Title 13, Domestic Relations

§ 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;

§ 2401. Intent and purpose. (a) The General Assembly hereby declares that there is a need for a clear statutory framework for the proper procedures and requirements for visitation between children and persons other than their parents. The General Assembly further declares that, w…

§ 2402. Definitions. For the purposes of this chapter, unless the context indicates differently: (1) “Abuse” or “abused child” is as defined in § 901 of Title 10. (2) “Adult” is as defined in § 901 of Title 10. (3) “Best interests” is determined in accordance with § 722 of this t…

§ 2403. Jurisdiction and venue. (a) The Family Court shall have jurisdiction over proceedings under this chapter to grant, modify and/or terminate third-party visitation orders. (b) A petition for third-party visitation under this chapter may be filed in the Family Court of any o…

§ 2404. Hearing procedure and notice requirements. (a) When a petition is filed under this chapter, the Court shall set a date for a hearing on the petition, and shall cause notice of time, place and purpose of the hearing to be served as required in this section. (b) Notice of t…

§ 2405. Sanctions. The Court may impose such sanctions or remedies as the Court deems just and proper to ensure compliance with orders entered pursuant to this chapter, including but not limited to: (1) Extra visitation or contact with the child when it is in the child’s best int…

§ 2406. Confidentiality of proceedings. All proceedings under this chapter and all records of such proceedings shall be held before the Court privately, except for reasons found sufficient to the Court, a hearing in any particular case may be made open to the public.77 Del. Laws,…

§ 2407. Appeals. Appeal from any order or decree entered under this chapter shall lie to the state Supreme Court. No appeal shall lie from any order or decree under this chapter unless taken within 30 days from the date of such order or decree.77 Del. Laws, c. 43, § 9;

§ 2410. Persons eligible to petition for third-party visitation. (a) Unless otherwise specified in this chapter, any adult person or persons may file a petition for a third-party visitation order regarding a child not that adult person’s or persons’ own against the child’s guardi…

§ 2411. Contents of third-party visitation petition. Every petition for third-party visitation with a child filed under this chapter shall be verified and contain: (1) Name and place of residence of the petitioner or petitioners; (2) Name, sex, and date of birth of the child; (3)…

§ 2412. Grounds for persons obtaining third-party visitation with a child. (a) Prior to granting a third-party visitation order the Court shall, find after a hearing on the merits, or accept the agreement of the parties that: (1) Third-party visitation is in the child’s best inte…

§ 2413. Modification of orders granting third-party visitation. An order granting third-party visitation may be modified at any time if the best interests of any child subject to the order would be served by modification.77 Del. Laws, c. 43, § 9;

§ 2501. Intent and purpose. (a) The General Assembly hereby declares that there is a need for a clear statutory framework for the proper procedures and requirements for when the Department of Services for Children, Youth and Their Families [DSCYF] is granted custody of a dependen…

§ 2502. Definitions. For the purposes of this chapter, unless the context indicates differently: (1) “Abuse” or “abused child” is as defined in § 901 of Title 10. (2) “Adult” is as defined in § 901 of Title 10. (3) “Best interests” is determined in accordance with § 722 of this t…

§ 2503. Jurisdiction and venue. (a) The Family Court shall have jurisdiction over proceedings under this chapter to grant, modify and/or terminate DSCYF custody orders. (b) A petition for DSCYF custody under this chapter may be filed in the Family Court of any of the following co…

§ 2504. Hearing procedure and notice requirements. (a) When a petition is filed under this chapter, the Court shall set a date for a hearing on the petition, and shall cause notice of time, place, and purpose of the hearing to be served as required in this section. (b) Notice of …

§ 2505. Sanctions. The Court may impose such sanctions or remedies as the Court deems just and proper to ensure compliance with this chapter, including but not limited to: (1) Extra visitation or contact with the child when it is in the child’s best interest to do so; (2) The pay…

§ 2506. Confidentiality of proceedings. All proceedings under this chapter and all records of such proceedings shall be held before the Court privately, except for reasons found sufficient to the Court, a hearing in any particular case may be made open to the public.77 Del. Laws,…

§ 2507. Appeals. Appeal from any order or decree entered under this chapter shall lie to the state Supreme Court. No appeal shall lie from any order or decree under this chapter unless taken within 30 days from the date of such order or decree.77 Del. Laws, c. 43, § 10;

§ 2510. Applicability. The provisions of this subchapter shall apply exclusively to the DSCYF when seeking and/or obtaining custody of a child on the basis of dependency, neglect or abuse. This subchapter shall not be construed as preventing DSCYF from obtaining or seeking guardi…

§ 2511. Contents of DSCYF petition for custody. (a) The petition for DSCYF custody shall state: (1) Name and address of the petitioning agency; (2) Name, sex, date of birth of the child and, if known, the child’s school of origin; (3) The name and address of the parents, alleged …