Title 13, Domestic Relations

§ 2321. Consent by parent. Unless otherwise provided by this chapter, the parent or parents may voluntarily consent to the guardianship. Notwithstanding such consent, a reason for establishing the guardianship shall be provided.73 Del. Laws, c. 150, § 1; 84 Del. Laws, c. 128, § 3…

§ 2322. Contents of petition. Every petition for guardianship of a child filed under this chapter shall contain: (1) Name and place of residence of the petitioner or petitioners; (2) Name, sex, date of birth and place of birth of the child; (3) Relationship of the petitioner or p…

§ 2323. Religious affiliation [Repealed].73 Del. Laws, c. 150, § 1; 70 Del. Laws, c. 186, § 1; repealed by 79 Del. Laws, c. 246, § 1, eff. June 10, 2014.;

§ 2324. Social study and report. (a) The Court, in its discretion, may order a social study and report (hereinafter “social report” ) for any petition filed under this chapter. The social report, if ordered, shall be prepared by a “licensed agency,” as defined in § 1101 of this t…

§ 2324A. Assessment. (a) DSCYF or a “licensed agency,” as defined in § 1101 of this title, shall conduct an assessment of any person who is the proposed guardian and who is not a “relative,” as defined in § 2302 of this title. (b) Notwithstanding subsection (a) of this section, t…

§ 2325. Hearing procedure and notice requirements. (a) When a guardianship petition is filed, the petition shall be served upon the parent or parents, person or persons or organization holding parental rights at the respondent’s last known address. (b) If the Court finds that per…

§ 2326. Decision within 45 days. The Court shall issue a decision and order on a petition for guardianship under this chapter within 45 days following the conclusion of the proceedings, or if no hearing is necessary, within 45 days of the petition and social report, if applicable…

§ 2327. Confidentiality of proceedings. All proceedings under this chapter shall be held before the Court privately, but for reasons appearing sufficient to the Court, the hearing may be public.73 Del. Laws, c. 150, § 1; 84 Del. Laws, c. 128, § 8;

§ 2328. Appeals. The petitioner, if the petition is not granted, or any person or organization who does not prevail in a petition for guardianship under this chapter, may, within 30 days after the entry of an order by the Court, take an appeal therefrom to the Supreme Court.73 De…

§ 2330. Grounds for guardianship of the child. (a) Before granting an order for guardianship under this chapter, when parental rights are vested in 1 or more parents, the Court shall find for each parent holding parental rights 1 of the following: (1) The parent voluntarily conse…

§ 2331. Duties and rights of parents. (a) While a guardianship is in effect, the parent shall have the following rights: (1) Visitation, contact and information, to the extent delineated in the guardianship order issued by the Court. A parent may petition the Court for specific e…

§ 2332. Termination, modification or rescission of guardianship order. (a) Termination. — Except as otherwise specified in this chapter, guardianship of a child terminates: (1) Upon the guardian’s death; (2) Upon adoption of the child; (3) When the child reaches the age of majori…

§ 2333. Subsidies. (a) DSCYF, in its discretion, may award subsidy moneys to guardians of the child where the Court finds: (1) The grounds for guardianship have been met as set forth in this chapter; and (2) The child was in the custody of DSCYF for a period of at least 1 year. (…

§ 2340. Powers and duties of the guardian of the child. (a) The Court shall grant to the guardian of the child such powers, rights and duties which are necessary to protect, manage and care for the child. (b) The guardian of the child may exercise the same powers, rights and duti…

§ 2350. Intent. Permanent guardianship models the requirements of “legal guardianship” under the Adoption and Safe Families Act of 1997, Public Law 105-89, § 101(b), 42 U.S.C., § 675(7). Permanent guardianship is intended to create a relationship between a child and caretaker whi…

§ 2351. Eligibility to serve as permanent guardian; eligibility to petition for permanent guardianship. A relative, foster parent, guardian, or an individual with whom a child in DSCYF custody is placed may serve as permanent guardian of a child and may petition the Family Court …

§ 2352. Contents of petition for permanent guardianship. A petition for permanent guardianship shall contain all of the information required by § 2322 of this title, and all of the following information: (1) The grounds for the granting of an order of permanent guardianship. (2) …

§ 2353. Standard for permanent guardianship. (a) The Court shall grant a permanent guardianship if it finds by clear and convincing evidence all of the following: (1) One of the statutory grounds for termination of parental rights as set forth in § 1103(a) of this title has been …

§ 2354. Social report. A social report covering the factors enumerated in § 2353 of this title shall be prepared by a licensed child-placing agency retained by the petitioner and provided to the Court no later than 1 week prior to trial.73 Del. Laws, c. 150, § 1;

§ 2355. Permanent guardianship hearing procedures and notice requirements. The provisions of § 1107 of this title shall apply to hearings on permanent guardianship petitions, with references to termination of parental rights being replaced by reference to permanent guardianship w…

§ 2356. Order granting permanent guardianship. (a) The Court shall issue an order regarding permanent guardianship within 45 days of 1 of the following: (1) The final day of trial. (2) The filing of the petition and social report in cases based upon the consent of all parties. (b…

§ 2357. Powers and duties of the permanent guardian. A permanent guardian shall have the same powers and duties as set forth in § 2340 of this title.73 Del. Laws, c. 150, § 1;

§ 2358. Duties and rights of parents. (a) While a permanent guardianship is in effect, the parent shall have the following rights: (1) Visitation, contact and information, to the extent delineated in the permanent guardianship order issued by the Court. A parent may petition the …

§ 2359. Termination, modification or rescission of permanent guardianship order. (a) Termination. — Except as otherwise specified in this chapter, permanent guardianship of a child terminates upon at least 1 of the following conditions: (1) The permanent guardian’s death. (2) Ado…

§ 2361. Legislative intent, findings and purpose. The General Assembly hereby declares that there is a need to create an expeditious manner of establishing a guardianship known as standby guardianship, in order to enable a parent, custodian, or guardian suffering from a progressi…

§ 2362. Definitions. In addition to the definitions provided for in this chapter, as used in this subchapter: (1) “Appointed standby guardian” means a person appointed pursuant to this subchapter to assume the powers and duties of guardianship of a child upon the death or determi…

§ 2363. Jurisdiction and venue. (a) The Family Court shall have jurisdiction over proceedings under this chapter to grant, modify and/or terminate standby guardianship. (b) A petition for standby guardianship under this chapter may be filed in the Family Court of any of the follo…

§ 2364. Hearing procedure and notice requirements. The procedure and notice requirements set forth in § 2325 of this title shall apply. However, upon motion and good cause shown, the parent, custodian or guardian who has become incapacitated or debilitated need not personally app…

§ 2365. Persons eligible to petition for guardianship. Any parent, custodian or guardian may petition the Family Court for a standby guardianship order regarding a child for whom they have been given legal responsibility.76 Del. Laws, c. 222, § 1;

§ 2366. Contents of standby guardianship petition. A petition for standby guardianship shall contain all of the information required by § 2322 of this title, as well as the following information: (1) Name and address of the custodian or guardian of the child, if not otherwise pro…

§ 2367. Grounds for standby guardianship. (a) Where the parent is the person suffering from a progressive chronic condition or terminal illness, prior to granting an order for standby guardianship, the Court shall find that the standby guardianship is in the child’s best interest…

§ 2368. Occurrence of event triggering appointment of standby guardian; confirmation petition. (a) Upon the occurrence of a triggering event set forth in an order appointing a standby guardian, the appointed standby guardian shall be empowered to assume the standby guardian dutie…

§ 2369. Powers and duties of the standby guardian of the child. Except as modified by order of the Court, the standby guardian shall have the same powers and duties as enumerated in § 2340 of this title.76 Del. Laws, c. 222, § 1;

§ 2370. Termination or modification. Except as modified by order of the Court, standby guardianship shall be terminated or modified as enumerated under § 2332 of this title.76 Del. Laws, c. 222, § 1;

§ 2371. Appointment of standby guardian as permanent guardian. Except as modified by order of the Court, should the standby guardian wish to be appointed as the permanent guardian of the child, permanent guardianship shall be determined under §§ 2350-2359 of this title.76 Del. La…

§ 2372. Subsidies. Except as modified by order of the Court, DSCYF shall have the power and authority to award subsidy money to the standby guardian as determined under § 2333 of this title.76 Del. Laws, c. 222, § 1; 79 Del. Laws, c. 246, § 1;