Parental Rights in Delaware
Delaware Parental Rights News
Urgent Calls Needed to Support Good Curriculum Transparency Bill in Delaware
We are excited to let you know that H.B. 326, a bill to provide curriculum transparency to Delaware families who have children in public schools, will be heard in committee on Wednesday, April 6. H.B. 326 has been introduced by primary sponsor Representative Charles Postles and by additional sponsors Senators Bryant Richardson and David Wilson.…
Delaware State Law and Parental Rights
Delaware does not have a state statute that explicitly defines and protects parental rights as fundamental rights.
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Delaware Courts and Parental Rights
Wilson v. Div. of Family Servs., 988 A.2d 435, 442–43 (Del. 2010):
“Although the interest of natural parents in the care and custody of their children is a fundamental right protected by the due process clause of the Fourteenth Amendment (Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71L.Ed.2d 599 (1982)), a termination of parental rights proceeding differs from a criminal proceeding in many respects…. This Court has recognized that ‘a termination of parental rights proceeding does not require the level of due process mandated in a criminal proceeding.’ (Farley v. Dept. of Servs. For Children, Youth, Their Families, 2000 WL1862231, at 1 (Del.Dec. 15, 2000).)"