Department of Services for Children, Youth and Their Families, Petitioner Below, Appellant v. Janet Fowler, John…

Summary

The Supreme Court of Delaware affirmed the Family Court's dismissal of the Department's petition because the Department failed to establish probable cause at the preliminary protective hearing to continue the infant in Department custody. The Family Court properly considered all evidence presented, assessed witness credibility, and evaluated the totality of the circumstances rather than treating the Department's evidence as conclusive. The court held that the Family Court did not commit legal error, abuse its discretion, or make clearly erroneous factual findings.