Supreme Court of Delaware

Upton v. DFS & Court Appointed Special

December 11, 2014

Summary

The Court affirmed the termination of the father’s parental rights, concluding that clear and convincing evidence supported both the statutory ground of failure to plan and the determination that termination served the children’s best interests. The Court also held that the father lacked standing to challenge the denial of the paternal grandmother’s separate guardianship petition because she had not appealed that ruling. The Court found no abuse of discretion or legal error and approved counsel’s conclusion that the appeal presented no meritorious issue.