Middleton, Deshaun v. Department of Services for Children Youth and Their Families (DSCYF) TPR
CourtSupreme Court of Delaware
Date FiledOctober 22, 2026
Docket224, 2026
StatusPublished
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Full Opinion
1IN THE SUPREME COURT OF THE STATE OF DELAWARE
DESHAUN MIDDLETON,1 §
§ No. 224, 2026
Respondent Below, §
Appellant, § Court Below–Family Court
§ of the State of Delaware
v. §
§ File No. 25-12-02
DEPARTMENT OF SERVICES § Petition No. 25-27526
FOR CHILDREN, YOUTH AND §
THEIR FAMILIES, §
§
Petitioner Below, §
Appellee. §
Submitted: September 21, 2026
Decided: October 22, 2026
Before SEITZ, Chief Justice; TRAYNOR and LEGROW, Justices.
ORDER
After consideration of the no-merit brief and the motion to withdraw filed by
the appellant’s counsel under Supreme Court Rule 26.1(c), the responses, and the
record on appeal, it appears to the Court that:
1
The Court previously assigned a pseudonym to the appellant under Supreme Court Rule 7(d).
(1) By order dated May 13, 2026, the Family Court terminated the parental
rights of the appellant, Deshaun Middleton (“Father”), with respect to his son (the
“Child”).2 This is Father’s appeal.
(2) On appeal, Father’s counsel filed an opening brief and a motion to
withdraw under Rule 26.1(c). Counsel asserts that she conducted a conscientious
review of the record and the relevant law and determined that Father’s appeal is
wholly without merit. Counsel informed Father of the provisions of Rule 26.1(c),
provided him with a copy of the motion to withdraw and the accompanying brief,
and advised him that he could submit in writing any additional points that he wished
for the Court to consider. Father submitted points for the Court’s consideration. The
Delaware Department of Services for Children, Youth and Their Families, Division
of Family Services (“DFS”) and the Child’s attorney have responded to counsel’s
Rule 26.1(c) brief and argue that the Family Court’s judgment should be affirmed.
(3) The Child, who has autism and is mostly non-verbal, was born in March
2016. On February 28, 2024, DFS moved for emergency custody of the Child. DFS
alleged that (i) it received a report of suspected physical abuse of the Child on
January 27, 2024, (ii) Father had a lengthy history with DFS involving the Child and
three older children who were removed from his care, (iii) DFS had not located any
2
The child’s mother (“Mother”) consented to termination of her parental rights. We refer only to
facts in the record that relate to Father’s appeal.
2
relatives willing to care for the Child, and (iv) Father refused to work with DFS. The
Family Court granted the petition and appointed counsel to represent Father.
(4) At the preliminary protective hearing on March 6, 2024, the Family
Court heard testimony from DFS worker Laurel DellaValle and Father. DellaValle
reviewed Father’s history with DFS, which dated back to 2004 for his older children
and to 2019 for the Child. All of Father’s older children left to live with relatives or
in foster care. On January 27, 2024, DFS received a report that the Child went to
daycare with a red eye and bruising. The Child was taken to Nemours Hospital
where staff believed that the Child’s injuries were consistent with direct blunt impact
trauma and were concerned that the Child was neglected. Father was initially
amenable to the Child living with respite caregiver Alton Carter while DFS
investigated the matter but was unwilling to extend the arrangement absent a court
order.
(5) Father testified that the Child had no injuries on his face when he
dropped him off at his daycare on January 26. Father said he worked a lot of hours
and therefore his girlfriend, and previously his mother, cared for the Child when he
was not in school. Family Court found that there was probable cause to believe the
Child was at substantial imminent risk of physical, mental, or emotional danger and
continued to be dependent. The court also found that DFS had made reasonable
efforts to prevent unnecessary removal of the Child from the home.
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(6) At the adjudicatory hearing on May 13, 2024, the Family Court heard
testimony from Dr. Stephanie Deutsch, who testified as an expert on child abuse,
DellaValle, the paternal grandmother (“Paternal Grandmother”), Father’s adult
daughter (“Daughter”), Carter, and Father. Dr. Deutsch, Medical Director of the
Nemours CARE (Children at Risk Evaluation) Program, testified that, when the
Child came to Nemours in January, he had peri-orbital bruising that could have
resulted from a direct strike to his face. He also had bruising on his abdomen and
lower limbs. Addressing the possibility of self-injury as suggested by Father, Dr.
Deutsch testified that it would be unusual for a child to injure themselves around
their eyes.
(7) Dr. Deutsch reviewed medical records revealing that the Child had
facial bruising consistent with a strike to the face in April 2019, bruising and weight
loss in October 2022, and bruising to his face, scalp, and lower limbs and weight
loss in June 2023. The Child had gained three pounds since leaving Father to live
with Carter. Dr. Deutsch also testified about the family’s failure to pursue and
follow-up on multiple referrals to autism service providers. Based on the Child’s
medical records, Dr. Deutsch testified that there appeared to be a pattern of abuse
and neglect of the Child.
(8) Paternal Grandmother testified that she babysat the Child when he was
younger and began assisting more when Mother left the household in 2023. She
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took the Child to the dentist for the first time in the summer of 2023. Several of his
teeth were rotten and had to be removed. Paternal Grandmother stopped speaking
with Father in the summer 2023 when he refused to take the Child to the dentist after
dental surgery that left the Child in excruciating pain. She was unable to take the
Child herself. Daughter testified that she was removed from Father’s care when she
was two-and-a-half years old and lived with relatives or in foster care until she
became an adult.
(9) Carter testified about the services he provided as respite caregiver to
the Child. Carter also worked at the Child’s daycare center. On January 26, 2024,
he noticed the Child’s right eye was red when Father dropped him off at the daycare
center. He obtained Father’s permission to take the Child to his pediatrician, who
noticed bruising around the Child’s left eye and told Carter to take the Child to the
Nemours Hospital emergency room. Following the emergency room visit, Father
agreed that the Child would live with Carter while DFS conducted an investigation.
Carter testified that the Child had gained weight and said some words while in his
care but still had temper tantrums and other behavioral issues.
(10) DellaValle reviewed Father’s history with DFS, which dated back to
the early 2000s for his older children and to 2019 for the Child. Neglect of the older
children led to them living with relatives or in foster care. In late 2018 or early 2019,
DFS began receiving reports that the parents were having difficulty controlling the
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Child and that his autism was unaddressed. DFS struggled to contact the family but
eventually did so and discovered bruising on the Child’s face. DFS began a
treatment plan with the family that was still open in November 2020 when DFS
received law enforcement reports of domestic violence and poor housing conditions.
These conditions included zip ties attached from the outside of the Child’s bedroom
door to a doorknob across the hallway that prevented the Child from opening the
door. As a result of this incident, Father pleaded guilty to endangering the welfare
of a child.
(11) As of October 2022, DFS had ongoing concerns about the family’s
housing and the Child’s non-enrollment in school. DFS briefly obtained custody of
the Child after learning that the family was living in a garage with no indoor
plumbing. DFS returned the Child to his parents when they obtained a voucher for
a motel room and agreed to continue working with DFS. Mother was generally
compliant with her treatment plan, but Father was not. DFS closed the case based
on Mother’s compliance, but Mother left the family and moved to North Carolina in
March 2023.
(12) In April 2023, DFS received reports that the Child was appearing at
school with unexplained bruises and opened another investigation. There were also
reports that the Child was losing weight and coming to school with bruises and wet
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diapers. After Father engaged respite services and moved in with his girlfriend in
Kent County, DFS closed the case on January 22, 2024.
(13) On January 27, 2024, DFS received a report that the Child went to
daycare with a red eye and bruises. Carter took the Child to his pediatrician who
recommended that Carter take the Child to the emergency room. At Nemours
Hospital, staff were concerned that the Child was physically abused or neglected and
obtained Father’s permission for the Child to stay with Carter until DFS responded.
(14) The Child remained with Carter while DFS investigated the
case. DellaValle interviewed Father who denied that the Child had any injuries
except bruising on his legs. Father said that the Child would often become violent
and hurt himself, which led to the Child and Father moving out of his girlfriend’s
home. Father also told her that he worked more than eighty hours per week. Father
initially agreed to the Child living with Carter but would not agree to an extension
of that arrangement absent a court order. After the preliminary protective hearing,
DellaValle tried to set up visitation between Father and the Child, but Father directed
her to his attorney and there was no response to the visitation efforts.
(15) Father blamed maternal grandmother for the Child’s facial bruise in
April 2019, and said the Child’s school since September 2023 had not expressed any
concerns to him about the Child having bruises. He attributed the family’s poor
housing conditions in November 2020 to his heavy drinking at that time. He claimed
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that he had subsequently stopped drinking. Father denied that the zip ties were to
keep the Child in his bedroom but were instead intended to stop the Child from
entering the bedroom. As to the garage with no running water, Father said the family
was supposed have access to the primary residence for bathroom and water access,
but the landlord refused to allow them to enter the primary residence.
(16) Father stopped communicating with Paternal Grandmother in August
2023 because he believed she was lying when she told him that she could not take
the Child to the dentist for the pain he was suffering after dental surgery. As to the
poor condition of the Child’s teeth before the surgery, Father said he was working a
lot and Mother was the Child’s caregiver. He blamed the Child’s weight loss on the
family’s chaotic living conditions and Mother leaving.
(17) In January 2024, Father decided to leave his girlfriend’s home because
of the Child’s behavioral problems, which included attacking her autistic son.
Father said that, when he began packing on January 25, 2024, the Child became
upset and flipped off the bed. The next day Father dropped the Child off at daycare
and checked into a motel. Father did not notice any bruising on the Child’s face
before he dropped him off. Carter contacted Father later that day to report that the
Child’s eye was red, and Father agreed that Carter could take the Child to the
pediatrician. The Child stayed with Carter over the weekend as he often did and
8
continued to stay with Carter because Father knew DFS would not consider a motel
appropriate housing.
(18) Father acknowledged telling DFS that he worked more than eighty
hours per week but said that those hours included his travel time from Kent County
where he lived with his girlfriend to New Castle County where he worked. He
testified that he relied on his girlfriend, Carter, and the school to assist him with the
Child. He claimed Paternal Grandmother was responsible for contacting one of the
autism service providers—the Swank Autism Center—but did not know what
happened with that after he broke off contact with her. He contacted Autism of
Delaware, but his work schedule prevented him from engaging with them.
(19) At the time of the adjudicatory hearing, Father was working forty hours
per week and renting a room in a house. He denied any mental-health or substance-
abuse problems. He described his relationship with his Daughter as strained and
said he last saw her in 2020. He claimed Paternal Grandmother was toxic and
conspiring against him with DFS and Carter. Father testified that he had not visited
the Child since January 26, 2024 because he did not want to upset the Child, who
would not understand that he could not stay with Father.
(20) Emphasizing the Father’s demonstrated inability to meet the needs of
the Child, the Family Court found that the Child was dependent and should remain
in DFS custody. The court also found that Father had neglected the Child’s medical
9
and nutritional needs and abused the Child. Finally, the court found that DFS had
made reasonable efforts to prevent unnecessary removal of the Child from the
home.
(21) At the June 27, 2024 dispositional hearing, DFS presented its case plan
for Father. The elements of the case plan included Father completing a mental-
health evaluation and complying with any recommended treatment, an anger-
management class, and a general parenting class as well as a parenting class focused
on children with autism. Father was also required to maintain employment, obtain
appropriate housing, and attend appointments for the Child’s developmental,
medical, and education needs. The Family Court adopted the case plan for Father
and found that the Child continued to be dependent and should remain in DFS
custody.
(22) The Family Court held the first review hearing on September 18, 2024,
Dr. Rachel Brandenburg testified about her psychological evaluation of Father.
Based on her evaluation, Dr. Brandenburg concluded that Father did not meet the
criteria for a mental-health diagnosis but was unable to put the Child’s needs above
his own. She believed that counseling was unlikely to address concerns regarding
Father’s parenting skills because he did not recognize that there was anything he
should have done differently and would not take responsibility for his actions.
10
(23) DFS treatment worker Eric Winkler testified that Father was working
with a family interventionist, had received referrals for a parenting class and applied
behavioral analysis therapy for autism (“ABA therapy”) sessions, and completed an
anger management class. Father continued to work and to rent a room. Father
visited the Child weekly but did not attend any of the Child’s medical, educational,
or developmental appointments. The Child was attending school and going to the
Swank Autism Center. The Family Court found that the Child continued to be
dependent and should remain in DFS custody.
(24) At the second review hearing on December 10, 2024, Winker testified
that Father told him that he did not trust Dr. Brandenburg’s evaluation and was
reluctant to attend therapy. Father had begun the parenting and ABA therapy classes,
started a new job, and maintained his housing. Father’s visits with the Child were
going well, but he had missed or was unable to attend most of the Child’s medical,
developmental, and educational appointments. The Child was doing well physically
in Carter’s care, but his behavior had regressed. He had to wear a diaper at times
and was displaying sexualized behaviors. The Family Court found that the Child
continued to be dependent and should remain in DFS custody.
(25) On January 21, 2025, DFS moved to change the permanency plan to
termination of parental rights/adoption. DFS alleged that Father’s housing was
11
inappropriate for a child, that he refused to undergo mental health treatment, and that
he was unable to meet the Child’s developmental, medical, and educational needs.
(26) At the third review hearing on February 5, 2025, Winker reviewed the
Child’s medical, educational, and developmental appointments since May 2024.
Father was notified of most of the appointments but failed to attend most of them.
Father had completed his parenting class and continued the ABA therapy sessions.
The Child’s visits with Father were going well. Based on concerns that Carter was
interfering with reunification, DFS was exploring placement of the Child in a
different home. The Family Court found that the Child continued to be dependent
and should remain in DFS custody.
(27) In March 2025, the parties agreed that an expert would assess whether
Father’s visitation with the Child was having a negative impact on the Child’s
behavior. The court held a permanency hearing on April 29, 2025. Father had
previously been unable to engage in mental health counseling due to lack of
insurance but was recently able to engage in counseling. Father remained employed,
continued to rent a room, and had completed his ABA therapy sessions. He was
visiting the Child weekly. Since his placement in a new home, the Child was
exhibiting more outbursts and sleeping in class. The Family Court found that Father
had partially complied with his case plan. The court stayed consideration of DFS’s
12
motion to change the permanency plan until the next permanency hearing, which
would occur after the assessment of the Child’s visitation with Father.
(28) At the October 30, 2025 permanency hearing, the Family Court heard
Allison Krauss Randall’s testimony concerning her assessment of Father’s visitation
with the Child. Randall opined that the Child’s behavioral issues were not tied to
visits with Father, but she expressed concern about Father’s behavior and parenting
skills during the visits. When visits occurred outside of a controlled setting like a
library, Father relied heavily on the family interventionist for supervision of the
Child. Once when Father was overseeing the Child by himself, he placed the Child
standing up on a swing, walked away, and then was dismissive after the Child fell
hard off the swing onto his face and cried. Father became defensive and belligerent
when the family interventionist raised safety concerns and made suggestions to
Father about his parenting skills.
(29) After the Child’s attorney raised concerns with the qualifications of
Father’s therapist, Father was looking for a new therapist, which was complicated
by his new employment and new insurance coverage. Father had moved into
appropriate housing with a new girlfriend, who had multiple children. The Family
Court granted DFS’s motion to change the permanency goal to the concurrent goals
of reunification or termination of parental rights, emphasizing that Father was not
exhibiting the lessons of his parenting skill and anger management classes.
13
(30) At the February 2, 2026 permanency hearing, DFS continued to express
concerns with Father’s ability to meet the Child’s special needs. Father maintained
his employment and housing with his girlfriend. They had a new baby. Father had
started therapy with a new therapist. The Child was doing well with his foster
mother, who was interested in adopting him.
(31) The Family Court held a TPR hearing on April 14, 2026. The Family
Court heard testimony from Father’s former therapist Angel Reddick, Winkler, DFS
permanency worker Bethany Ash, the Child’s foster mother, and Father. The
testimony reflected that Father had engaged in counseling, but Reddick discharged
him after five or six sessions because she believed that he required a higher level of
care with a psychiatrist. Reddick testified that Father acknowledged responsibility
for some of the events leading to the Child’s placement in DFS custody but believed
that he was the victim of a conspiracy and that it was unnecessary to change his
thought processes or behavior. DFS remained concerned about Father’s mental
health and ability to meet the Child’s special needs but acknowledged that Father
had obtained appropriate housing, maintained employment, completed parenting
and anger management classes, was attending the Child’s appointments, and
regularly visited the Child. Following the hearing, the Family Court issued a written
decision terminating Father’s parental rights.
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(32) In this appeal from the Family Court’s TPR decision, the Court is
required to consider the facts and the law as well as the inferences drawn and
deductions made by the Family Court.3 We review legal rulings de novo.4 We
conduct a limited review of the factual findings of the trial court to assure that they
are sufficiently supported by the record and are not clearly wrong. 5 If the trial court
has correctly applied the law, then our standard of review is limited to abuse of
discretion. 6
(33) The statutory framework under which the Family Court may terminate
parental rights requires two separate inquiries.7 First, the court must determine
whether the evidence presented meets one of the statutory grounds for termination. 8
Second, if the Family Court finds a statutory basis for termination of parental rights,
the court must determine whether, under 13 Del. C. § 722, severing parental rights
is in the child’s best interests. 9 Both of these requirements must be established by
clear and convincing evidence.10
(34) Here, the Family Court found that DFS proved by clear and convincing
that termination of Father’s parental rights was appropriate because he was unable
3
Wilson v. Div. of Fam. Servs., 988 A.2d 435, 439-40 (Del. 2010).
4
Id. at 440.
5
Id.
6
Id.
7
Shepherd v. Clemens, 752 A.2d 533, 536-37 (Del. 2000).
8
Id. at 537.
9
Id.
10
Powell v. Dep’t of Servs. for Children, Youth and Their Fams., 963 A.2d 724, 731 (Del. 2008).
15
to plan for the Child’s needs, the Child had been in DFS custody for more than one
year, DFS previously had custody of the Child and two of Father’s other children,
and Father had a history of neglecting the Child and his other children. 11 The Family
Court acknowledged that Father had completed most of his case plan but found that
the record showed that his mental health and behavioral issues still prevented him
from meeting the Child’s special needs. The court also determined that DFS had
made reasonable efforts to reunify the family.
(35) Applying the best interests factors, 12 the court found that factors four
(the Child’s adjustment to home, school, and his community), five (the mental and
physical health of all individuals involved), six (Father’s past and present non-
compliance with his rights and responsibilities to the Child), seven (evidence of
domestic violence by Father toward the Child), and eight (Father’s criminal history,
which included a conviction for endangering the welfare of the Child), weighed in
favor of granting the TPR petition. The court found these factors outweighed factor
one (Father’s wishes), which weighed in favor of denying the petition, and factors
two (the Child’s wishes) and three (the Child’s relationship with Father and bonding
11
13 Del. C. § 1103(a)(5)(b), (c), (d).
12
Id. § 1103(a) (providing that parental rights may be terminated if one of several statutory grounds
is established and termination “appears to be in the child’s best interest”); id. § 722 (setting forth
factors that the court may consider when determining the best interests of a child).
16
with his foster mother), which were neutral. The court concluded that termination of
the Father’s parental rights was in the Child’s best interests.
(36) In his points submitted for the Court’s consideration, Father argues that
he satisfied the elements of his case plan, including the mental health component.
He emphasizes that he underwent a mental-health evaluation as required and that Dr.
Brandenburg did not diagnose him with any mental health disorder or opine that he
must undergo therapy. When DFS and the Family Court expected him to pursue
therapy anyway, he did so, even though it was difficult to find a therapist with the
qualifications desired by DFS. Father then underwent counseling with Reddick until
she discharged him through no fault of his own.
(37) In finding that Father failed to complete the mental-health component
of his case plan, the Family Court emphasized that the goal of that element was to
ensure that Father’s mental-health status and coping skills helped him create a safe
environment for the Child. The record supports the Family Court’s conclusion that
this goal was unmet. By the time the Child left the Father’s care in 2024, there was
a history of the Child suffering abuse and neglect as well as not receiving available
services for his autism. Father pleaded guilty to endangering the welfare of the Child
as result of the family’s poor living conditions in 2020, which included zip ties to
keep the Child in his bedroom.
17
(38) At the time of Dr. Brandenburg’s evaluation of Father’s mental health
in 2024, Father did not take any responsibility for the Child being in DFS custody.
He blamed others for what had happened and continued to blame others, including
the Paternal Grandmother, Carter, and DFS, throughout the Family Court
proceedings. Although Father obtained a mental health evaluation, underwent
counseling, and completed parenting classes, he continued to display behaviors that
threatened the Child’s safety. During Randall’s observation of one of Father’s visits
with the Child in 2025, the Child hurt himself after Father left him standing on a
swing and walked away. When the Child fell on his face and cried, Father was
dismissive of the Child’s pain. Father became belligerent when the family
interventionist raised safety concerns and suggestions to improve Father’s parenting
skills. Father could not meet the Child’s special needs, and his inability to accept
responsibility for his actions and change his behavior put the Child at risk. The
Family Court did not err in concluding that DFS proved a statutory basis for
termination of Father’s parental rights by clear and convincing evidence. Nor did
the Family Court err in finding that termination of Father’s parental rights was in the
Child’s best interests
(39) Having carefully reviewed the parties’ positions and the record on
appeal, we find that the Family Court’s factual findings are supported by the record,
and we can discern no error in the court’s application of the law to the facts. We
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therefore conclude that Father’s appeal is wholly without merit and devoid of any
arguably appealable issues. We are satisfied that Father’s counsel made a
conscientious effort to examine the record and the law and properly determined that
Father could not raise a meritorious claim in this appeal.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Family
Court be AFFIRMED. Counsel’s motion to withdraw is moot.
BY THE COURT:
/s/ Gary F. Traynor
Justice
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