Legal Opinion
In the interest of Phillips
Delaware Family Court
Decided July 1, 2002No. CS01-04269; Petition No. 01-25453PublishedCited by 3 opinions
1Opinion of the CourtMillman, 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 Code.
After reviewing the separation of powers doctrine and the legislative history of title 11, section 1103(d), I find that section…
2Cases cited6 opinions
- Renee J. v. Superior CourtCalifornia Supreme Court · 2001
- In Re HellerSupreme Court of Delaware · 1995
- Matter of BurnsSupreme Court of Delaware · 1986
- State in Interest of NRCourt of Appeals of Utah · 1998
- Opinion of the JusticesSupreme Court of Delaware · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Adoption of Riahleigh M.Adoption of MyAnnah D.Supreme Judicial Court of Maine · 2019
- Division of Family Services v. JamesDelaware Family Court · 2009
- In the Interest of GreeneDelaware Family Court · 2006