Division of Family Services, Respondent Below, Appellant v. Mark O’bryan, Petitioner Below, Appellee

Summary

The Court held that the Sex Offenders Act's rebuttable presumption applies only when the Family Court determines custody, primary residency, or visitation in a custody proceeding. It does not independently authorize the Division of Family Services to remove a sex offender parent from an intact family home when no custody petition is pending. The Court therefore affirmed the Family Court's order allowing Mark O'Bryan to return home.