother that she would need to be sober the next time they conferred.
The Mother and the Father next met with DFS on February 16, 2000. They were transported to the DFS office by the Maternal Grandmother. The Mother stated that she would soon be incarcerated for six to twelve months and was unwilling to discuss any plans for the Minor Child. The Father reiterated that he was unable to care for the Minor Child. The Maternal Grandmother, for the first time, stated that she would be interested in having the Minor Child placed with her and that she would be filing a petition for guardianship. Neither the Mother nor the Father asked the DFS worker to schedule a visit for them with the Minor Child at this time.
An adjudicatory hearing was scheduled for March 16, 2000. By that time, the Mother was incarcerated. Because the Mother was not transported to the Family Court from the Women's Correctional Institute for that March hearing, however, the Family Court scheduled a new hearing.
On May 26, 2000, an adjudicatory hearing was held in the Family Court. This time, both the Mother and the Father were present. The Mother remained incarcerated and was unable to provide the Family Court with a date for her release. The Father stated that he was unwilling to care for the Minor Child.
The Family Court considered a guardianship petition filed by the Maternal Grandmother. That petition was denied. A second maternal aunt also filed a guardianship petition, but that petition was dismissed after she failed to appear in the Family Court.
A dispositional hearing was held on July 13, 2000. DFS advised the Family Court it was willing to consider the possibility of placement with the Maternal Grandmother. The Family Court considered a case plan presented by DFS outlining steps to be taken by the Maternal Grandmother before DFS would place the Minor Child in her care. The Maternal Grandmother declined to sign the case plan at the July hearing and instead asked to take it home to read.
A review hearing was held on October 19, 2000. The Mother and the Father were present at the hearing, but the Maternal Grandmother did not attend. The Mother was still incarcerated and participating in a drug rehabilitation program. The Father continued to assert that he was unable to care for his daughter. DFS reported that the Maternal Grandmother had refused to sign the case plan proposed by DFS at the July hearing, and had not visited with the Minor Child. The Family Court asked the Mother and the Father to provide DFS with the names of any relatives who could care for the Minor Child. The Mother suggested that one of her sisters might be willing to provide care.
On December 15, 2000, a permanency hearing was held. At that time, the Mother was still in jail and not expected to be released until February 21, 2002, and the Father remained unwilling to provide care for his daughter. Only one of Mother's sisters had contacted DFS as a possible placement for the Minor Child.
After being advised that she would have to file a petition for guardianship to be considered for placement, that sister failed to do so. Thus, that sister's home was never considered for placement by DFS. Based on the Mother and the Father's inability to care for the Minor Child, and because of the lack of any suitable relatives coming forward to offer their home for placement, the Family Court approved the DFS request to change the goal for the Minor Child from reunification to a termination of parental rights.
The termination hearing took place over two days, on October 25, 2001 and January 24, 2002. The Mother and the Father were represented by counsel. This was the first time that either the Mother or the Father were represented by counsel at a hearing in matters involving the Minor Child.
At that time, the Mother was still incarcerated. The Family Court heard testimony from two individuals who were involved with the Mother's substance abuse treatment while she was incarcerated. It was noted that the earliest that the Mother would complete her treatment was August 21, 2002, six months after her...
To continue reading
Request your trial
-
People ex rel. R.D.
...right to counsel when decision made to terminate reunification services and schedule permanency planning hearing); Hughes v. Div. of Family Servs., 836 A.2d 498 (Del.2003) (harmless error analysis applied under three-part due process analysis prescribed by Lassiter);In re P.D.L., 324 Mont. ......
-
PEOPLE EX REL. DEPT. OF SOCIAL SERVICES, 23209.
...of counsel, it is inconceivable that the child would not have been adjudicated abused or neglected.3 See Hughes v. Division of Family Services, 836 A.2d 498, 512 (Del.2003) (holding that the absence of court appointed counsel during a dependency and neglect proceeding was harmless error). F......
-
People ex rel. B.H. v. D.H.
...in a termination hearing presents a high risk of error that threatens the proceeding's fundamental fairness. See Hughes v. Div. of Fam. Servs., 836 A.2d 498, 509 (Del. 2003) ("[T]his third factor will routinely require the appointment of counsel at [s]tate expense for indigent parents in ev......
-
Powell v. Dept. of Services for Children
...Evid. 202(d)(1)(B). 49. Del.Code Ann. tit. 13, § 1103(a)(5)(a)(5)(A). 50. Del.Code Ann. tit. 13, § 722(a)(6). 51. Hughes v. Div. of Fam. Serv., 836 A.2d 498, 507 (Del.2003); Brown v. Div. of Fam. Serv., 803 A.2d 948, 951 (Del.2002); Watson v. Div. of Fam. Serv., 813 A.2d 1101, 1106 (Del. 52......