Delaware General Assembly

Signed 6/16/09

The General Assembly has ended, the current status is the final status.

4/1/09

M. Smith

Sen. Blevins

Reps. Barbieri, Schooley, J. Johnson, Keeley, Oberle, B. Short
Sen. Sorenson

AN ACT TO AMEND TITLES 10, 13 AND 31 OF THE DELAWARE CODE RELATING TO DSCYF CUSTODY AND THIRD PARTY VISITATION.

This bill modifies some of the existing provisions in the Delaware Code relating to custody and third party visitation of children. This bill also creates two new chapters in Title 13 of the Delaware Code, which are designed to be more user-friendly chapters relating to custody and third party visitation of children. Section 1 of the bill slightly broadens the definition of “relative” to include great-grandparents, grand aunts or uncles and half brothers and sisters. Section 2 clarifies that, in addition to children alleged to be dependent or neglected, the Family Court also has original civil jurisdiction over children who are alleged to be abused. Section 3 removes the grandparent visitation statute from Title 10 since it will now be governed by the new Chapter 24 of Title 13. Section 4 removes the grounds for non-parents obtaining custody of children from Chapter 7 since the new Chapter 25 of Title 13 will now govern how and when the Department of Services for Children, Youth and their Families (“DSCYF”) may obtain custody of children. Section 5 ensures that Section 724 of Title 13 pertaining to interviewing of children in civil matters applies to all proceedings in Title 13 as well as to proceedings in Title 9 of Chapter 16. Sections 6 and 7 remove references to persons other than parents obtaining visitation with children as this will now be governed by Chapter 24. Section 8 inserts into the adoption statute the ability of DSCYF to provide adoption subsidies (which DSCYF currently provides in accordance with federal law) since Section 11 of this bill removes that language from Section 304 of Title 31. Section 9 creates the first new chapter, Chapter 24, which addresses the rights of third parties to obtain visitation with a child, including sibling visitation. Chapter 24 includes provisions governing who can file for visitation with a child (limiting it to relatives or persons who have had a substantial and positive prior relationship with the child) and limiting a parent whose parental rights have been terminated from filing for visitation except under limited circumstances. Section 10 creates the second new chapter, Chapter 25. This Chapter codifies the means by which DSCYF obtains custody of children and clarifies the rights and duties relating to DSCYF custody issues. This Chapter does not change the grounds for removal of a child or the rights and duties of a parent while their child is in DSCYF custody, nor does it change the duties and powers of DSCYF while having custody of the child. This Chapter consolidates the existing duties as set forth in case law, and state and federal law, practice and procedure.

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Takes effect upon being signed into law

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