Supreme Court of Delaware
Kennedy v. DFS
October 11, 2019
Summary
The Supreme Court of Delaware affirmed the Family Court's preliminary protective order finding probable cause that the Child would be dependent, neglected, or abused in Mother's care and returning custody to Father. The Court held that the Family Court properly evaluated the totality of the evidence, including hearsay, credibility disputes, and Mother's history involving other children, and committed no legal or discretionary error. The Court did not decide whether the Child's Attorney had standing to file the PFA petition because the petition had already been dismissed.