Lindel-Packer v. DFS & Office of Child Advocate

Summary

The Supreme Court of Delaware affirmed the Family Court's order terminating the father's parental rights. It held that the father received adequate procedural due process and that retaining the child in foster care did not violate substantive due process because the mother's continuing substance abuse, combined with the father's shared household with her, presented a compelling state interest in protecting the child. The Court also upheld the Family Court's finding that the Division proved failure to plan by clear and convincing evidence.