Fowler v. Division of Family Services
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IN THE SUPREME COURT OF THE STATE OF DELAWARE KERRY FOWLER, Respondent Below, Appellant, v. DIVISION OF FAMILY SERVICES, Petitioner Below, Appellee. § § § § No. 141, 2001 § § Court Below: Family Court § of the State of Delaware in and § for New Castle County § File No. 00-26088 § § § Submitted: November 15, 2001 Decided: November 26, 2001 Before VEASEY, Chief Justice, WALSH and STEELE, Justices. ORDER This 26th day of November 2001, upon consideration of the briefs of the parties, we conclude that: (1) The Family Court correctly determined that the appellee, the Division of Family Services, had proved by clear and convincing evidence that the appellant had failed to plan for his child s physical or emotional health and development within the meaning of 13 Del. C. § 1103(a)(5). (2) We further conclude that the Family Court correctly determined that termination of the appellant s parental rights was in the child s best interest as required by 13 Del. C. § 722. Accordingly, under this Court s standard of review, the decision of the Family Court to terminate the appellant s parental rights must be affirmed. NOW, THEREFORE IT IS ORDERED that the judgment of the Family Court be, and the same hereby is, AFFIRMED. BY THE COURT: /s/ Joseph T. Walsh Justice 2
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