Grounds for Involuntary Termination of Parental Rights - Delaware

Grounds for Termination of Parental Rights
Citation: Ann. Code Tit. 13, § 1103

The procedure for termination of parental rights may be initiated whenever it appears to be in the child's best interests and one or more of the following grounds exist:

• The parent has abandoned the child.
• Failure to terminate the parent's parental rights would be detrimental to the child. In determining whether this ground exists, the court shall consider all relevant factors, including all the following:
  • The parent's efforts to obtain or maintain legal and physical custody of the child
  • The role of another person in thwarting the parent's efforts to assert parental rights
  • The parent's ability to care for the child
  • The child's age
  • The quality of a previous relationship between the parent and child and between the parent and another child
  • The duration and suitability of the child's current custodial environment
  • The effect on the child of a change of physical custody
• The parent has been found by a court of competent jurisdiction to have done any of the following:
  • Committed a felony-level offense against a person in which the victim was a child
  • Aiding, abetting, attempting, conspiring, or soliciting to commit an offense against a person in which the victim was a child
  • Committed or attempted to commit the offense of dealing in children, as set forth in title 11, § 1100
  • Committed the felony-level offense of endangering the welfare of a child under title 11, § 1102
  • Murder or manslaughter of the other parent of the child
  • Aiding, abetting, attempting, conspiring, or soliciting to commit murder or manslaughter of the other parent of the child
• The parent's parental rights over a sibling of the child have been involuntarily terminated in a prior proceeding.
• The parent has subjected a child to torture, chronic abuse, sexual abuse, or life-threatening abuse.
• The child has suffered unexplained serious physical injury, near death, or death under such circumstances that indicate that such injuries, near death, or death resulted from the parent's intentional or reckless conduct or willful neglect.

A procedure to terminate parental rights may also be initiated when it is found that the parent has failed to plan adequately for the child's physical needs or mental and emotional health and development, and one or more of the following conditions are met:

• In the case of a child in the care of the Department of Services for Children, Youth and Their Families (DSCYF), the following apply:
  • The child has been in the care of the department for 1 year, or for 6 months in the case of a child who comes into care as an infant, or there is a history of previous placement or placements of the child.
  • There is a history of neglect, abuse, or lack of care of the child.
  • The parent is incapable of discharging parental responsibilities due to extended or repeated incarceration.
• In the case of a child in the home of a stepparent, guardian, permanent guardian, or relative, the following is true:
  • The child has resided in the home of the stepparent, guardian, permanent guardian, or relative for at least 1 year.
  • The parent failed to discharge parental responsibilities for at least 12 of the 18 months preceding the filing of the petition.
  • The parent is unlikely to be able to remedy the dependency or neglect in the near future. In making this determination, the court shall consider the parent's efforts to remedy the dependency or neglect.

Timeframes for Termination Proceedings

This issue is not addressed in the statutes reviewed.

Exceptions 
Citation: Ann. Code Tit. 13, § 1103

The court shall not terminate a parent's rights solely because the parent, in good faith, provides for his or her child, in lieu of medical treatment, treatment by spiritual means alone through prayer.

When Parental Rights May Be Reinstated
Citation: Ann. Code Tit. 13, § 1116

A petition for the reinstatement of parental rights may be filed in family court on behalf of any child when all the following are true:

• The child is at least age 14 when the petition is filed.
• Parental rights in the child are vested in DSCYF when the petition is filed, regardless of the date parental rights were terminated.
• The child is in DSCYF custody when the petition is filed.
• Adoption of the child is not possible or appropriate.
• The child consents to the reinstatement.
• The parent who is subject to reinstatement consents.
• At least 2 years have elapsed since the final termination order, or the child is aged 17.

The court retains jurisdiction to reinstate parental rights in a case in which the court previously terminated parental rights. A petition for reinstatement must be filed in the county in which the child's DSCYF custody case is heard. The child, the child's attorney, or DSCYF may file a petition for reinstatement of parental rights against one or both parents. 

A parent whose rights are reinstated under this section is not liable for child support for the time period during which the parent's parental rights were terminated.

If the factors of this section are met, the court shall hold a hearing on the petition for reinstatement of parental rights. The court may grant the petition if it finds, by clear and convincing evidence, that reinstatement is in the best interests of the child. Upon issuance of a final order reinstating parental rights, all the rights, duties, privileges, and obligations recognized by law between parent and child shall be reinstated, including, but not limited to, rights of inheritance.