Supreme Court of Delaware

DFS v. James

November 16, 2015

Summary

The Court held that terminating a father's parental rights did not eliminate the blood relationship between him and his children for purposes of Delaware's Protection from Abuse statute. Because the statutory definition of family expressly includes blood relationships and contains no exclusion for terminated parental rights, the Family Court erred in dismissing the petition without determining whether the father committed abuse. The judgment was reversed and remanded for that determination.