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BROWN v. DIVISION OF FAMILY SERVICES

No. 537, 2010.

14 A.3d 507 (2011)

Marie BROWN, Petitioner Below, Appellant, v. DIVISION OF FAMILY SERVICES, Respondent Below, Appellee. John Roberts, Petitioner Below, Appellant, v. Division of Family Services, Respondent Below, Appellee.

Supreme Court of Delaware.

Decided: March 3, 2011.

Attorney(s) appearing for the Case

David J.J. Facciolo, Esquire , Minster & Facciolo, LLC, Wilmington, Delaware, and Judith Malcolmson Jones, Esquire , Berkowitz, Schagrin & Jones, P.A., Wilmington, Delaware, for appellants.

Kelly E. Farnan, Esquire , Richards, Layton & Finger, Wilmington, Delaware, and Todd Goodman, Esquire , Pepco Holdings, Inc., Wilmington, Delaware, guardian ad litem.

Before HOLLAND, JACOBS and RIDGELY, Justices.

HOLLAND, Justice:

The respondents-appellants, Marie Brown (the "Mother") and John Roberts (the "Father") (collectively, the "Respondents"), appeal from a Family Court judgment, which granted a Division of Family Services ("DFS") petition for the termination of the Respondents' parental rights in their son, Nathan. The Respondents raise three arguments on appeal. First, the Respondents contend that the Family Court erred by not considering the Mother's incarceration...

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