Doe v. Delaware

Background

A half brother and sister are the natural parents of five children who were placed in Delaware state custody and later targeted for adoption. The Division of Social Services sued under Delaware law to terminate the parents’ rights. The Superior Court ordered termination, the Delaware Supreme Court affirmed, and the parents appealed to this Court, arguing the state statute and termination order violated the U.S. Constitution.

Reasoning

The parents raised three federal claims: that the statute’s “not fitted” standard is unconstitutionally vague, that termination requires a higher burden of proof than a simple preponderance of the evidence, and that termination needs specific findings showing harm to the children. The Court issued a one-sentence per curiam order dismissing the appeal “for want of a properly presented federal question,” which leaves the Delaware termination order in force. Two Justices dissented: Justice Brennan would have vacated and remanded because of changed facts and a revised Delaware statute, and Justice Stevens would have decided the important standard-of-proof question first and then remanded.

Real world impact

Because the appeal was dismissed, the termination order remains effective and the parents currently lack a federal route to press their constitutional claims. The record shows the parents have not seen the children since 1975, the children now live in separate placements, and Delaware amended its termination statute in 1980, changing the statutory grounds for termination. Those factual and statutory changes could prompt further state proceedings.

Dissents or concurrances

Justice Brennan argued for vacating and remanding to let the state courts reconsider under the changed facts and new statute. Justice Stevens urged this Court to resolve whether a higher standard of proof is required before remanding. Both dissents stress the significant family and constitutional stakes.