There can be no doubt that the Family Court deals with difficult situations on a daily basis. The recent case of Hunt and Land v. Division of Family Services and Office of the Child Advocate, No. 439/449, 2015 (Sept. 16, 2015) addresses what is possibly the most difficult issue heard by that tribunal. This expedited appeal was filed by David Hunt and Carey Land, the parents of Adam Hunt, born February 19, 2015. In this tragic case, the facts of which are set forth in detail in the decision, Mr. Hunt and Ms. Land challenged the Family Court’s jurisdiction and authority to hear and grant the Motion Instructing Medical Providers of Adam Hunt to De-Escalate Medial Intervention and Place a Do Not Re-Intubate Order and a Do Not Resuscitate Order, Along with an Order for Comfort Measures on Adam’s Medical Chart, which was filed by Adam’s attorney guardian ad litem. Specifically, they raised the following four questions on appeal:

First, does the Delaware Family Court have jurisdiction to de-escalate medical care, decide whether or not life support measures can be ceased, and place a “Do Not Resuscitate” (“DNR”) and “Do Not Re-Intubate” order on a minor child’s chart? Second, does the Family Court have authority to de-escalate medical care, decide whether or not life support measures can be ceased, and place a DNR order and “Do Not Re-Intubate” order on a minor child’s chart, where that minor child’s parents’ rights have not been terminated, and where the parents have objected to such an order? Third, did the Family Court violate the parents’ procedural due process rights by not providing the parents with adequate notice and process prior to entering its order? Fourth, did the Family Court violate the parents’ due process rights, or otherwise err, in rendering its decision without receiving evidence from an independent expert in the medical field? Id. at 3.

The Supreme Court affirmed the Family Court’s authority and decision. The full decision may be found here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.