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DIVISION OF FAMILY SERVICES v. SMITH

No. CS04-02846. Petition Nos. 03-29157, 05-16440.

896 A.2d 179 (2005)

In re the Matter of DIVISION OF FAMILY SERVICES, Petitioner, v. Connie SMITH, Respondent, Larry Holden, Respondent. In the Interest of Anthony Smith, DOB: 08.24.04.

Family Court of Delaware, Sussex County.

Decided: November 18, 2005.

Attorney(s) appearing for the Case

Margaret R. Cooper, of Fuqua & Yori, P.A., Georgetown, DE, Michael F. McGroerty, of Michael F. McGroerty, P.A., Seaford, DE, for Respondent Connie Smith.

Bruce A. Rogers, of Bruce A. Rogers, P.A., Georgetown, DE, Kim DeBonte, of Kim DeBonte, P.A., Georgetown, DE, for Respondent Larry Holden.

James Reichert, Deputy Attorney General, Georgetown, DE, for Petitioner.

OPINION

HENRIKSEN, Judge:

On September 26, 2005, the Court held a hearing that contained many dependency/neglect issues as they related to the above-named child. The two key issues, which will be more fully explained hereafter, are (1) will the date of the taking of the child into DFS care be considered the date of an original taking on November 18, 2004, or a later date of May 24, 2005, and (2) where the Division has established that Cathy Smith's ("Mother...

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