Whitmore v. Robinson

Summary

The Supreme Court of Delaware reversed the termination of the father's parental rights and remanded for further proceedings. It held that the Family Court committed material legal error by importing the Title 10 definition of "necessary care" into the separate statutory standard governing failure to plan under 13 Del. C. § 1103(a)(5). On remand, the Family Court must apply only the statutory termination criteria and may not attribute to the father his lack of contact after the mother and court prevented further contact.