Timothy Harris was the father of two children. In 2013, the Department of Services for Children, Youth and Their Families ("DCSF") sought and obtained custody of the children. Then, in 2014, DCSF filed a petition to terminate his parental rights. When Mr. Harris appeared in the Family Court for the termination hearing he submitted a written consent to the termination of his parental rights. The Family Court conducted a colloquy on the record to make sure that Mr. Harris was making his decision voluntarily and to ensure that he understood the effect of his decision. The consent offered by Mr. Harris was accepted by the Family Court.
In his appeal, Mr. Harris took an interesting approach. He did not challenge the termination of his parental rights. Rather, Mr. Harris argued that he should have "some form of visitation and open adoption." Harris v. DCSF et al., No. 43, 2015, *5 (Sept. 10, 2015).
The Supreme Court affirmed the trial court's decision, finding Mr. Harris's contention to be "without merit, and his request [] unavailing." The Court noted that Mr. Harris, a Tier II registered sex offender, is on probation. Pursuant to his criminal sentence, and as a condition of his probation, Mr. Harris is not permitted to have contact with children – including his own. In addition, the Court concluded that when parental rights are terminated, "'the rights, duties, privileges and obligations' between the person whose parental rights are terminated and the child 'cease to exist.'" Id. at 6.
The decision may be read in its entirety here.
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