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Foster parents can petition for guardianship of children placed in their care.


Foster parents who have cared for a child most of his or her life can petition for guardianship, the Delaware Supreme Court The Supreme Court of Delaware is the sole appellate court in the United States' state of Delaware. Because Delaware is a popular haven for corporations, the Court has developed a worldwide reputation as a respected source of corporate law decisions, particularly in the area of  has ruled. (Division of Family Services v. Harrison Harrison, town (1990 pop. 13,425), Hudson co., NE N.J., an industrial suburb on the Passaic River opposite Newark; inc. 1869. The town has several foundries. Its manufactures include plastics, paperboard, and metal products. , Nos. CN95-07233, CN93-11131, 1999 WL 989094 (Del. Oct. 28, 1999).)

The state Division of Family Services placed David Harrison David Harrison may refer to:
  • David Howard Harrison (1843–1905), Premier of British Columbia, Canada
  • David Harrison (basketball) (born 1982), American
  • David Harrison (cricketer) (born 1981), Welsh-English
 with foster parents Bryce and Laurissa Butler when he was four months old. About two years later, the agency initiated a gradual reunification re·u·ni·fy  
tr.v. re·u·ni·fied, re·u·ni·fy·ing, re·u·ni·fies
To cause (a group, party, state, or sect) to become unified again after being divided.
 program for David and his biological father, Ralph. The trial court stayed the Butlers' petition for guardianship to give Ralph an opportunity to show that he could adequately care for his son. About a year later, the court granted the Butlers' petition, finding David's well-being would be threatened if he were returned to Ralph's custody.

On appeal, the Division of Family Services argued that the trial court erred in granting the Butlers guardianship on the ground that foster parents do not have standing to seek or contest custody awards for foster children without the agency's consent. Rejecting this argument, the high court cited case law granting foster parents standing to bring custody actions against natural parents and the Division of Family Services.

Noting that the issue of standing to petition for guardianship was a matter of first impression, the court emphasized that the Butlers are not seeking to intervene intervene v. to obtain the court's permission to enter into a lawsuit which has already started between other parties and to file a complaint stating the basis for a claim in the existing lawsuit.  in a case where their interests already are represented adequately.

Instead, the court said that the Butlers' interests are adverse to both the Division of Family Services and David's biological father and therefore should be represented. Further, the court found that the Butlers have an expectation of permanency per·ma·nen·cy  
n.
Permanence: tourists who were in awe of the permanency of the great pyramids of Egypt.

Noun 1.
 because David has never been returned to Ralph's custody.

The court wrote, "Having cared for David for most of his life, the Butlers enjoy a legally protected interest, distinguishable from others having an interest, in petitioning for guardianship of David." The court concluded that the Butlers are entitled en·ti·tle  
tr.v. en·ti·tled, en·ti·tling, en·ti·tles
1. To give a name or title to.

2. To furnish with a right or claim to something:
 to pursue their petition.
COPYRIGHT 2000 American Association for Justice
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Title Annotation:Delaware
Author:Levy, Stephanie
Publication:Trial
Geographic Code:1U5DE
Date:Feb 1, 2000
Words:321
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