Whitmore v. Robinson
Annotate this CaseAppellant, Barry Whitmore (father) appealed a Family Court order granting appelle Michelle Robinson's (mother) petition to terminate his parental rights to their now eight-year-old child, C.R. His rights were terminated under 13 Del. C. 1103(a)(5) for his alleged failure or inability to plan for the child’s physical needs or mental and emotional health and development. The father brought four claims on appeal; the first was an allegation the Family Court erred in applying the definition of “necessary care” in 10 Del. C. 901(17) as part of its analysis of the criteria which must be shown to justify termination of parental rights under 13 Del. C. 1103(a)(5). The other three claims challenged the sufficiency of the evidence. After review, the Delaware Supreme Court concluded the first claim had merit: it was evident from the Family Court’s opinion that the court applied the definition of necessary care contained in Title 10 as the “relevant definition” in assessing whether the father had failed to plan for his child under 13 Del. C. 1103(5). The definition of necessary care, however, applied only in Chapter 9 of Title 10, and was not one of the criteria governing whether parental rights should be terminated under 13 Del. C. 1103(a)(5). The Family Court judgment was reversed and the matter remanded for further proceedings.
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