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IN RE PHILLIPS

No. CS01-04269. Petition No. 01-25453.

806 A.2d 616 (2002)

In the interest of Ann Margaret PHILLIPS, Born August 14, 2001.

Family Court of Delaware, Sussex County.

Decided: July 1, 2002.

Attorney(s) appearing for the Case

James S. Reichert, Department of Justice, Georgetown, Delaware, for the Division of Family Services.

Margaret R. Cooper, Hudson, Jones, Jaywork & Fisher, Georgetown, for mother.

Bruce A. Rogers, Georgetown, for father.

Kristin S. Gibbons, Georgetown, for Court Appointed Special Advocate.

MILLMAN, J.

In this case, the Court is called upon to determine if title 11, section 1103(d) of the Delaware Code violates the separation of powers doctrine by unjustifiably permitting the Department of Services for Children, Youth and Their Families ("the Department") to be the sole arbiter regarding whether reunification services are to be provided to a parent after this Court determines the parent has committed an act under title 13, section 1103(a)(4) of the Delaware...

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