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Division of Family Services v. Hutton

Where child had successfully adjusted to living with a foster parent and being visited regularly by her mother, termination of the mother's parental rights was not in the best interests of the child.

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Submitted: December 5, 2000

On Appeal from Family Court. AFFIRMED.

This is an appeal from a final judgment of the Family Court. The petitioner-appellant is the Division of Family Services (the “DFS”). The Family Court denied a petition by the DFS to terminate the parental rights of Terry Hutton (“Mother”) with respect to her infant daughter, Quintana Hutton. *fn1 The DFS contends on appeal that the Family Court did not properly analyze the statutory grounds for termination of parental rights under 13 Del. C. � 1103(a)(5). The DFS also contends that the Family Court’s finding that termination of parental rights would not be in the child’s best interest is not supported by the record, and that only a plan for adoption (as opposed to guardianship) is in the best interest of the child.

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