M.M. & C.M. v. A.T.; D.B. & E.B. v. A.T.; M.R. & L.R. v. A.T.

25-08-08 TN; 25-08-07 TN; 25-08-06 TNDelfamct

Abrir fonte

Texto completo

IN THE FAMILY COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
M------ M------ )
AND C-------- M------, )
Petitioners, )
)
v. ) File No.: 25-08--08TN
) Petition No.: 25-19652
)
A----- T-----, )
Respondent. )
M---- R-------- )
AND L---- R--------, )
Petitioners )
)
v. ) File No.: 25-08-06TN
) Petition No.: 25-19606
)
A----- T-----, )
Respondent. )
E------- B------- )
AND D----- B-------, )
Petitioners, )
)
v. ) File No.: 25-08-07TN
) Petition No.: 25-19619
)
A----- T-----, )
Respondent. )
IN THE INTEREST OF:
E1 T----- (D.O.B. --/--/2008)
M---- T----- (D.O.B. --/--/2012)
J---- T----- (D.O.B. --/--/2014)
E2 T----- (D.O.B. --/--/2016)
E3 T----- (D.O.B. --/--/2020)
CONSOLIDATED ORDER ON PETITIONS FOR
TERMINATION OF PARENTAL RIGHTS
Date Submitted: May 20, 2026
Date Decided: June 4, 2026
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 2 of 31
Jill Di Sciullo, Esq., and Deborah Spivack, Esq., Attorneys for Petitioners (Guardians),
M------ M------, C-------- M------, M---- R--------, L---- R--------, E------- B-------, and D----- B--
-----
Megan Mahle, Esq., Attorney for Father, A----- T-----
Jonathan Harting, Esq., Child Attorney for E1 T-----, M---- T-----, and J---- T-----
Hirst, Judge
INTRODUCTION
Before the Court are consolidated Petitions for Termination of Parental Rights
(“TPR”) filed against A----- T----- (“Father”) in the interest of E1 T----- (D.O.B. --/--/2008)
(“E1”), M---- T----- (D.O.B. --/--/2012) (“M----”), J---- T----- (D.O.B. --/--/2014) (“J----”), E2
T----- (D.O.B. --/--/2016) (“E2”), and E3 T----- (DOB --/--/2020) (“E3”) (collectively, “the
children”) by Petitioners M------ and C-------- M------ (the “M------s”), D----- and E------- B--
----- (the “B-------s”), and M---- and L---- R-------- (the “R--------s”) (collectively, the
“Guardians”). The Guardians are represented by Jill Di Sciullo, Esq., and Deborah
Spivack, Esq. Father is represented by Megan Mahle, Esq. Jonathan Harting, Esq.,
represents the best interests of E1 T-----, M---- T-----, and J---- T-----.
For the reasons set forth below, the Court GRANTS the Guardians’ Petitions for
Termination of Father’s Parental Rights based on clear and convincing evidence that
Father consents to termination as to E11, that Father’s conviction for Unlawful Sexual
Contact with a Child under 13 justifies termination as to the other children,2 and that
termination and transfer of rights is in the best interests of all the children.3
1 See 13 Del. C. § 1103(a)(2). Father submitted his Affidavit of Consent to the termination of his parental
rights on May 20, 2026.
2 See 13 Del. C. § 1103(a)(4).
3 See 13 Del. C. § 722(a).
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 3 of 31
PROCEDURAL HISTORY AND FACTUAL BACKGROUND
On September 27, 2023, the Family Court awarded the Guardians temporary
guardianship of the children. Specifically, the M------s were granted temporary
guardianship of E1 and E2. The R--------s were granted temporary guardianship of M----
and J----, and the B-------s were granted temporary guardianship of E3. At the time, A--
T----- (“Mother”) was terminally ill with cancer and was unable to care for the children.
Father, by contrast, was unable to care for the children because the Division of Family
Services (“DFS”) implemented a safety plan with Mother prohibiting him from contacting
the children pending a police investigation into accusations that he had sexually abused
E1 and physically abused all the children. Mother supported temporary guardianship
with the respective Guardians, while Father opposed the Guardians in favor of collective
placement with his mother, J----- T----- (“Paternal Grandmother”). The Court appointed
Matthew Middleton, Esq., to represent Father in the guardianship matter, and Father
filed a parallel Petition for Visitation.
Father was subsequently arrested on May 3, 2024, and charged with four counts
of felony Unlawful Sexual Contact with a Child under 13, Sexual Abuse of a Child, four
counts of Rape Second Degree without Consent, Continuous Sexual Abuse of a Child,
two counts of Dangerous Crime against a Minor under 14, two counts of Sexual Abuse
of a Child by a Person in a Position of Trust First Degree, three counts of Rape Fourth
Degree, Sexual Abuse of a Child by a Person in a Position of Trust Second Degree,
Rape Second Degree of a Victim under 12, and Rape Third Degree of a Victim under
16.
Sadly, in the intervening months, Mother’s health progressively declined, and she
eventually passed away on ---- --, 2024. On October 3, 2024, the Court noted that
Father had signed a conditional consent for each guardianship petition but declined to
assent to the reasons stated for the guardianship, which included the sexual abuse of
E1 and the physical abuse of all the children. In addition, Father wished to pursue
visitation and other forms of contact before he would finalize his consent. Consequently,
the Court scheduled a guardianship hearing on November 15, 2024. Because Father’s
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 4 of 31
charges, including sexual allegations against one of the children, remained pending at
the time of the guardianship hearing, Father eventually consented to the children’s
collective guardianships and simultaneously dismissed his Petition for Visitation.4
Two months later, Father pled nolo contendere to one count of felony Unlawful
Sexual Contact with a Child under 13. His remaining charges were nolle prosequi’ed or
dismissed on January 21, 2025. Father was sentenced on March 14, 2025, to eight (8)
years at Level 5 suspended after two (2) years for six (6) years of Level III supervision
with GPS. Father was also sentenced to a lifetime registration on the sex offender
registry at Tier III (high risk). Additionally, Father was ordered to have no contact with
E1, no contact with his other children unless permitted by Family Court, and no contact
generally with any minor children.
On July 28, 2025, the Guardians filed their respective Petitions for Termination of
Parental Rights (“TPR”) along with parallel Petitions for Adoption of the children in their
care. Because E1 was over 14 years old at the time of filing, she submitted her consent
to the adoption on September 22, 2025.5 On October 8, 2025, the Court appointed
Father new counsel for the TPR proceeding, scheduled a case management
conference (“CMC”) for January 6, 2026, and set the case for trial for January 28, 2026.
At the CMC, however, the Court granted a Motion to Withdraw filed by Father’s
appointed counsel, postponed the scheduled trial, and appointed Megan Mahle, Esq., to
represent Father. Soon after, Father was released from his incarceration.
On March 4, 2026, the Court interviewed E1, M----, J----, and E2. Because M----
and J---- expressed adamant support for termination of Father’s rights but hesitation
and concern about adoption by the R--------s, the Court appointed Jonathan Harting,
Esq., to represent their best interests. Following a pretrial conference on April 29, 2026,
the Court further appointed Mr. Harting to represent E1’s best interests and help her
decide whether to proceed with TPR despite her upcoming 18th birthday in ------ 2026 or
4 File No CN23-04468, Tab 35/36, November 18, 2024.
5 Tab 3, Affidavit of Consent of a Child 14 Years of Age or Older.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 5 of 31
wait a few months to seek adult adoption. Soon after, Mr. Harting confirmed that E1
wished to pursue the TPR.
The Court held the TPR trial on May 20, 2026. At the beginning of trial, Father
voluntarily consented to terminate his parental rights with respect to E1, making her
legally free to be adopted by the M------s shortly before her 18th birthday. Father,
however, opposed termination as to the four younger children and argued that
guardianship is a sufficient permanency goal that does not sever the legal relationship
between him and his children. The Guardians and the child attorney, in contrast,
supported TPR because the Court already had statutory grounds and termination was in
the children’s best interests. The Court heard testimony from Adoptions from the Heart
Case Worker Amanda Alaberti, Cradle of Hope Adoption Worker Sabine Campbell,
Nightlight Christian Adoption Home Study Coordinator Amy Eudy, C-------- M------, E------
- B-------, L---- R--------, ---------- -- ----------- Chaplain S----- A-------, New Behavioral
Network Parent Educator Darin Kellam, and Father.
TESTIMONY
Amanda Alaberti
Ms. Alaberti is a district supervisor for Adoptions from the Heart, an agency
licensed in New York, Delaware, New Jersey, Pennsylvania, and Maryland. She has
been in her position for three years, and before that she was an adoption counselor with
the same agency for twelve years. In her role, she completed a home study for the M----
-- family in Delaware and reviewed and approved the home studies for the R-------- and
B------- families to ensure compliance with Delaware licensure requirements. For each
family, she reviewed their backgrounds, criminal records, medical clearances, and other
collateral sources of information. She also interviewed the prospective adoptive parents
and the children.
Ms. Alaberti was initially contacted in February 2025 to begin the home study
process for the M------s. She completed three comprehensive sessions with them and
visited the home in May 2025. Ms. Alaberti reported that Mr. and Ms. M------ have been
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 6 of 31
married for 36 years. Mr. M------ works at --- ------ and Ms. M------ is a medical doctor
and teacher. They have four adult children, including one who was adopted years ago.
They became caregivers for E1 and E2 in August 2023 after they learned that A-- was
sick and looking for a home for the children.
The M------s are loving caregivers who are physically, emotionally, and financially
able to care for the girls. The family benefits from a strong church community and a
close familial bond, and they are active in their larger community as well. The girls are
up to date medically, and there are no concerns for the physical health of either the M---
---s or the girls. Ms. Alberti also reviewed documentation from the girls’ therapists, who
support the placement because of the enormous trauma and loss they have
experienced. When she went to the home, Ms. Alaberti observed the girls to be well-
adjusted in the care of the M------s. She found E2 to be an outgoing child who enjoys
cheerleading and staying active. E1 is more reserved, but she enjoys art, drawing, and
making jewelry with E2.
In her time with the family, Ms. Alaberti saw the girls coming out of their shells
and showing their strong bond with the M------s. E1 clearly expressed to Ms. Alaberti
that she wanted to be adopted and wanted that for her siblings, too. While E2 did not
understand the language of legal adoption, she wanted to be part of the M------ family
and to remain in contact with her siblings. The extended M------ family is also very
involved with the girls, and the M------s’ adult daughter and son-in-law are available as
standby guardians should anything happen to them. In addition, the M------s, like the
other Guardians, are very supportive of maintaining the sibling relationship between the
children. They have weekly zoom calls and arrange summer and holiday vacations
together. Because the girls are safe, happy, and thriving in the M------ home, Ms.
Alaberti supports finalization through adoption.
Ms. Alaberti next discussed the B-------s, who seek adoption of five-year-old E3.
They have three teenage boys and are a tight-knit family. Ms. B------- is Mother’s cousin,
and E3 was placed in their home in August 2023—when he was two-and-a-half years
old—after Mother asked her cousin to care for him. Ms. Alaberti observed that D----- and
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 7 of 31
E------- treat E3 the same way they treat their biological sons. Because their children are
a bit older that E3, there was a period of adjustment when E3 first arrived, but they are
unquestionably well bonded now. Ms. Alaberti not only met the family virtually, but she
also observed them together, reviewed records from the Cradle of Hope adoption
agency, and determined that the B-------s are physically, emotionally, and financially able
to care for E3. Under their care, E3 is involved in many community activities and
maintains a strong connection with his biological siblings. As a result, Ms. Alaberti also
supports E3’s adoption with the B-------s.
Lastly, Ms. Alaberti reviewed and approved the R--------’s home study for M----
and J----. Mr. R-------- is the children’s maternal grandfather, and L---- R-------- is their
maternal step-grandmother. The R--------s have been married for more than 25 years
and provide a loving, stable home filled with structure and consistency for the boys. The
boys have been with the R--------s since August 2023. Based on her review of the home
study and her interviews with the R--------s, they are also medically, emotionally, and
financially able to provide care for them. Although there was a child protective
investigation in ----- -------- involving J---- in March 2026, the concerns were unfounded.
Instead, Ms. Alaberti’s review found that the boys are stable, happy, well-bonded, and
thriving in the R--------’s care. She supports adoption over guardianship because the
children have been with their respective caregivers for three years and adoption offers
more permanency and provides more security for the family as a whole. At the
conclusion of her testimony, the Court accepted the M------, B-------, and R-------- home
studies approved by Adoptions from the Heart.6
Sabine Campbell
Sabine Campbell works for Cradle of Hope as an adoption caseworker. She is a
licensed master social worker (“LMSW”) with many years of experience working in child
welfare and five years of experience with Cradle of Hope. She was assigned to conduct
6 Petitioner’s Exhibits 1–3.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 8 of 31
the home study for the B------- family. Her review included financial records, medical
records, criminal records, and interviews with the family members. She spent more than
five hours with the family between visits in April 2026 and May 2026. The B-------s have
three children: J----- (18 years old and in college), J---- (16 years old and in tenth grade),
and J--- (13 years old in seventh grade).
Ms. Campbell interviewed the family members individually to assess their
attitudes regarding adoption. Each of them supports adoption of E3. The B-------s are
financially stable, capable of caring for E3, and the children are their priority. They also
ensure that E3 has contact with his biological siblings. Ms. Campbell described E3 as
the “light” of the family since his arrival two and a half years ago. The B-------s already
consider him one of their own. He is well-adjusted in the B-------’s care, he is meeting his
developmental milestones, and he is medically up to date. In addition, Mr. B-------
coaches E3’s little league team, and Ms. B------- volunteers at his school. As a result,
Ms. Campbell “wholeheartedly” supports adoption of E3 with the B------- family. The
Court accepted Ms. Campbell’s home study.7
Amy Eudy
Amy Eudy is a social worker and has served as an adoption home study
coordinator for Nightlight Christian Adoptions for 13 years. She completed the R--------s’
home study, including a review of their criminal records, child abuse records, financial
records, references, and medical clearances. She also reviewed physicals, letters from
the children’s therapists, and school records. As part of her assessment, Ms. Eudy met
with the R--------s, M----, and J---- both separately and together. She completed her
initial report on April 28, 2025, and an updated report on May 14, 2026.
The R--------s have been married for 23 years and have lived in ----- -------- for
more than five years since they retired. Although L---- is 66 and M---- is 65, they passed
their physicals, and Ms. Eudy has no concerns for their physical and mental health or
7 Petitioner’s Exhibit 4.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 9 of 31
their ability to be adoptive parents. The children were placed in the R--------s’ home in
August 2023. The initial transition was rocky as M---- and J---- dealt with major changes,
grief, and loss. M---- also experienced some bullying in school, and J---- has struggled
with behavioral issues at home and in school. However, the R--------s have been very
responsive, and they enrolled the boys in therapy to help them cope. Ms. Eudy found
the family’s interactions to be warm, caring, respectful, and positive. Between her first
and second visit, she noticed that the kids seemed more comfortable at home and in
school. M---- plays soccer at school and on a club team. J---- plays basketball year-
round. The boys attend church programs and have friends through church and school.
Every weekend, they have a zoom call with their other siblings, and they travel to
Delaware for Christmas and in the summer.
Although there was a child-protective investigation in ----- -------- in March 2026
based on a report of physical discipline to J----, the investigation did not result in any
substantiated findings. One of the concerns was that Mr. R-------- practiced “old school
parenting.” On one occasion, that outlook led him to physically discipline J----, but he
has since enrolled in counseling and is learning new ways to parent the boys. In
addition, the R--------s plan to participate in family therapy once they identify a new
counselor for the boys. M---- misses his siblings and wishes to be closer to them, but
both boys told Ms. Eudy that they feel safe in the R--------s’ care and wish to stay with
them. Consequently, Ms. Eudy supports adoption and believes the children are safe and
well-adjusted in their home with the R--------s. The Court accepted the R--------’s home
study.8
C-------- M------
C-------- M------ lives in Middletown, Delaware, with her husband M------, adult
daughter L---, 17-year-old E1, and 8-year-old E2. E1 and E2 have been in her home
8 Petitioner’s Exhibit 5.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 10 of 31
since September 2023. She has three other adult children who do not live at home, four
grandchildren, and two more grandchildren on the way.
Between February 2023 and June 2023, prior to E1’s disclosure and the girls’
placement in her home, Ms. M------ tutored E1 many times per week through a
homeschooling co-op program. She met Father a number of times while tutoring E1, but
she did not recall any memorable interactions with Father during this time. After Mother
became sick, she asked Ms. M------ to care for the girls. Upon their arrival in her home
almost three years ago, E2 was up to date on her vaccines but malnourished, behind
her grade level academically, and struggling with behavioral challenges. Initially, E2
would beat up M------ and C--------, but her violent tantrums have abated over time. E2
thought she had been kidnapped and did not understand why she was not with Mother.
The M------s enrolled E2 in therapy and ensured that she talked to Mother every night
on the phone. Mother even came to stay at the home for weeks at a time until she
became too sick to travel. After Mother passed, Ms. M------ found that E2 did not need
extra help to cope with the loss. During this same period of adjustment, E2 never
indicated to Ms. M------ that she missed Father. The girls also had some limited contact
with paternal relatives early on, but Ms. M------ ultimately stopped communicating with
their paternal grandmother out of fear that images or information shared with her would
make its way to Father.
E2 is now in 2nd grade at --- ---- --------- ------- where she has all As, is on honor
roll, and is thriving. She receives mental health counseling for some ongoing behavioral
challenges, attention deficit disorder (“ADD”), and obsessive-compulsive disorder
(“OCD”). She is also prescribed Ritalin. E2 is an outgoing child with friends in the
neighborhood. She participates in cheerleading, soccer, volleyball, bible club, and
theater. Although Ms. M------ tried to maintain E2’s connections with friends from her
parents’ neighborhood, none of those friends stayed in contact.
Likewise, E1 is doing well physically and mentally. She is up to date with her
medical care and sees a mental health therapist. E1 joined the soccer team and swim
team, and she has learned to drive (but not well, according to Ms. M------!). She is also
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 11 of 31
closely bonded with the M------ family. This summer, she will go to Guatemala with Ms.
M------ and hopes to learn to swim different strokes to prepare for the school swim team.
At the time of trial, she was also planning more immediately to take the train with L---
(the M------s’ adult daughter at home) to spend a week with M------ (another of the M-----
-s’ adult children).
At first, E2 and E1 did not get along with each other, which Ms. M------ described
as a “blood bath.” Now, however, the girls interact well with each other and maintain a
relationship with their siblings. Over the summer, the girls will visit their siblings and
maternal grandmother, and they will also host all their siblings for a week at the house.
At home, they are expected to do chores, maintain good behavior, and keep their rooms
and bathrooms clean.
Lastly, Ms. M------ reported that her mental and physical health are good.
Although she scaled back some of her activities when the children arrived in her home,
they have all adjusted well and have not had to change too much of their lives. Because
of their long-term commitment to the girls, the M------s are interested in adopting them.
E------- B-------
E------- B------- is Mother’s first cousin, and Mr. R-------- is her uncle. They grew
up as a tight-knit family and lived near each another in --------. She has been married to
D----- B------- for 22 years and they have three boys.
E3 joined their household after E1 first reported her sexual abuse in July 2023,
which led Mother to remove five of the children (including C----, who is now an adult)
from Father’s care. Previously, the children had been living with Father in Delaware, and
Mother had been living with Maternal Grandmother in Westminster --------, while the
parents went through the process of divorce. At some point, Father placed E3 in
Paternal Grandmother’s care. Following E1’s disclosure, E3 was also placed in
Maternal Grandmother’s home along with the other five children. But Mother was very
sick, and placing all six children together in Maternal Grandmother’s home was chaotic.
Ms. B------- first began visiting the home just to help out with the children, to take A-- to
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 12 of 31
chemotherapy, or to host the children at her house. When the children were all together
during visits to Ms. B-------’s home, they would steal E3’s food and toys, and they
hoarded and hid snacks from her pantry. Eventually, DFS recommended the kids be
separated and the B-------s agreed to take care of E3.
E3 was two and a half years old when he joined their family in August 2025, but
he did not act like a typical toddler. Ms. B------- described him as “like furniture.” He did
not cry, ask for anything, or make noise. He was not potty trained, did not make any
sound at night, and was fearful of sudden movements. He had no health insurance, and
he was not up to date on his vaccines. However, he quickly bonded with Ms. B-------.
She went to work quickly getting him registered with Medicaid, re-enrolled in speech
therapy, engaged with a behavioral therapist, and set up with medical appointments to
get him back on track with his immunizations. E3 saw a trauma/play therapist for one
year. Since then, he has made substantial progress with his behavior and speech.
Sometimes, he still has difficulty expressing himself, but he talks much more now and is
doing well. E3 is enrolled in a pre-kindergarten program, he is meeting his
developmental markers, he is well adjusted, and he is ready for kindergarten in the fall.
Ms. B-------’s other children adjusted quickly to having E3 at home, and she described
them as having a special relationship with E3. E3 is now like a “little celebrity” because
he goes to all of the football games and community events.
E3 sees his family as “the brothers he lives with” and “the brothers he does not
live with” (including M---- and J----). Although E3 is close with Ms. B-------’s three
children, she has also made it a priority to include his biological siblings in activities. J---
- and M---- will go to their lake house over the summer, and she also arranges for
holiday and summer visits with all of the siblings. Ms. B------- talks to E3 about Mother
and his family members, and she tries to encourage him to participate on weekly zoom
calls. However, E3 considers the B-------s his parents. He does not know who his
biological father is and does not understand the concept of adoption, given his age.
Moreover, Father never reached out to the B-------s directly before or after a no-contact
order was imposed regarding the children. Mr. B-------, however, reached out to Father
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 13 of 31
two times to let him know that E3 was okay. Father never provided financial support and
never sent a card, birthday present, or any other type of acknowledgement before he
was criminally prohibited from doing so. Similarly, at first, the B-------s maintained
contact with Paternal Grandmother, but she later cut ties with them. Now, contact with
Father’s family is limited to occasional cards exchanged with a paternal aunt. Ms. B------
- is committed to explaining the adoption status in a developmentally appropriate way as
E3 grows up. She recognizes that E3 gets upset when people use his last name of “T----
-” because he insists his last name is “B-------.” Although this process has been
stressful, Ms. and Mr. B------- are in good physical and mental health. They are
committed to adopting E3 because they already consider him their son. Ms. B------- is
staunchly committed to maintaining contact between the siblings. When E3 is older, she
would be supportive of contact with Father if it is appropriate.
L---- R--------
L---- R-------- is the step-maternal grandmother of the children. She has been
married to M---- R-------- for 23 years, and they have lived in --------, ----- -------- for the
past nine years of their retirement. In 2023, after E1 disclosed sexual abuse and Mother
was diagnosed with terminal cancer, Ms. R-------- traveled to -------- to help care for the
children. They had a family planning meeting with Mother to determine placement for
each child. At the time, M---- was 11 and J---- was 8, and the R--------s agreed to care
for them. When the boys arrived in August 2023, they were underweight, short for their
age, and struggling emotionally. They were defiant, did not respect adults, acted like
they were in charge, and had attachment issues. M---- had low self-esteem and worried
he would be in trouble if he dropped anything. J---- displayed anger and tantrums.
The R--------s enrolled the boys in therapy shortly after their arrival in October
2023, but the therapist left the practice. They started with their next set of therapists in
March 2024, but M----’s therapist left her practice in November 2025, and J----’s left in
April 2026. Consequently, Ms. R-------- scheduled an intake with a new therapist for the
boys in June 2026.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 14 of 31
It took time for the boys to understand that they were not equal to adults and to
understand why they were with the R--------s. Rather, they only knew that Mother was
sick and Father could not care for them. They had contact with Mother on the phone
every day until she passed away. However, the boys never asked to speak with Father.
Similarly, Father never reached out even before the no-contact order was put in place.
Initially, the boys had some contact with Paternal Grandmother through video calls,
letters, and cards. They were very close and had previously lived with her for ten years.
However, at the end of 2023, Paternal Grandmother cut off contact with the children,
indicating it was not in her best interest. She now only occasionally sends a birthday
card, a letter, or a Christmas gift.
Adjusting to the R--------s’ home has been a rocky process. J---- remains prone to
sudden, angry tantrums, and he can be triggered when his grades are less than A’s,
when he loses at a game, when he does not want to do something, or when someone
hurts one of his friends. Mr. R--------, who is generally very patient, struggled to help J----
. He admitted that he lost patience with J---- and struck him in the face last year. At one
point, in a moment of frustration, Mr. R-------- also told the boys that, if they did not want
to live with the R--------s, they could go live with Father. The conflict between Mr. R--------
and J---- also affected M----, who tends to shut down when people yell. Mr. R--------
recognized that he needed to change, so he began seeing a therapist weekly.
The R--------s have since made adjustments, including learning not to yell when
they are frustrated at the boys or to physically touch the children unless it is to hug or
kiss them. The boys are now more receptive and do chores without hesitation. The R----
----s pray together every morning with the boys, and they enjoy spending time together
as a family. They also take the children camping and fishing, play board games
together, and participate in other outdoor activities.
With respect to J----, Ms. R-------- has been working hard to find strategies to help
him heal, including sending him to his room for five minutes to punch a pillow when he
becomes angry. From 2023 to 2024, J---- had tantrums two times per week. The year
after, the tantrums slowed down, and he earned a “student of the month” distinction. In
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 15 of 31
September 2025, J---- was doing so well he was recommended for a young astronauts
program. After a negative report from school, however, he was removed from the
program, and his frustration led him to act up again for a time. J---- is now on
medication, and he has been stable since approximately March of this year.
Academically, he is on honor roll. He participates in basketball at school and through a
summer and winter program. He has many friends from church, and his health is good.
Although he has some good friends in ----- --------, he has no friends with whom he
keeps in contact in Delaware.
M----, similarly, had a slow adjustment to the R--------s home, but he has since
made a lot of progress. He still has a lot of grief and guilt about his mother’s death, but
he will not open up about it. Sometimes, he feels like no one listens to him, although he
will not reveal what bothers him. Early on, he was very defiant and disrespectful, but
that has improved. Although M---- struggled academically when he first arrived, he has
proven to be a gifted student. He has been placed in advanced math and science
classes. He enjoys participating in soccer and science projects. In fact, he placed
second in his district and received an award for engineering. M---- has a strong
community of friends through church, and he enjoys sleepovers on weekends. His
grades, however, have made him anxious. Recently, he was prescribed a low dose of
Prozac, and the R--------s have seen a huge improvement. M---- is now more confident
and more able to value himself. He is looking forward to trying out for the high school
volleyball team, and he plans to practice two times per week over the summer. He is
also generally healthy and up to date with his immunizations, and he wears braces.
M---- and J---- are close with each other. They are eager for calls with their
siblings and look forward to seeing them in person over the summer. M---- struggles
with being separated from his siblings, especially E3, because he cared for E3 when
Mother left the home. However, the boys maintain that they do not want to have contact
or be with Father. Instead, both boys support terminating Father’s parental rights.
Ms. R-------- noted a huge improvement with the boys over the past few years. It
took some time for her and her husband to adjust from retirement—where their primary
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 16 of 31
role as grandparents was to visit and spoil the children—they have acclimated to raising
these two boys. They are physically, financially, and emotionally able to be an adoptive
resource for them.
S----- A-------
S----- A------- is the ---------- -- ----------- Chaplain at ------ -- ----- ------------ -----------.
He met Father about two years ago when Father was first incarcerated. Since then, they
have met regularly, both individually and in group chapel services. Their meetings are
spiritual in nature, and Chaplain A-------’s role has been to offer support because
incarceration can be very difficult. Since Father’s release, he has attended Chaplain A---
----’s church weekly and engaged in a reentry group for men who are transitioning back
into the community. When Father attends church, another person is with him at all
times, and he has complied with what is required of him. However, Chaplain A-------
acknowledged that he is not familiar with Father’s sentencing order.
Chaplain A------- described Father as different from “the average person” he sees
because he does not struggle with addiction. Instead, Father’s issue was “relational in
nature.”9 Chaplain A------- is aware that Father is a convicted sex offender for sexually
abusing his daughter. But he noted that Father denied abusing his child, and he
expressed that it was not his role as chaplain “to judge.” Chaplain A------- also conceded
that Father has not taken accountability or admitted to the charges.
Darin Kellam
Darin Kellam has worked for New Behavioral Network for over fourteen years,
educating parents, teaching a 24/7 dad group, and working as a family interventionist.
He confirmed that Father completed the Principles of Positive Parenting class through a
referral from DFS and demonstrated that he had learned and accepted the content.10
Mr. Kellam testified, however, that he has had no communication with Father since he
9 TPR Hearing at 3:08:54–3:09:12 p.m., May 20, 2026 (audio).
10 Respondent’s Exhibit 1, PPP Certificate.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 17 of 31
completed the course in 2023, and he was not aware of Father’s subsequent criminal
conviction. He only learned on the day of trial that Father cannot be around children for
another six years.
A----- T----- (“Father”)
Father currently resides in a church ministry home, and he is receiving help from
---------- ------ Church to identify independent housing. Prior to his conviction, he had a
career as a freelance videographer, which he hopes to re-launch in the near future.
Since his release from his incarceration, he described being in a rigorous spiritually
based program where he attends church twice on Sundays, volunteers to transport
members of his ministry, engages in bible studies, and leads sermons.
Father contests having his parental rights terminated in the four younger children
because he wants to "provide the greatest scope for their healing opportunities.”11 He
testified that Mother’s death was a profound loss, and his “complex legal crisis” created
a lot of separation anxiety for the children.12 He believes E2 still wants contact based on
what she reported a few years ago from clinical sessions with her therapist. He sees a
lot of unfinished grief and emotion and feels that he should be available as a resource
for his children, with therapeutic contact coordinated by a clinical supervisor.
Father painted an idyllic picture of his life with the children. He described their
family life as having a strong spiritual foundation, and he recalled family outings,
outdoor activities, and mentoring. In his view, their home was a “hub” for the
neighborhood kids, the family had a strong bond, and they ate family dinners every
night.13 E1 and E2 shared one room, and M---- and J---- shared another. They also had
a strong support system from extended family, their church, and their homeschool
community. Paternal Grandmother was closely involved with the children and helped
with homeschooling and childcare duties.
11 TPR Hearing at 3:27:21–3:27:25 p.m., May 20, 2026 (audio).
12 Id. at 3:27:55–3:28:27 p.m.
13 Id. at 3:32:49–3:33:19 p.m.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 18 of 31
Mother’s departure from the home triggered what Father characterized as an
acute, unexpected crisis. But he stepped in to arrange therapists, a family
interventionist, Christian counselors, medical care, and educational services for the
children. E1 went into an “emotional paralysis” after she learned of Mother’s medical
condition, and she would not leave her bedroom.14 Therefore, he found a psychiatrist for
her, as well as psychological help for the other children both at school and outside of
school. He enrolled the children in mainstream school, which was an adjustment for all
of them. He also enrolled the girls in a Christian soccer club, E1 in gymnastics, and the
boys in soccer and flag football. Over the summer, they were enrolled in summer camp
and vacation bible school.
Father maintained he was close with all of the children, gave them each
individual attention, supported them emotionally, involved them in sports and other
outdoor activities, and played with them. As a working single father, he conceded it was
a lot to manage. While he was juggling everything, he realized it would be better for
Paternal Grandmother to care for E3. E3 had delayed speech, and Father arranged for
a paternal aunt to provide E3 with speech therapy. He picked up a part time job at a
local organic market. He also secured a job at ----- --- ----- ---- for $75,000 but was
“tragically” arrested just a few days before he could start that job.15
Father testified that, after the children were removed from his care, he tried to
make contact, but his communications were ignored. But he conceded that he only
attempted to contact the DFS case worker, believing that it was safer than reaching out
to the Guardians. He felt that he was cut out of conversations about where the children
would go after the family was separated. He also did not provide any financial support
for his children because he thought that would be a violation of the no-contact order.
Following his conviction, which he described as a “profound legal crisis,” Father
made many changes.16 He testified that his physical health is better than before, and he
14 Id. at 3:36:27–3:36:40 p.m.
15 Id. at 4:00:34–4:00:52 p.m.
16 Id. at 3:52:35–3:52:45 p.m.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 19 of 31
runs four days a week. His mental health has improved because he sees a Christian
counselor at --- --- ---------- ------ on a weekly basis. He also sees ----- ------- once per
week for “cognitive . . . problem solving.”17 Father maintains he is compliant with the
terms of his probation. He completed an anger management program on April 13,
2024,18 and, on February 11, 2025, a Kingdom Leadership virtual course on managing
family relationships.19
Father acknowledges he cannot have contact with any children for the next 6
years, can never contact E1, and cannot contact any of his own children until modified
by the Family Court. He is registered as a Tier III sex offender, and he is on a GPS
tracker for the duration of his probation for the next six years. While he is not at this time
proposing to “be a father that the children live with,” he seeks “a restorative path
forward.”20 Further, despite agreeing that taking accountability is a step toward healing,
he believes that he did not cause his family’s separation and the children’s behavioral
struggles, which instead resulted from a variety of external factors, including the
children’s previous homeschooling and his “legal crisis.”21
DISCUSSION
I. Termination of Parental Rights and Statutory Grounds
Enshrined in the Constitution is the recognition that parents have fundamental
rights and liberties to the care, custody, and control of their children.22 Such rights may
not be abrogated unless justified by “the most compelling reasons,” meaning that
intervention is “necessary to correct or protect a child from circumstances which directly
threaten or affect the minor's physical or emotional health. The State and its agencies
17 Id. at 4:03:37–4:03:55 p.m.
18 Respondent’s Exhibit 2.
19 Respondent’s Exhibit 3.
20 TPR Hearing at 4:12:04–4:12:20 p.m., May 20, 2026 (audio).
21 Id. at 4:13:16–4:14:13 p.m.
22 Santosky v. Kramer, 455 U.S. 745, 753 (1982); see also Troxel v. Granville, 530 U.S. 57, 65 (2000)
(plurality opinion).
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 20 of 31
are not in the business of determining or otherwise interfering with the parent-child
relationship on any less substantial grounds.”23
Termination of parental rights is one of the most consequential decisions the
Family Court can make. Under 13 Del. C. § 1108, the Court must undertake a two-step
inquiry. First, the Court must assess whether there is clear and convincing evidence that
statutory grounds exist for termination.24 If at least one of the enumerated grounds is
present, the Court must then find by clear and convincing evidence that termination of
parental rights is in the best interests of the child, considering the factors set forth in 13
Del. C. § 722.25
Here, the parties agree that the statutory grounds to terminate have already been
established. First, Father voluntarily consents to terminate his parental rights in E1
under 13 Del. C. § 1103(a)(1). Father also concedes that statutory grounds exist under
13 Del. C. § 1103(a)(4) because of his felony conviction for Unlawful Sexual Contact of
a Child under 13 where E1 was the victim. Therefore, the only question before the Court
is whether there is clear and convincing evidence that it is in the best interest of the
children for Father’s rights to be terminated.
II. Best Interests of the Children
In making a best-interests determination, the Court must consider all relevant
factors, including those set forth in 13 Del. C. § 722(a). The relevant factors are
addressed in turn below.
23 In re Burns, 519 A.2d 638, 645 (Del. 1986) (quoting Daber v. Div. of Child Protective Servs., 470 A.2d
723, 726 (Del. 1983)).
24 Mitchell v. Thayer, 312 A.3d 693, 699 (Del. 2024). The Supreme Court has described the clear and
convincing standard of proof as “evidence that ‘produces in the mind of the trier of face an abiding
conviction that the truth of [the] factual contentions [is] highly probable.’” Hudak v. Procek, 806 A.2d 140,
147 (Del. 2002) (alterations in original).
25 13 Del. C. § 1108; see also Whitmore v. Robinson, 223 A.3d 417, 424 (Del. 2019).
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 21 of 31
1. The wishes of the child’s parent or parents as to his or her custody and
residential arrangements;
Sadly, Mother is deceased. Father opposes termination of his parental rights
except as to E1. He consented to guardianship of the other children, but he hopes to
one day be able to have therapeutic contact with them to help them heal from the
family’s traumatic fracture. Therefore, this factor weighs in favor of granting the TPR
Petition as to E1, and against granting it as to the other children.
2. The wishes of the child as to his or her custodian(s) and residential
arrangements;
Other than E3, due to his age, all of the children have adamantly expressed
support for termination of Father’s parental rights. They wish to be legally freed for
adoption, as they said repeatedly during the Child Interview on March 4, 2026. As noted
in the March 10, 2026, Letter Order following the interview with E1, M----, J----, and E2,
“the Court was very impressed by these four children, especially given the losses,
adjustments, and hardships they have endured. They were thoughtful, engaged, and
articulate in expressing their wishes regarding termination of parental rights and
adoption.”26 At the time of trial, Mr. Harting confirmed that E1, M---- and J---- continued
unwaveringly to support terminating Father’s parental rights. With respect to E3, the
Court heard testimony from Ms. Alaberti, Ms. Campbell, and Ms. B------- about E3’s
attachment to the B------- family. He is an inextricable part of that family, resists being
called by his legal last name of T-----, and he does not have any recollection of any
caregivers before living with the B-------s. Moreover, none of the children have asked for
contact or a relationship with Father in at least the last couple of years. Given that the
children have been with their respective guardians for almost three years and
adamantly wish to be adopted, this factor weighs heavily in favor of termination of
parental rights.
26 Tab 13, March 10, 2026 Order.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 22 of 31
3. The interaction and interrelationship of the child with his or her parents,
grandparents, siblings, persons cohabitating in the relationship of husband
and wife with a parent of the child, any other residents of the household or
persons who may significantly affect the child’s best interest;
Indisputably, the children all have close relationships with each other. The
Guardians fully understand the importance of this sibling bond and have worked
diligently to maintain it, despite the three separate placements, through weekly zoom
calls, holiday visits, and summer vacations together. M----, in particular, misses being
close to his siblings. However, the Guardians are committed to fostering these
relationships between the siblings and their extended maternal family.
In addition to the close ties between the siblings as a group, the children all have
strong relationships within their respective Guardians’ homes. E1 and E2 have grown
close despite initial interactions in the M------s’ home that Ms. M------ described as a
“blood bath.” The girls are now clearly enmeshed in the M------ family and have loving
relationships with each other, with C-------- and M------ M------, and with the M------s’ adult
children. E1 and E2 see Ms. and Mr. M------ as sources of safety and comfort and wish
to be considered part of their legal family. Equally, C-------- and M------ have changed
their lives to make E1 and E2 vital members of their family.
Like E1 and E2, M---- and J---- have strong relationships with their guardians, Mr.
and Ms. R--------. Although they experienced an initial period of difficult adjustment, the
children feel loved and nurtured by the R--------s. The ----- -------- child-protective
investigation of an incident in September 2025 between Maternal Grandfather and J----
did not produce evidence that J---- was abused.27 However, Maternal Grandfather
admitted that he slapped J---- on his face on one occasion after J----’s behavior
escalated and he threatened Maternal Grandfather. Soon after, Maternal Grandfather
apologized to J----, and J---- apologized in return. Maternal Grandfather expressed
27 Petitioner’s Exhibit 5, at 13.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 23 of 31
remorse and has undergone additional training on how to care for children with
traumatic histories.28 In addition, Ms. R--------’s testimony described the significant
changes the couple have undertaken to make M---- and J---- feel part of their immediate
family. Since then, they have committed to helping the boys heal and flourish.29
Although the R--------s had to adjust from their formerly relaxed, retired lifestyle in ----- --
------, they have since created an active, structured, and nurturing home to help care for
the boys.
Similarly, E3 has an immeasurably strong bond with the B------- family and their
three children. He is an integral part of the family and was described as their fourth
child, without any legal or other distinction. Because E3 joined the family at two and a
half, he knows of no other caregivers.
In contrast, none of the children has any contact with their paternal relatives.
Understandably, Father has had no recent contact because he is prohibited from doing
so as a condition of his criminal sentence. But even before he was arrested and all
contact was prohibited by first DFS and then the Court, Father made minimal efforts to
reach out to the children or the Guardians (notwithstanding no prohibition on contacting
the guardians directly). Father testified that he only tried to contact the children through
DFS, rather than communicating with the Guardians directly. What is more, after
Father’s arrest, his side of the family retreated from contact with the children. Therefore,
based on the strong relationships the children have with their Guardians and each other
and the nonexistent relationships the children have with Father and paternal relatives,
this factor weighs strongly in favor of termination of parental rights.
4. The children’s adjustment to their home, school, and community;
The children’s lives have improved dramatically since coming to live with the
Guardians nearly three years ago. Before, the children lived in a chaotic household,
where they were homeschooled, isolated, and they raised concern for physical abuse of
all the children and chronic sexual abuse of E1. In 2023, Mother separated from Father,
28 Id.
29 Id. at 14.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 24 of 31
and he tried to juggle caring for the children while maintaining a freelance job. The
children struggled to adjust to traditional schooling after being homeschooled for many
years, and they received psychological and Christian counseling. Paternal Grandmother
provided some help and eventually took E3 to her home because it was too difficult for
Father to manage all the children in one location. But while Father described an idyllic
situation of the children having neighborhood friends, family dinners, numerous outdoor
activities, and close bonds, the abuse and trauma they endured undercut his
whitewashed depiction. They were separated from Father because of his repugnant
conduct toward E1 in particular. After E1’s disclosure, while Mother was ill but still alive,
she intentionally arranged for the children to be placed with their respective Guardians.
E1 and E2
E2 and E1 were placed with the M------s, who had known E1 through Ms. M------
’s tutoring. The transition was at first difficult. E2 arrived underweight, and both girls had
significant challenges, which led the M------s to enroll them in mental health therapy. E1
was very guarded and mistrustful. E2 thought she had been kidnapped and may have
initially missed Father. E2 also displayed challenging behaviors including destruction of
property, tantrums, and disrespect.
After nearly three years, however, the girls are well adjusted to their home and
are treated like full members of the family. Over time, E1 became more trusting, and her
behavior improved. She is thriving in her home-school program, and she participates in
swimming and soccer. She is learning to drive and plans to go on a summer trip with
Ms. M------ to Guatemala. E1 is an extraordinarily resilient child, and it is clear that, with
the love and support she receives from the M------ family, she is beginning to heal.
E2, likewise, is thriving at home and academically in 2nd grade at --- ---- --------- ---
----. She has an active social life, and she participates in cheerleading, soccer,
volleyball, bible club, and a school play. Miraculously, the M------s can keep up with all of
their activities without fail and wish to be an adoptive resource for them.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 25 of 31
M---- and J----
M---- and J---- had significant difficulty adjusting to the R--------s’ home when they
first arrived in August 2023. They were underweight, defiant, and disrespectful of adults.
But with the benefit of patience, mental health therapy, and time, they have adapted to
living with their grandparents as their primary caregivers. At first, M---- struggled with
school, bullying, and anxiety. The R--------s have since engaged with his academic
needs, and he has been discharged from speech therapy and been stepped down from
an IEP to a 504 Plan for extra time on testing and preferential seating.30 He is now
excelling in school, where he won second place in a science contest, plays soccer, and
is preparing for high school volleyball.
Similarly, J----’s behaviors were challenging for a long time. Mr. R--------, in
particular, recognized that “old school” parenting would not work for a child who had
suffered so much trauma, grief, and loss. As a result, the family is working together to
support J----’s adjustment. J---- is now an excellent student, and he enjoys playing
basketball year-round. He also has a 504 Plan in school, and accommodations that help
him to be successful.31 The R--------s pray together every day with the children, and they
take them camping, fishing, and on other outings. Although they stay quite busy, it is
clear to the Court that the R--------s have changed their lives to foster a loving
environment for the boys.
E3
When E3 first came to the B-------s’ home, he was “furniture.” He didn’t move, cry,
talk, or interact. He is now fully integrated into the family and is making great progress.
He attends preschool, enjoys time with his big brothers, and is considered a “little
celebrity” in his community. In addition to family vacations together and plenty of time
spent as a family, Mr. B------- coaches E3’s little league team, and Ms. B------- volunteers
30 Petitioner’s Exhibit 5, at 7–8.
31 Id. at 8.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 26 of 31
for his school. Notably, E3 has lived the majority of his life with the B------- family and
received enduring love, consistency, and a strong community in their care.
* * *
The children’s collective adjustment to their Guardians’ homes and communities
is nothing short of remarkable compared with the chaos and abuse they experienced in
Father’s care and the maladaptive behaviors they displayed when they first arrived in
the Guardians’ care. Consequently, this factor weighs heavily in favor of termination of
parental rights.
5. The mental and physical health of all individuals involved;
As underscored above, the children experienced profound loss and trauma prior
to their placement with the Guardians. All are physically healthy and, fortunately, they
are on a path to healing thanks not only to their newfound stability, but also to their
professional mental health counselors. Likewise, the Guardians are all mentally and
physically healthy, and the home studies identified no concerns with their ability to care
for the children.
Although Father contended that the ages of the M------s and R--------s could be a
concern for permanency, the Court sees no issue with them as long-term caregivers for
three reasons. First, Father ultimately consented to their guardianships even though
their ages were known factors at the time of those petitions. They have all managed to
provide excellent day-to-day care for the children as guardians, and the care they will
provide as adoptive parents will not be meaningfully different. Second, the M------s and
R--------s submitted to physical examinations, after which medical professionals certified
that they were capable of providing care for the children. The Court heard no evidence
suggesting a reason to question the expertise of those providers. Third, while no one
can ever know what the future holds for a person’s life or health, these are exceptional
caregivers, and there are no alternative permanency options for the children.
In contrast, although Father may be physically healthy, it is not clear that he is
mentally healthy. Despite allegations of sexual abuse of at least one child and physical
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 27 of 31
abuse of all the children, Father has not taken accountability for his actions in fracturing
his family. He is undergoing Christian counseling and receives spiritual guidance.
Nevertheless, he denied being the cause of his family’s separation. It is difficult to
reconcile Father’s claim that he receives adequate mental health treatment with his
refusal to take responsibility for his role in rupturing his family unit. However, the Court
finds this factor neutral because no evidence identified specific mental or physical
health concerns and Father’s lack of accountability is more appropriately considered
under factor (6).
6. Past and present compliance by both parents with their rights and
responsibilities to their child under §701 of this title;
The Guardians have cared for the children for the past three years without any
financial or other support from Father. Even before he was barred from having direct
contact with the children, Father admitted he did not contact them or provide any
support for their caregivers. More significantly, Father has not complied with his
responsibilities to his children. Although he completed the PPP (Positive Parenting
Program) class,32 an anger management course,33 and a Christian counseling course,34
he violated the most basic tenet of parenting—to not harm one’s own child. A conviction
for sexually abusing his oldest daughter demonstrates that he has not complied with his
responsibilities as a parent. Father, however, characterizes his conviction for Unlawful
Sexual Contact < 13 as a “profound legal crisis.” The passage of time has not cured his
devastating lack of accountability.
Even beyond the previous betrayal of his responsibility to his children, Father is
now prohibited from having any contact with them unless modified by the Family Court.
No petition for visitation is before the Court, yet Father’s suggested roadmap for the
children relies on therapeutic contact. This Court is certainly under no obligation to
32 Father’s Exhibit 1, Completion Certificate of PPP Parenting Modules on September 14, 2023.
33 Father’s Exhibit 2, The Anger Management Training Institute 16 Hour Anger Management and
Counseling Workshop, April 13, 2024.
34 Father’s Exhibit 3, Certificate of Completion Kingdom Leadership, February 11, 2025.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 28 of 31
permit such contact and sees no reason to do so given that Father has not begun to
take responsibility for his actions or the trauma he inflicted on his children. Moreover, as
a high-risk Tier III sex offender with a lifetime registration requirement, Father faces a
rebuttable presumption against any future award of custody, residential placement, or
unsupervised visitation.35 He cannot yet overcome that presumption because he has not
successfully completed an intensive counseling program designed specifically for sex
offenders. Father is thus barred from contact based independently on his criminal
sentence, two statutory presumptions he cannot yet rebut,36 and the fact that a
relationship with him would be detrimental to the children’s best interests. In the
absence of any foreseeable path to rebuilding healthy relationships, it is not clear how
preventing adoption in order to preserve that possibility would serve the children’s best
interests. Consequently, this factor weighs in favor of terminating parental rights.
7. Evidence of domestic violence as provided in Chapter 7A of this title; and
Under 13 Del. C. § 706A(a), before determining the custody and residential
arrangements of the children, the Court must consider all evidence of past or present
acts of domestic violence, whether or not committed in the presence of the children.
Based on his criminal conviction, Father is also a “perpetrator of domestic violence,”37
and he has not completed the required program specifically designed for perpetrators of
family violence.38 As such, this factor weighs in favor of granting the TPR petition.
8. The criminal history of any party or any other resident of the household
including whether the criminal history contains pleas of guilty or no
contest or a conviction or a conviction of a criminal offense.
Father’s singular conviction of Unlawful Sexual Contact with a Child under 13,
based on his no-contest plea, is not only grounds for termination, but also salient as to
35 See 13 Del. C. §§ 723A, 724A.
36 See 13 Del. C. § 705A and 13 Del. C. § 724A
37 See 13 Del. C. § 703A(b).
38 See 13 Del. C. § 705A.
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 29 of 31
the best-interest analysis. Other than spiritual counseling and compliance with
probation, Father has done very little to acknowledge, treat, or remediate the actions
that led to his conviction, splintered his family’s relationship, and inflicted lasting trauma
on his children. Even in Father’s Affidavit of Consent to Terminate Parental Rights,
Father maintained his factual innocence regarding the allegations of unfitness, sexual
abuse, and neglect. He further noted that he “entered [his] no contest plea to prioritize
the stability of [his] household during [his] children’s time of greatest vulnerability,
choosing to protect their ecological health over [his] own legal vindication.”39 The
underlying charges are extremely damaging to the children’s best interests, safety, and
well-being.
By contrast, none of the Guardians has any relevant criminal history.
Consequently, this factor weighs heavily in favor of termination of parental rights.
Position of the Child Attorney
The Child Attorney representing E1, M----, and J---- supports the TPR Petition
due to Father’s criminal convictions and the best interest factors outlined above.
III. Conclusion
In considering the factors in 13 Del. C. § 722, “[t]he amount of weight given to
one factor or combination of factors will be different in any given proceeding. It is quite
possible that the weight of one factor will counterbalance the combined weight of all
other factors and be outcome determinative in some situations.”40 Here, considering the
evidence presented at trial, the position of the Child Attorney, the undisputed statutory
grounds for termination (under 13 Del. C. § 1103(a)(1) as to E1 and § 1103(a)(4) as to
the other children), and best-interest factors (1) (as to E1), (2), (3), (4), (6), (7), and (8),
the Court finds clear and convincing evidence that it is in the children’s best interests to
terminate Father’s parental rights. In particular, factors (2) and (8) are dispositive in this
39 Consent to Terminate and Transfer Parental Rights, Supplemental Affidavit, May 20, 2026.
40 Fisher v. Fisher, 691 A.2d 619, 623 (Del. 1997).
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 30 of 31
case. The children’s clear and articulated wishes to be adopted by their Guardians
swayed the Court more than any of the other factors. Moreover, Father’s relationship
with the children may never fully recover unless and until he acknowledges the
conviction for Unlawful Sexual Abuse of his own child. His criminal conviction destroyed
his family, resulted in lasting trauma to his children, and placed him on the sex offender
registry for the rest of his life, making factor (8) a compelling justification for terminating
parental rights.
Most significantly, while the Court acknowledges that terminating Father’s
parental rights will also sever the siblings’ legal relationships with each other, it is clear
that these children have an enduring bond with one another that will survive the
transition. Although these children have experienced unimaginable, heart-wrenching
challenges and losses in their lives, they all feel safe, loved, and secure with their
respective guardians. Permanency comes in many forms. Here, permanency in the form
of adoption is the most protective and least restrictive alternative. It is the Court’s hope
that these extraordinary children will continue to heal, dream, and experience happiness
and joy. Termination of Father’s parental rights legally frees them to be adopted by their
equally remarkable Guardians.
Therefore, the Court GRANTS the Guardians’ collective Petitions for Termination
of Father’s Parental Rights in E1, M----, J----, E2, and E3 T-----. With deep appreciation
for their efforts, the Court discharges the Child Attorney, Jonathan Harting, Esq., and
Father’s Attorney, Megan Mahle, Esq.
IT IS SO ORDERED.
____/ Eliza M. Hirst /____________________
ELIZA M. HIRST, JUDGE
Date Written Order Issued: June 4, 2026
Date E-mailed/mailed: June 4, 2026
M------, R--------, and B------- v. T-----
Consolidated Termination of Parental Rights Order
File No.: 25-08-08TN, 25-08-06TN, 25-08-07TN
Petition No.: 25-19652, 25-19606, 25-19619
June 4, 2026
Page 31 of 31

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