Supreme Court of Delaware

David Hunt and Carey Land, Respondents Below, Appellants v. Division of Family Services and Office of the Child…

September 16, 2015146 A.3d 1051

Summary

The Supreme Court of Delaware affirmed the Family Court’s authority to order withdrawal or withholding of life support and entry of do-not-resuscitate and do-not-re-intubate orders for a dependent or neglected child in State custody. It held that the parents’ un-terminated parental rights did not prevent intervention under the circumstances, and that the parents received adequate procedural due process. The Court also held that an independent medical examination is not required in every case, although the Family Court should appoint one when it determines that such an opinion is desirable and the parties cannot obtain one.