The Family Court of the State of Delaware

Del. Code tit. 10, ch. 9
in effect

Del. Code tit. 10, § 901 Definitions.

For the purpose of this chapter, unless the context indicates differently: (1) “Abuse” or “abused child” means that a person: a. Causes or inflicts sexual abuse on a child; or b. Has care, custody or control of a child, and causes or inflicts: 1. Physical injury through unjustified force as defined in § 468 of Title 11; 2. Emotional abuse; 3. Torture; 4. Exploitation; or 5. Maltreatment or mistreatment. (2) “Adult” means a person who has reached that person’s eighteenth birthday. (3) “Care, custody and control” or “those responsible for care, custody and control” shall mean a person or persons in a position of trust, authority, supervision or control over a child. It may include: a. A parent, guardian, or custodian; b. Other members of the child’s family or household, meaning persons living together permanently or temporarily without regard to whether they are related to each other and without regard to the length of time or continuity of such residence, and it may include persons who previously lived in the household such as paramours of a member of the child’s household; c. Any person who, regardless of whether a member of the child’s household, is defined as family or relatives in this section or as an adult individual defined in § 351 [repealed] of Title 31; d. Persons temporarily responsible for the child’s well-being or care such as a health-care provider, aide, teacher, instructor, coach, sitter, day care or child care provider, or any other person having regular direct contact with children through affiliation with a school, church, or religious institution, health-care facility, athletic or charitable organization or any other organization whether such a person is compensated or acting as a volunteer; or e. Any person who has assumed control of or responsibility for the child. For the purpose of investigation of child abuse, dependency or neglect, the Department of Services for Children and Their Families (DSCYF) may investigate any allegation of child abuse, dependency or neglect committed by persons identified herein, but shall only be responsible for the investigation of intrafamilial and institutional child abuse, dependency or neglect. Where the DSCYF is not responsible for the investigation of such child abuse or neglect, it shall immediately refer such report to the appropriate police authorities or child protective services agencies within or without the State. (4) “Child” means a person who has not reached that person’s eighteenth birthday. (5) “Court” means the Family Court of the State of Delaware, and “court” refers to other courts of the State. (6) “Custodian” means any person who is charged by law with or who has assumed responsibility for a child’s care. (7) “Delinquent child” means a child who commits an act which if committed by an adult would constitute a crime. (8) “Dependency” or “dependent child” means that a person: a. Is responsible for the care, custody, or control of the child; and b. Does not have the ability or financial means to provide for the care of the child; and 1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health care, medical care or other care necessary for the child’s emotional, physical or mental health, or safety and general well-being; or 2. The child is living in the home of an “adult individual” who fails to meet the definition of “relative” in this section on an extended basis without an assessment by DSCYF, or an agency licensed by the Department of Education, Office of Child Care Licensing; or 3. The child has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan. In making a finding of dependency under this section, consideration may be given to dependency, neglect, or abuse history of any party. (9) “DSCYF” or “Department” means the Department of Services for Children, Youth and Their Families. (10) “Emotional abuse” means threats to inflict undue physical or emotional harm, and/or chronic or recurring incidents of ridiculing, demeaning, making derogatory remarks or cursing. (11) “Exploitation” means taking advantage of a child for unlawful or unjustifiable personal or sexual gain. (12) “Family” means spouses; a couple cohabitating in a home in which there is a child of either or both; custodian and child; or any group of persons related by blood or marriage who are residing in 1 home under 1 head or where 1 is related to the other by any of the following degrees of relationship: a. Parent. b. Parent-in-law. c. Sibling. d. Sibling-in-law. e. Child. f. Child-in-law. g. Grandparent. h. Grandchild. i. Stepparent. j. Stepchild. The relationships referred to in this definition include blood relationships without regard to legitimacy and relationships by adoption. (13) “Institutional child abuse or neglect” means child abuse or neglect which has occurred to a child in the DSCYF’s custody or occurred in a facility, center, or home that is operated or contracted by the DSCYF, or licensed by the Department of Education, Office of Child Care Licensing. (14) “Intrafamilial child abuse or neglect” is any child abuse or neglect committed by: a. A parent, guardian, or custodian; b. Other members of the child’s family or household, meaning persons living together permanently or temporarily without regard to whether they are related to each other and without regard to the length of time or continuity of such residence, and it may include persons who previously lived in the household such as paramours of a member of the child’s household; c. Any person who, regardless of whether a member of the child’s household, is defined as family or a relative in this section or as an adult individual as defined in § 351 [repealed] of Title 31. (15) “Law” means the common law and statutes of this State, the laws of any subdivision thereof, and regulations promulgated by a governmental agency having the force and effect of law. (16) “Mistreatment” or “maltreatment” are behaviors that inflict unnecessary or unjustifiable pain or suffering on a child without causing physical injury. Behaviors included will consist of actions and omissions, ones that are intentional and ones that are unintentional. (17) “Necessary care” means a type and degree of personalized attention that will tend to advance a child’s physical, mental, emotional, moral and general well-being. (18) “Neglect” or “neglected child” means that a person: a. Is responsible for the care, custody, and/or control of the child; and b. Has the ability and financial means to provide for the care of the child; and 1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health, medical or other care necessary for the child’s emotional, physical, or mental health, or safety and general well-being; or 2. Chronically and severely abuses alcohol or a controlled substance, is not active in treatment for such abuse, and the abuse threatens the child’s ability to receive care necessary for that child’s safety and general well-being; or 3. Fails to provide necessary supervision appropriate for a child when the child is unable to care for that child’s own basic needs or safety, after considering such factors as the child’s age, mental ability, physical condition, the length of the caretaker’s absence, and the context of the child’s environment. In making a finding of neglect under this section, consideration may be given to dependency, neglect, or abuse history of any party. (19) “Nonamenable child” means any child who is not amenable to the rehabilitative processes of the Family Court. (20) “Relative” means any person within the immediate family, and any grandparent, uncle, aunt, first cousin, great-grandparent, grandaunt or granduncle, half brother or half sister. (21) “Sexual abuse” means any act against a child that is described as a sex offense in § 761(i) of Title 11. (22) “Truancy” or “truant” shall refer to a pupil enrolled in grades kindergarten through 12 inclusive who has been absent from school without valid excuse, as defined in rules and regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14, or in the case of a pupil enrolled in a charter school, by the board of directors of the charter school, with the approval of the State Board of Education, for more than 3 days or the equivalent thereof during a given school year.

Del. Code tit. 10, § 902 Purpose; construction.

(a) In the firm belief that compliance with the law by the individual and preservation of the family as a unit are fundamental to the maintenance of a stable, democratic society, the General Assembly intends by enactment of this chapter that 1 court shall have original statewide civil and criminal jurisdiction over family and child matters and offenses as set forth herein. The court shall endeavor to provide for each person coming under its jurisdiction such control, care, and treatment as will best serve the interests of the public, the family, and the offender, to the end that the home will, if possible, remain unbroken and the family members will recognize and discharge their legal and moral responsibilities to the public and to one another. (b) This chapter shall be liberally construed that these purposes may be realized.

Del. Code tit. 10, § 903 Court of record; name; subtitles.

This Court shall be a court of record and shall be known as “the Family Court of the State of Delaware.” It may be briefly cited as “the Family Court.” Its offices, forms, and processes in New Castle County shall be subtitled “for New Castle County,” in Kent County “for Kent County,” and in Sussex County “for Sussex County.”

Del. Code tit. 10, § 904 State to provide Court facilities.

The State shall provide for the Court at the county seat in each county and in such other places as may be designated by the Chief Judge, adequate quarters properly furnished, consistent with the dignity of and suitable for the purposes of the Court.

Del. Code tit. 10, § 905 Budget; payment of salaries and expenses.

The Court shall operate financially in accordance with its budget as enacted by the General Assembly and within this limit the Secretary of Finance shall pay the Court’s salaries and expenses upon the warrant of the Administrator or an assistant administrator countersigned by the Chief Judge, if available, or, if not, by any Judge.

Del. Code tit. 10, § 906 Judges; selection; designation; qualifications; terms; vacancies; salaries.

(a) The Judges of the Family Court of the State in and for New Castle County and of the Family Court for Kent and Sussex Counties shall continue to serve as Judges of this Court for the remainders of their present terms. The enactment of this chapter ratifies their respective appointments and confirmations as Judges of this Court with statewide jurisdiction. All further appointments of Judges of this Court from time to time hereafter shall be made by the Governor, by and with the consent of a majority of all the members elected to the Senate. Appointments, including appointments to fill vacancies which may occur during a term, shall be for a term of 12 years. (b) The Court shall be composed of 19 Judges of equal judicial authority. One Judge shall be the Chief Judge. No more than a majority of 1 Judge shall be members of the same political party. (c) Appointees shall be duly admitted to the practice of law before the Supreme Court of this State for a period not less than 5 years prior to their appointment and shall be selected because of their knowledge of the law and interest in and understanding of family and child problems. They shall not practice law during their tenure and may be reappointed. (d) One of the Judges shall be designated by the Governor as Chief Judge to hold office during the term of that Judge’s appointment. (e) All of the Judges shall be residents of the State for a period of 5 years immediately prior to their appointment. The Chief Judge may reside in any county of the State. After appointment, 10 of the Judges shall reside in New Castle County, 4 Judges shall reside in Kent County, and 4 Judges shall reside in Sussex County. (f) The Chief Judge and each of the Judges of the Family Court shall receive such compensation as shall be provided by law.

Del. Code tit. 10, § 907 Administrative powers and duties of the Court.

The Court shall hold meetings when and where called by the Chief Judge or, in the Chief Judge’s absence, by the senior Judge on duty, but in no event less often than semiannually. By vote of a majority of its members it shall: (1) Adopt a seal. (2) Establish a uniform schedule of deposits, costs, and service fees. (3) Provide for the safeguarding of the Court’s records. (4) Require employee bonds as shall seem proper. (5) Make and publish Court rules governing policies, processes, practices, and procedures, which shall be uniform throughout the State. (6) Publish annual reports of the Court’s activities, findings, and recommendations.

Del. Code tit. 10, § 908 Chief Judge; powers; duties.

The Chief Judge, or in the Chief Judge’s absence the senior Judge on duty, shall: (1) Be the Chief Executive Officer of the Court and preside at meetings thereof. (2) Prepare and present to the Director of the Office of Management and Budget and the General Assembly the estimated budget of the Court for the ensuing fiscal year. (3) Assign Judges to the several Courts. (4) Approve the travel and other expenses incurred by the Judges and all employees in the performance of their duties. (5) Establish, when necessary, a Judge’s vacation schedule. (6) [Repealed.] (7) Establish a procedure for the assignment of cases to the Judges. (8) Provide for payment of the Court’s expenses. (9) Appoint and remove at the judge’s pleasure peace officers who shall be selected from among the employees of the Court and who, while so appointed shall have such powers normally incident to peace officers, including but not limited to, the power to make arrests in a criminal cases, provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions.

Del. Code tit. 10, § 909 Administrator; qualifications; duties.

There shall be an Administrator who shall possess an earned bachelor’s degree and who shall have 3 years of supervisory experience in either governmental or private business administration or its equivalent. Under the Chief Judge’s supervision, he or she shall: (1) Be secretary to the Court in matters that pertain to the business administration of the Court. (2) With the Director of Treatment Services, integrate into 1 harmonious whole the judicial, social, legal, clerical and administrative services of the Court. (3) Submit to the Court a proposed budget for the ensuing fiscal year showing the total number of employees needed, classifications of employees and proposed salaries, and other anticipated expenses of the Court. (4) Prepare the vouchers for salaries and expenses of the Court, which shall be signed by the Administrator and countersigned by the Chief Judge, or in the Chief Judge’s absence, by any Judge, and forward them to the Secretary of Finance for payment. (5) Prepare and keep current an inventory of the Court’s capital assets. (6) Regularly and frequently visit the Court in each county. (7) Perform all duties prescribed by the Chief Judge.

Del. Code tit. 10, § 910 Director of Treatment Services; qualification; duties.

There shall be a Director of Treatment Services who shall possess an earned postgraduate degree in either criminology, and/or corrections, sociology, psychology, social work, or social sciences; and shall have had experience in administration and counseling in a judicial or correctional agency. Under the Chief Judge’s supervision, the Director shall: (1) Be secretary to the Court in matters that pertain to the Court’s counseling services; (2) Direct the Court’s counseling services and personnel; (3) With the Administrator, integrate into 1 harmonious whole the judicial, social, legal, clerical and administrative services of the Court; (4) Direct the clerical and stenographic personnel who are assigned to work with the counseling personnel; (5) Develop and maintain a training program for counseling of personnel; (6) Perform all duties prescribed by the Chief Judge.

Del. Code tit. 10, § 911 Supervisors, counselors; qualifications; duties.

There shall be a Chief Supervisor for the Court in each county who shall possess an earned graduate degree in either criminology, and/or corrections, sociology, psychology or social work, and such other supervisors as shall have an earned graduate degree in social work, and such counselors as deemed necessary who shall possess earned bachelor’s degrees. Other counselors may be appointed by the Chief Judge who shall possess such qualifications as the Chief Judge shall prescribe. They shall perform such duties as may be assigned to them.

Del. Code tit. 10, § 912 Clerks of Court; appointment; terms of office; bonds; duties.

(a) There shall be a Clerk of Court appointed for the Court in each county and such Deputy Clerks as the Chief Judge deems necessary. (b) The Clerks and Deputy Clerks of the Court shall give bond to the State in the amount of $200,000 for the Clerk and Deputy Clerks of New Castle County and in the amount of $100,000 for the Clerk and Deputy Clerks of Kent and Sussex Counties to execute faithfully their duties while in office. The State shall bear the cost of the bond premiums required hereunder. (c) The Clerk, or, in the Clerk’s absence, the Deputy Clerk, shall have care of the legal records of the Court which the Clerk or Deputy Clerk serves and shall receive all fees, fines, costs, restitution and cash bail arising out of any proceeding in said Court. The Clerk or Deputy Clerk shall administer all necessary oaths, enter the judgments, issue commitments and executions to enforce the same and make up and keep the records of the Court in all cases therein. The Clerk or Deputy Clerk shall issue all process under his or her hand and the seal of the Court, and shall attest the same in the names of the Judges, or any of them, signing the same by the title of office, and shall tax costs. The Clerk or Deputy Clerk may take bail from persons arrested whether or not the Court is in session, subject to revision by a Judge, and shall do all other acts which the Court shall prescribe.

Del. Code tit. 10, § 913 Masters; appointment; duties; review.

(a) The Chief Judge, after consultation with other Judges on the Court, may appoint, commission, set salaries for and discharge Masters in the Court. A Master, at the time of appointment and thereafter, shall be a suitable person who has been a resident of the State for at least 5 years immediately preceding the appointment. The salaries so set shall be a part of the annual budget of the Court and shall reflect the experience and time commitment of the person appointed to such office. (b) The Court as to all cases in a class or type of proceeding designated in the Court Rules, or the Chief Judge as to any individual case or proceeding, may direct that a hearing be held in the first instance by a Judge or Master; except, however, a Master shall not conduct adult bail and juvenile detention hearings or any hearings involving charges against juveniles which are classified as felonies when committed by an adult. The Department of Justice with respect to all other delinquency and adult misdemeanor charges, shall have the discretion, unless it has entered an appearance, whether to participate in delinquency and adult misdemeanor proceedings assigned by the Court to a Master, or, within a reasonable time, to transfer any delinquency or adult misdemeanor matter for consideration by a Judge. (c) Masters shall regulate all of the proceedings in every hearing before them. All proceedings before Masters shall be recorded. Masters shall have full authority to order the issuance of legal process to compel the attendance of necessary parties and witnesses; to administer oaths in the discharge of their official duties; to examine the parties and witnesses; to pass upon all questions of competency of witnesses and admissibility of evidence; to require the production of all books, papers, writings, vouchers and other documents applicable thereto; to grant adjournments and extensions of time; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before them, which they may deem necessary and proper, including appropriate sanctions except incarceration, subject at all times to the revision and control of the Court. (d) (1) At the end of any hearing or within a reasonable time thereafter, a Master shall enter the order in writing which shall announce the result and provide an explanation therefor. Every written order by a Master shall inform all parties that, as provided in this section, there is an absolute right to a review de novo by a Judge and that in the absence of a request within 15 days for de novo review, the written order of a Master shall become enforceable by any legal means. Any party may obtain a review de novo of any Master’s written order by a Judge by filing with the Court a written request therefor within 15 days from the date of a Master’s written order; except, however, there shall be no review by a Judge in contravention of any state or federal constitutional prohibition against double jeopardy. (2) The time period for requesting a review de novo shall not begin to run until the Master has entered the order in writing and Family Court has issued said order to the parties and attorneys. If either party has requested a new trial, reargument, or an alteration or amendment of judgment, the time period for requesting a review de novo shall not begin to run until the Master has ruled on said request in writing and Family Court has issued that ruling to the parties and attorneys. If any order or ruling is sent by mail, an additional 3 days to request a review de novo shall be allowed. (e) Upon request for review de novo, the case shall be placed upon the calendar of the Court and treated for all purposes as if it had not been referred to a Master. Upon review de novo, unless otherwise stipulated by the parties the Court shall not admit evidence that there has been a proceeding before a Master, the nature of the Master’s written order, nor any other matter concerning the conduct or outcome of the Master’s proceeding; except, however, recorded sworn testimony and other evidence admitted at a Master’s hearing may be used as the basis for an interim order of the Court, and generally in the same manner as sworn testimony given at a deposition in the case. (f) A request for a review de novo shall be the sole remedy of any party with respect to a Master’s written order, except for posthearing motions before the Master. A Master’s written order shall become an enforceable judgment of the Court only after the time for requesting a review de novo has expired without any such request. A judgment derived from a Master’s written order shall have the same force and effect as any other judgment of the Court, except that it shall not be subject to appeal. (g) The Court may adopt appropriate and specific rules to effectuate the intent and purpose of these statutory provisions relating to Masters.

Del. Code tit. 10, § 915 Commissioners; appointment; duties; review.

(a) The Governor shall appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Family Court, all of whom shall hold office for a term of 4 years and shall be residents of the State for at least 5 years immediately preceding their appointment. Upon second and subsequent appointments and confirmations, a Commissioner of the Family Court shall hold office for a term of 6 years. An incumbent Commissioner and/or Master of the Family Court may be appointed as a Commissioner, so long as the person is duly admitted to practice before the highest court of any State of the United States. Other appointees shall be duly admitted to practice law before the Supreme Court of this State. The number of Commissioners appointed shall not be less than 5, with at least 1 Commissioner assigned to each county. The salaries of such Commissioners shall be part of the annual budget of the Family Court and shall reflect the educational background and experience of the appointees. (b) Individuals appointed as Commissioners under this section shall take the oath of office or affirmation prescribed in article XIV, § 1 of the Delaware Constitution before they enter upon the duties of their office. (c) The Chief Judge shall assign Commissioners to the several courts and shall establish a procedure for the assignment of cases to the Commissioners. Each Commissioner serving under this chapter shall have: (1) All powers and duties conferred or imposed upon Commissioners by law or by the Rules of Criminal and Civil Procedure for the Family Court; (2) The power to hear any civil case within the jurisdiction of the Family Court, as designated by the Chief Judge; (3) The power to order the issuance of legal process to compel the attendance of necessary parties and witnesses; (4) The power to administer oaths and affirmations, and take acknowledgements, affidavits and depositions; (5) The power to examine the parties and witnesses; to pass upon all questions of competency of witnesses and admissibility of evidence; to require the production of all books, papers, writings, vouchers and other documents applicable thereto; to grant adjournments and extensions of time; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before them, which they may deem necessary and proper, including appropriate sections; (6) The power to conduct juvenile detention hearings and to commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons charged with having violated the law together with material witnesses. A Commissioner shall assess the seriousness of the charge(s), the record, the factors stated in § 1007 of this title and the best interest of the juvenile in order to determine whether the juvenile shall be detained in secure detention or placed in a nonsecure detention alternative or other alternative as stated in § 1007(b) of this title. If a Commissioner places a juvenile in secure detention, the Commissioner shall state on the record the reasons for said detention; (7) The power to conduct adult bail hearings and to commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons who have failed to appear for a prior court hearing, either civil or criminal, or who are charged with having violated the law together with material witnesses and impose conditions pursuant to this chapter; (8) The power to conduct all delinquency and criminal proceedings, including but not limited to, amenability hearings, arraignments, preliminary hearings, case reviews and trials; (9) The power to accept pleas (including, but not limited to, pleas of guilty, not guilty and nolo contendere) to any offense within the jurisdiction of the Family Court and to appoint counsel to represent indigent defendants; (10) The power to enter sentence or disposition for criminal misdemeanors, criminal violations, criminal violation of probation and criminal contempt of court, whether the person has pleaded guilty to or has been convicted of 1 or more of the above offenses or whether the person has been adjudicated delinquent as a result of acts which would constitute such offenses if committed by an adult; (11) The power to enter sentence, including incarceration, for criminal felonies, whether the person has pleaded guilty to or has been convicted of such an offense or whether the person has been adjudicated delinquent as a result of acts which would constitute a felony if committed by an adult; and (12) The power to impose sanctions, including incarceration, for civil contempt. (d) A Commissioner’s order, including emergency ex parte orders, shall be an enforceable order of the Court. (1) Any party, except a party in default of appearance before a Commissioner, may appeal a final order of a Commissioner to a judge of the Court by filing and serving written objections to such order, as provided by rules of the Court, within 30 days from the date of a Commissioner’s order. A judge of the Court shall make a de novo determination of those portions of the Commissioner’s order to which objection is made. A judge of the Court may accept, reject or modify in whole or in part the order of the Commissioner. The judge may also receive further evidence or recommit the matter to the Commissioner with instruction. (2) Any party, except a party in default of appearance before a Commissioner, may appeal an interim order of a Commissioner to a judge of the Court by filing and serving written objections to such order, as provided by rules of the Court, within 30 days from the date of a Commissioner’s order. A judge of the Court may reconsider any interim order of a Commissioner, where it is shown that the Commissioner’s order is based upon findings of fact that are clearly erroneous, contrary to law, or an abuse of discretion. (e) No appeal of a Commissioner’s order shall stay execution of the order unless such stay shall be specifically ordered by a judge of the Court. (f) A Commissioner may be assigned such additional duties by the Chief Judge as are not inconsistent with the Constitution and laws of this State.

Del. Code tit. 10, § 916 Assignment of retired Commissioners to active duty.

(a) Any retired Commissioner may be designated by the Chief Judge, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in any Family Court in the State; provided, however, that the retired Commissioner: (1) Was serving in good standing as a Commissioner at the time of retirement; (2) Assents to such designation; and (3) Is not involved or employed in any position which would create a conflict of interest with the position of Commissioner, including, but not limited to: the private practice of law; the holding of any state office; or employment by the State in any capacity. (b) Any retired Commissioner accepting an active duty designation shall be compensated on a per diem basis on the formula representing 1 / 2 6 0 of the annual salary for a Commissioner. In no event shall the per diem pay for a retired Commissioner exceed the maximum per diem pay for retired judges as provided in § 5610(b) of Title 29, nor shall the total annual compensation of the retired Commissioner equal or exceed the current annual salary for a Commissioner. Each retired Commissioner serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Judge. (c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, or from other Court funds approved to be expended for this purpose.

Del. Code tit. 10, § 917 Law clerks.

Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Family Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.

Del. Code tit. 10, § 921 Exclusive original civil jurisdiction. [For application of this section, see 82 Del. Laws, c. 84, § 5]

The Court shall have exclusive original civil jurisdiction in all proceedings in this State concerning: (1) Any child found in the State who is alleged to be dependent, neglected, abused or delinquent except as otherwise provided in this chapter; (2) a. Any child charged in this State with delinquency by having committed any act or violation of any laws of this State or any subdivision thereof, except, for a child aged 16 or older accused of murder in the first degree, murder in the second degree, rape in the first degree, rape in the second degree, unlawful sexual intercourse in the first degree, assault in the first degree, robbery in the first degree, (where such offense involves the display of what appears to be a deadly weapon or involves the representation by word or conduct that the person was in possession or control of a deadly weapon or involves the infliction of serious physical injury upon any person who was not a participant in the crime, and where the child has previously been adjudicated delinquent of 1 or more offenses which would constitute a felony were the child charged under the laws of this State), kidnapping in the first degree, or any attempt to commit said crimes; any child 16 years of age or older charged with violation of Title 21, except as provided in paragraph (16) of this section or § 927 of this title; or any other crime over which the General Assembly has granted or may grant jurisdiction to another court. b. Any child charged in this State with delinquency by having committed, after reaching that child’s sixteenth birthday, murder in the second degree, manslaughter, robbery in the second degree, attempted murder (first or second degree), home invasion, burglary in the first degree or arson in the first degree; provided, however, that such child shall, after such child’s first appearance in the Court, be given a hearing as soon as practicable to determine that child’s amenability to the processes of the Court. The Court shall give immediate notice of such hearing in writing to the Department of Justice and to the child’s custodian, near relative, attorney or other interested person, if known, and then the Court shall proceed in accordance with the provisions of § 1010 of this title. The Attorney General or 1 of the Attorney General’s deputies shall be present at any such hearing. Superior Court shall retain jurisdiction for purposes of sentencing and all other postconviction proceedings if any judge or jury shall find the child guilty of a lesser included crime following a trial or plea of guilty in any prosecution for 1 of the crimes specifically defined in this subsection or for any crime where the child has been transferred to the Superior Court by the Family Court pursuant to § 1010 of this title; (3) Enforcement of any law of this State or any subdivision or any regulation promulgated by a governmental agency, or any petitions or actions, for the education, protection, control, visitation, possession, custody, care, or support of children; provided however, that the Justice of the Peace Court shall have original and exclusive jurisdiction over truancy matters as set forth in Chapter 27 of Title 14, and the Family Court shall assume exclusive jurisdiction over those matters transferred or appealed from the Justice of the Peace Court in accordance with §§ 2731 and 2732 of Title 14; (4) Judicial consent to employment, medical care, or enlistment in the armed services of a child when such consent is required by law; (5) Actions to terminate compulsory school attendance by a child who has not attained that child’s sixteenth birthday; (6) Actions and proceedings wherein: a. A member of a family alleges that some other member of the family is by their conduct imperiling any family relationship and petitions the Court for appropriate relief. b. The Division of Child Protective Services or a licensed youth service agency alleges that the conduct of a child, or of the parents or custodians, or members of a family, imperils any family relationship or imperils the morals, health, maintenance or care of a child and petitions the Court for appropriate relief; provided, however, that where a parent, to ensure the safety or welfare of the child, fails to cause the child to attend school, such parent has not imperiled the family relationship, nor has imperiled the morals, health, maintenance or care of the child. c. In such actions and proceedings the Court may make such adjudications and dispositions as appear appropriate; (7) Liability of relatives to support a poor person under § 501 of Title 13, and §§ 2830 and 2831 of Title 31; (8) Execution of forms consenting to marriages under § 123 of Title 13; (9) Reciprocal support proceedings by or against nonresidents under Chapter 6 of Title 13; (10) Any child in the State under the age of 16 years charged with delinquency by having committed a violation of any provision of Title 21; and any child in the State 16 years of age or older charged with having violated any of the provisions specified in § 927 of this title; a. The court having jurisdiction of violations of Title 21, not covered above, shall not proceed, except to continue the case, without the presence of a custodian, near relative, attorney or other interested person. b. Any judge of a court of proper jurisdiction, if the judge determines the existence of circumstances beyond the violation of Title 21, which indicates that the child 16 or 17 years old may be dependent, neglected or delinquent, shall, in addition to hearing the violation of Title 21, cause a complaint to be filed charging dependency, neglect or delinquency. c. Any sentence imposed against any child 16 or 17 years old by a court having jurisdiction of the offenses in Title 21, except those offenses within the jurisdiction of the Family Court, shall be limited to a fine and costs. No court shall detain a child 16 years of age or older in a jail or adult correctional institution or jail pending trial on any violation of Title 21. Any child pending trial shall, in the default of bail, be detained only in a juvenile correctional facility. d. Any child 16 or 17 years old who fails or refuses to pay a fine imposed by a court having jurisdiction of the offenses in Title 21, except those offenses within the jurisdiction of the Family Court, and after exhaustion of all other legal remedies for collection provided by the State, shall be charged with delinquency and referred to the Family Court; (11) All proceedings relative to divorce and annulment under Chapter 15 of Title 13; (12) Actions concerning the education of the handicapped and the enforcement of rights guaranteed by Chapter 31 of Title 14; (13) Actions concerning appeals from administrative decisions of the Division of Child Support Services, in accordance with the Delaware Administrative Procedures Act, Chapter 101 of Title 29; (14) Petitions by persons formerly married to each other seeking an interest in or disposition of jointly titled real property, where such property was not disposed of (i) by agreement of the parties, or (ii) by virtue of ancillary proceedings pursuant to § 1513 of Title 13. In dividing said property the Family Court shall apply equitable principles unless there is a written agreement signed by the parties regarding the disposition of said property. Unless there is a written agreement signed by the parties the Family Court shall not consider the factors enumerated in § 1513 of Title 13. This paragraph shall apply to all actions filed after July 11, 1989; (15) Proceedings relative to parental notice of abortion under subchapter VIII, Chapter 17 of Title 24; (16) Notwithstanding any provision of this title to the contrary, charges of delinquency based upon an alleged violation of any provision of Title 11, 16 or 21 which would otherwise be within the original civil jurisdiction of Family Court shall instead be within the original criminal jurisdiction of Superior Court if said charges may be joined properly with a felony pending against the same child in Superior Court, as determined pursuant to the relevant rules of the Superior Court; (17) Actions concerning child support liens pursuant to § 519 of Title 13; (18) Child Protection Registry proceedings pursuant to Chapter 9 of Title 16; (19) Proceedings for a change of name pursuant to § 5901(b) of this title. (20) All criminal or delinquency court proceedings involving a child charged with a delinquent act or crime committed while the child was under the age of 18 years and committed within the boundaries of a military installation, so long as concurrent juvenile legislative jurisdiction is established under § 108 of Title 29.

Del. Code tit. 10, § 922 Exclusive and concurrent original criminal jurisdiction.

(a) Except as provided in subsections (b), (c), (d), (e), and (f) of this section, the Court shall have exclusive original criminal jurisdiction in all proceedings in this State concerning the following, the enumeration of which shall not be construed to exclude jurisdiction otherwise conferred upon the Court: (1) Ill treatment, abuse, abandonment or contributing to the delinquency of a child, or any misdemeanor committed against a child. (2) Any offenses, except felonies, committed: a. By 1 member against another member of the family. b. Between former spouses. c. Between persons cohabitating together who are holding themselves out as a couple, with or without a child in common. d. Between persons living separate and apart with a child in common, where parentage of said child is not in dispute. (3) Any offenses, except felonies, in which the defendant is a member of a family and the complainant is a peace officer and the criminal act complained of was committed during a family altercation. (4) Misdemeanor criminal nonsupport and misdemeanor aggravated criminal nonsupport under § 1113 of Title 11. (5) Illegitimacy proceedings under § § 1321-1335 of Title 13 [repealed]. (6) Children of immoral parents under § 706 of Title 13 [repealed]. (7) Aiding a child who escapes from the Department of Services for Children, Youth and Their Families under § 5311 of Title 31. (8) Cruel treatment and wrongful disposition or employment of children under § 1102 of Title 11. (9) Interference with custody of a child under § 785 of Title 11. (10) Placing a resident or bringing a nonresident dependent child into Delaware without consent of the Department of Services for Children, Youth and Their Families under § § 307, 351 [repealed] of Title 31, except as provided in the Interstate Compact for Juveniles. (11) Sale or delivery of an alcoholic beverage to a child under § 904 of Title 4. (12) Permitting a child to remain where alcoholic beverages are sold under § 1106 of Title 11. (13) Permitting a child to be present where gambling activity is maintained or conducted under § 1106 of Title 11. (14) Sale of weapons to a child under § 903 of Title 24. (15) Sexual assault on a child under § 761 of Title 11. (16) Intra-family offenses against the person under § § 601, 602, 611 of Title 11. (17) Incest under § 766 of Title 11. (18) Reciprocal support proceedings against or on behalf of nonresidents under Chapter 6 of Title 13, where appropriate. (19) Unlawful sexual contact in the third degree against a child under § 767 of Title 11. (20) Violation of a protective order under § 1271A of Title 11. (21) Offenses involving the reporting of new hires under § 1156A of Title 30. (b) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Court in all proceedings concerning alleged curfew violations under former § § 39-14 through 39-16 of the Wilmington Code [see now § § 36-97 and 36-98 of the Wilmington Code]. (c) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Courts in all proceedings concerning alleged curfew violations pursuant to any municipal ordinance. (d) The Court shall have concurrent criminal jurisdiction with the Court of Common Pleas where the offense, except felonies, is committed between persons living separate and apart with a child in common where the parentage of said child is in dispute. (e) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive original jurisdiction of Family Court otherwise may be joined properly with a felony within the jurisdiction of Superior Court, such offenses or criminal cases shall be within the jurisdiction of Superior Court. (f) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive jurisdiction of the Family Court and in which the defendant is an adult otherwise may be joined properly with a criminal case or other offense that is within the jurisdiction of the Court of Common Pleas, the Court of Common Pleas shall have concurrent jurisdiction with Family Court over such offenses or criminal cases, except that this subsection shall not apply to offenses or criminal cases involving felonies.

Del. Code tit. 10, § 922A Truancy jurisdiction.

The Court shall have jurisdiction over truancy matters as set forth in Chapter 27, subchapter II of Title 14.

Del. Code tit. 10, § 923 Jurisdiction over matters begun prior to this chapter.

The Court shall have jurisdiction to hear and decide all matters before the Family Court of the State in and for New Castle County and the Family Court for Kent and Sussex Counties which had not been disposed of prior to the effective date of this chapter.

Del. Code tit. 10, § 924 Concurrent original civil jurisdiction.

The Court shall have concurrent jurisdiction to hear writs of habeas corpus or other proceedings brought for the purpose of gaining or retaining the custody of a child or for the purpose of determining whether a child is being unlawfully detained by any person, agency, or institution.

Del. Code tit. 10, § 925 General jurisdiction.

The Court and each Judge shall have authority to: (1) Conserve the peace; (2) Commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons charged with having violated the law together with material witnesses and impose conditions as set forth in § 1021 of this title; (3) Determine and punish civil and criminal contempt; (4) Issue process for the exercise of its jurisdiction and require service thereof under pain of contempt; (5) Receive, hear, and make recommendations concerning matters assigned to it by any state or municipal court. Such recommendations shall be certified to the assigning court; (6) Transfer for good cause any proceeding from the Court in 1 county to the Court in any other county; (7) Enter, proceed on, and satisfy in the name of the State any forfeited bond, provided however, that the proceeds of any bond forfeited for a party’s failure to appear in any civil or criminal child support proceeding shall be paid over to the payee of the child support order and applied to the child support account; (8) Sit separately or jointly with any or all other Judges; (9) Hear, determine, render, and enforce judgment in any proceeding before the Court; (10) Assess fees, costs, and fines; or remit them in proper cases; (11) After due notice to interested parties, review, revise, or revoke any prior order of the Court with reference to the custody, control, care, support or visitation of any person, or in any proceeding where failure to do so would result in manifest injustice; (12) Punish for contempt any person who, in order to evade the Court’s jurisdiction, removed from the State any child concerning whose possession, custody, or alleged unlawful detention, a writ of habeas corpus or other proceeding has been filed; (13) Administer oaths and take acknowledgments; (14) Appoint guardians ad litem; (15) In any civil action where jurisdiction is otherwise conferred upon the Family Court, it may enter such orders against any party to the action as the principles of equity appear to require. When a Family Court order, excluding stipulations, relates to the awarding of custody, a police officer has the authority to enter private property to enforce such order when such order requests the assistance of a police officer; (16) Appoint guardians of the person over minors under 18 years of age; (17) Appoint attorneys and/or Court-Appointed Special Advocates to serve as guardians ad litem to represent the best interests of a child in any child welfare proceeding; (18) Determine and enter disposition for alleged violations of probation by juveniles in accordance with the procedures established at § 4334 of Title 11. The term Commissioner or any probation counselor as used in § 4334 of Title 11 shall include the appropriate member of the Department of Services for Children, Youth and Their Families; (19) Decide appeals from administrative hearings of substantiated cases of abuse or neglect made pursuant to § 902A(d) of Title 16 [repealed], and to decide appeals made pursuant to § 902A(g) of Title 16 [repealed] for orders of administrative expungement of substantiation for the purpose of no longer reporting an individual’s name pursuant to § 8563(b) of Title 11; (20) In a civil proceeding involving the welfare of a minor child or the safety of a party, require any party or any other resident of the party’s household or other person with regular direct access to the child, to submit to a state and federal background check. a. The background check shall consist of: 1. A report of the individual’s entire criminal history record from the Delaware State Police or a statement from the Delaware State Police that the State Police Central Repository contains no such information relating to that person. 2. A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544. The Division of State Police shall be the intermediary for the purposes of this paragraph. 3. A certification from the Department of Services for Children, Youth and Their Families as to whether the individual is named in the Central Register as the perpetrator of a report of child abuse. b. Costs associated with obtaining said criminal history information and child abuse registry information shall be borne by the State. c. The Court at any stage in the proceeding may take judicial notice of any report, record or certification described in this paragraph (20).

Del. Code tit. 10, § 926 Judgment against parent of minor who steals or destroys property [Repealed].

Repealed by 66 Del. Laws, c. 234, § 2.

Del. Code tit. 10, § 927 Exclusive jurisdiction over motor vehicle violations.

(a) The Court shall have exclusive original civil jurisdiction in all proceedings in this State involving children charged with violating any of the following motor vehicle provisions of Title 21: (1) Displaying or possessing fictitious registration cards, number plates or registration plates under § 2115(2) of Title 21; (2) Operating a motor vehicle without motor vehicle insurance under § 2118, except that the Justice of the Peace Court shall have concurrent jurisdiction for purposes of dismissing a case if proof of insurance is shown pursuant to § 2118(b) or (p) of Title 21; (3) Possessing a fictitious insurance identification card under § 2118A(a) of Title 21; (4) Altering or forging a certificate of title, a manufacturer’s certificate of origin, a registration card, a vehicle warranty or certification sticker or a vehicle identification plate under § 2316 of Title 21; (5) Fraud in obtaining a driver’s license, or display of a fraudulently altered license under § 2751 of Title 21; (6) Driving while license is suspended or revoked under § 2756 of Title 21; (7) Driving during a period of ineligibility under § 2758 of Title 21; (8) Penalties under § 2971(a) of Title 21; (9) Obedience to police officers under § 4103 of Title 21; (10) Walking on a highway under the influence under § 4149 of Title 21; (11) Speed exhibitions and drag racing under § 4172 of Title 21; (12) Malicious mischief by motor vehicle under § 4172A of Title 21; (13) Reckless driving under § 4175 of Title 21; (14) Aggressive driving under § 4175A of Title 21, whether or not the predicate offenses required under that section are within the exclusive jurisdiction of the Family Court or not; (15) Operation of a vehicle causing death under § 4176A of Title 21; (16) Operation of vehicle while under the influence of intoxicating liquor or drug under § 4177 of Title 21; (17) Driving after consumption of alcohol under § 4177L of Title 21; (18) Operating a bicycle under the influence of drugs or alcohol and under § 4198J of Title 21; (19) Duty of driver involved in accident resulting in injury or death to any person under § 4202 of Title 21; (20) Duty to report accidents under § 4203 of Title 21; (21) Introduction, sale, distribution or advertisement for sale to public of motor vehicle master keys under § 4601 of Title 21; (22) Reporting of keys under § 4603 of Title 21; (23) Possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock-picking devices and hot wires under § 4604 of Title 21; (24) Injuring vehicle without consent of owner under § 6701 of Title 21; (25) Driving vehicle without consent of owner under § 6702 of Title 21; (26) Tampering with vehicle under § 6703 of Title 21; (27) Receiving or transferring stolen vehicle under § 6704 of Title 21; (28) Removed, falsified or unauthorized identification number on vehicle or engine; removed or affixed license/registration plate with intent to misrepresent identity under § 6705 of Title 21; (29) Possession of blank title, blank registration card, vehicle identification plate, warranty sticker and registration card under § 6708 of Title 21; (30) Removal of warranty or certification stickers, vehicle identification plates, and confidential vehicle identification numbers under § 6709 of Title 21; and (31) Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers under § 6710 of Title 21. (b) Where appropriate, the Court has the power to impose the penalties provided for under § 6707 of Title 21.

Del. Code tit. 10, § 928 Extended jurisdiction — Juvenile delinquency.

(a) Prior to trial upon petition of the Attorney General, the State may seek extended jurisdiction of the Family Court over a juvenile up to age 21. (b) Extended jurisdiction shall mean that a juvenile subject to the jurisdiction of the Family Court, if found delinquent of the offense(s) giving rise to the petition, shall be subject to the jurisdiction of the Family Court until said juvenile reaches age 21 or is discharged from jurisdiction by the Court. (c) The determination whether extended jurisdiction is appropriate shall be made by the Family Court based upon the juvenile’s need for rehabilitation and the public’s right to safety and shall take into consideration the following: (1) The seriousness of the underlying offense(s), with extended jurisdiction presumed to be appropriate where a juvenile has committed a class A or B felony or a felony sexual offense, excluding those crimes set forth in § 1010(a)(1) of this title; (2) The age of the juvenile at the time of trial or disposition, with consideration being primarily based upon the time needed to effectively rehabilitate the juvenile or to protect the public and whether either or both objectives may be met by the juvenile’s eighteenth birthday. (d) A determination by the Family Court that extended jurisdiction is appropriate shall only be subject to review on an abuse of discretion standard. (e) In any case where extended jurisdiction is determined to be appropriate, the juvenile is found delinquent of the crime(s) giving rise to extended jurisdiction and, further rehabilitation of the juvenile is ordered at a Level IV or V facility, review of the appropriateness of continued placement at Level IV or V shall be conducted by the Court at 6-month intervals after the juvenile’s eighteenth birthday. A failure to conduct a review within 30 days of a 6-month interval shall result in the Department of Correction assuming jurisdiction for purpose of placement, with a presumption that a placement at less than Level IV or V facility will be imposed. The review period herein set forth may be extended for a period of 60 days upon good cause shown by the State in a petition filed by the State prior to the expiration of the 6-month plus 30-day period. (f) Juveniles placed in the extended jurisdiction program shall be considered subject to the processes of the Family Court until the termination of the Court’s order. In the event that a person who has reached one’s eighteenth birthday commits any crimes while subject to extended jurisdiction, the commission of said crime(s) shall be considered a violation of the extended jurisdiction program, subjecting said violator to any sanction the Family Court could have originally imposed upon the offense(s) giving rise to extended jurisdiction, including placement at a Level IV or V facility housing adult offenders. Trial of any person who has turned age 18 for an offense(s) committed while subject to extended jurisdiction shall be in the appropriate court as required by Delaware law. Any sentence of incarceration imposed by an adult court shall take precedent to and be in lieu of any sentence of incarceration imposed by the Family Court pursuant to extended jurisdiction for the original offense or a violation of the extended jurisdiction program. (g) Nothing contained herein shall affect the provisions of § 1010 of this title concerning amenability or § 1447(d) of Title 11, except that upon agreement of the State and the juvenile, a juvenile may agree to be subjected to extended jurisdiction in lieu of being proceeded against pursuant to the provisions of § 1010 of this title or § 1447(d) of Title 11. (h) For purposes of this section, Level IV and Level V facilities are defined as follows: (1) A facility includes any treatment center, institution or any other place designated for confinement; (2) A Level IV facility is a place of partial confinement such as a half-way house, residential treatment facility, or restitution facility. It may include house arrest at the juvenile’s home, or at a shelter, group home, foster home or other facility. For juveniles who have reached their 18th birthday, a Level IV facility shall include any similar house or facility of the Department of Correction; (3) A Level V facility is a place of confinement in a secured facility. For juveniles who have reached their eighteenth birthday, a Level V facility shall include any secured facility of confinement of the Department of Correction.

Del. Code tit. 10, § 928A Extended jurisdiction — Juvenile delinquency, when offense committed before age 18 but arrest occurs after age 18.

(a) If a person commits an offense before age 18 and is arrested after reaching age 18, but before reaching age 21, the Family Court retains jurisdiction in the same manner as if the person had not reached age 18, and all provisions and rights applicable to a person who is under 18 apply to the person. (b) Nothing in this section precludes prosecuting a person to whom this section applies as an adult under §§ 921 and 1010 of this title.

Del. Code tit. 10, § 929 Extended jurisdiction — Child abuse, dependency and neglect.

(a) Upon petition filed by the youth, or the youth’s attorney on behalf of the youth, or the youth’s present or former representative, guardian ad litem, or Court Appointed Special Advocate, the Court may enter an order to extend jurisdiction over a youth who was an abused, dependent or neglected child in DSCYF custody at the time the youth attains 18 years of age or any time thereafter. The petition seeking extended jurisdiction shall be filed not later than 6 months prior to the youth’s twenty-first birthday nor more than 30 days prior to the youth’s eighteenth birthday. (b) When a petition for extended jurisdiction is filed, the petition shall be served upon DSCYF. Within 20 days of service, DSCYF shall file an answer indicating whether DSCYF supports the petition or requests a hearing. If requested by DSCYF, the Court shall schedule a hearing to address the petition. Notice of the time and place of the hearing shall be sent to the youth as petitioner and DSCYF as respondent. Following either an answer by DSCYF supporting the petition or a hearing on the petition, the Court may enter an order extending jurisdiction over the youth. (c) The purpose of extended jurisdiction is to enable youth who are provided developmentally appropriate, comprehensive independent living services from age 14 to 21 to assist with their successful transition into adulthood under the John H. Chafee Independence Act (P.L. 106-169) or the Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351), and other relevant services, to have a legal mechanism for Family Court review of the appropriateness of such services. Extended jurisdiction may continue until the youth attains 21 years of age. Notwithstanding extended jurisdiction, the youth shall attain the age of majority at age 18, and DSCYF custody shall terminate at that time by operation of law. (d) The reasonableness of the services to be offered and coordinated by the DSCYF to the youth, including financial, housing, medical, employment, training, education and other appropriate services, shall be contingent upon the limits of the appropriations made to or by the State for this purpose. If funding for a particular service has not been appropriated, or has been exhausted, there shall be no requirement that DSCYF provide the service. The DSCYF Secretary, or the Secretary’s designee, shall certify to the Court by affidavit the availability of funding for the particular youth. (e) Where the Court has extended jurisdiction over a youth, the Court may conduct reviews upon motion of any party, or sua sponte, and prior to termination of the order extending jurisdiction. Reviews should occur as often as needed with a date established at the prior review, however, reviews must occur at least annually. If the youth agrees, the appointment of the youth’s attorney or Court Appointed Special Advocate shall also be extended, and the representation of the youth shall be client-directed. Prior to each review, notice shall be provided by DSCYF to any contracted providers serving the youth. At each review, the Court shall, at a minimum, evaluate the youth’s independent living services, and make findings, where applicable, regarding: (1) Financial stability; (2) Housing; (3) Medical benefits, including access to health care and other public benefits; (4) Employment and training; (5) Education; and (6) Community and individual connections to help support the youth. (f) Extended jurisdiction terminates by operation of law when the youth attains 21 years of age or sooner upon a finding that: (1) The youth no longer consents to the Court’s extended jurisdiction; (2) The youth no longer consents to the continued assistance of DSCYF; (3) The youth has failed to cooperate with DSCYF; or (4) For other good cause shown.

Del. Code tit. 10, § 930 Education decision maker for abused, dependent, neglected, or delinquent children or children in the Department’s custody.

(a) At a proceeding or upon a motion involving a child found in this State who is alleged to be abused, dependent, neglected, or delinquent, the Court may appoint an education decision maker for the child if it finds any of the following: (1) The child has no parent or guardian. (2) A parent or guardian of the child voluntarily consents to the appointment of an education decision maker. (3) After notice to the parent or guardian and an opportunity for a parent or guardian to be heard, that the child is an abused child, dependent child, neglected child, or delinquent child and it is in the child’s best interests to limit a parent’s or guardian’s right to make decisions regarding the child’s education. (b) The Court may limit the authority of a parent or guardian to make education decisions only to the extent necessary to protect the child’s best interests and may cancel, reinstate, or change the education decision maker at any proceeding or upon a motion if the Court makes specific findings that it is in the child’s best interests to do so. (c) The Court shall determine whether there is a responsible adult who is a relative or other adult known to the child who is available and willing to serve as the child’s education decision maker. The Court may appoint the child’s attorney or Court Appointed Special Advocate volunteer to serve as the education decision maker. The Court may not appoint the child’s defense attorney in a delinquency proceeding to serve as the education decision maker. (d) The Court shall provide notice to an education decision maker of all Court proceedings involving the child to which the education decision maker is appointed. (e) Unless a child qualifies for special education services under 20 U.S.C. § 1400 et. seq., 34 C.F.R. § 104.3 (j), Chapter 31 of Title 14, and corresponding Department of Education regulations, the child’s education decision maker must do all of the following: (1) Make appropriate inquiries and take appropriate action regarding all of the following: a. The child’s educational stability or educational placement. b. All school discipline matters. c. Transition planning for independent living. d. Education services and accommodations that will allow the child to meet state standards. (2) Notify the Division of Family Services (“DFS”) if a child who is in the custody of the Department under Chapter 25 of Title 13 is suspected of having a disability. Upon notification, DFS shall request an educational surrogate parent for special education purposes from the Department of Education under § 3132 of Title 14. (3) Consent to or prohibit the release of information from the child’s school records as a parent in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and 34 C.F.R. § 99.3 (1974). (f) (1) An education decision maker may serve as an educational surrogate parent if the education decision maker meets the qualifications under § 3132 of Title 14. (2) If a child is already assigned an educational surrogate parent, the Court may appoint an education decision maker to make all educational decisions relating to the child that are not the responsibility of the educational surrogate parent in accordance with state and federal law. (g) An education decision maker must make all education decisions based on the best interests of the child.

Del. Code tit. 10, § 931 Concurrent jurisdiction — Mental health.

(a) Purpose. — The purpose of jurisdiction under this section is to extend Family Court’s jurisdiction under Chapter 50 of Title 16 over a specific category of youths. (b) Scope. — (1) This section applies only to a youth who was under DSCYF custody when the youth attained 18 years of age and both of the following apply: a. At the time of attaining 18 years of age, the youth was identified or diagnosed with a mental condition as defined in § 5001 of Title 16. b. After attaining 18 years of age, but prior to attaining the age of 26 years of age, the youth is subject to proceedings in Superior Court under Chapter 50 of Title 16. (2) Family Court’s jurisdiction under this section: a. May continue until the youth attains 26 years of age. b. Does not affect the youth attaining the age of majority on the youth’s eighteenth birthday, and DSCYF custody of a youth terminates by operation of law when the youth attains 18 years of age. c. May be concurrent with jurisdiction under § 928 or § 929 of this title. (c) Procedure. — (1) In any proceeding under Chapter 50 of Title 16 involving a youth who meets the criteria of this section, the Superior Court may, upon notification by the youth or by its own initiative, transfer the case to the Family Court for further proceedings under Chapter 50 of Title 16. Transfer of a case may occur in conjunction with the youth’s first appearance in the Superior Court or as soon as practicable thereafter. (2) When a youth under the jurisdiction of the Family Court under this section attains 26 years of age, the Family Court shall transfer that youth’s case to the Superior Court. (3) The Family Court and the Superior Court may establish procedures for all of the following: a. The identification of youths who meet the criteria of this section. b. The transfer of cases between the 2 Courts. (4) Upon transfer of a case under paragraph (c)(1) of this section, the Family Court shall utilize and apply the same procedure and legal standard in Chapter 50 of Title 16 that the Superior Court would otherwise apply to an individual of the same age as the youth.

Del. Code tit. 10, § 1002 Delinquent child not criminal; prosecution limited.

(a) Except as provided in § 1010 of this title, no child shall be deemed a criminal by virtue of an allegation or adjudication of delinquency, nor shall a child be charged with or prosecuted for a crime in any other court. In this Court the nature of the hearing and all other proceedings shall be in the interest of rather than against the child. Except as otherwise provided, there shall be no proceedings other than appellate proceedings in any court other than this Court in the interest of a child alleged to be dependent, neglected, or delinquent. (b) (1) Notwithstanding any other provision of law to the contrary, no child shall be prosecuted for a crime or act of delinquency arising from conduct that occurred when the child was under the age of 12, except for a child under the age of 12 accused of murder in the first degree, murder in the second degree, rape in the first degree, rape in the second degree, or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony as set forth in § 4201 (c) of Title 11. a. A child younger than 12 accused of murder in the first degree, murder in the second degree, rape in the first degree, or rape in the second degree, or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony set forth in § 4201(c) of Title 11, may not be prosecuted unless the delinquency petition includes a motion to determine competency pursuant § 1007A of this title. If the Court finds the child competent, prosecution of the case may resume at the discretion of the State. If the Court finds the child not competent the Court shall, contemporaneous with the entry of such finding, enter a dismissal of the charge or charges, and the State shall petition the Court to expunge the instant record of arrest as set forth in § 1018(f) of this title. b. [Repealed.] (2) A child under the age of 12 may be referred to and required to participate in any pre-arrest diversionary program administered by the Division of Youth Rehabilitative Services, and such child may be referred to the Division of Prevention and Behavioral Health, the Division of Family Services, or any other state agency if the child is believed to be abused, neglected, dependent or otherwise in need of services. Notwithstanding any provisions to the contrary, referrals under this subsection shall not preclude subsequent participation in any pre- or post-arrest diversionary programs for which the child is eligible upon reaching age 12. (3) A child under the age of 12, who could otherwise be charged with a Title 11 violent felony or a misdemeanor crime of violence if the child were 12 or older, shall be referred to the Juvenile Civil Citation Program under this title. Such child shall be assessed for appropriate programs and services available through the Department of Services for Children, Youth and Their Families. Referrals and participation in the Juvenile Civil Citation Program, shall not preclude subsequent participation in any pre- or post-arrest diversionary programs for which the child is otherwise eligible upon reaching the age of 12. (c) Except as provided under § 1009(c)(4) of this title, the Court may not order a child or the child’s parent, guardian, or custodian to pay any of the following: (1) A fine. (2) A fee. (3) A cost. (4) A sum of money to cover the support of the child if placed in a secure or nonsecure detention or residential placement facility operated by the Department of Services for Children, Youth, and Their Families.

Del. Code tit. 10, § 1003 Commencement; parties.

Any person having knowledge of a child within the State who appears to be neglected, dependent or delinquent may file with the Clerk of the Court a petition in writing setting forth the facts verified by affidavit. Neither the Attorney General nor any Deputy Attorneys are required to appear in any proceeding before a Master involving a petition alleging an act of delinquency, but, at the Attorney General’s sole discretion, may appear in any such proceeding.

Del. Code tit. 10, § 1004 Duties of officer having child in custody.

A peace officer may take into custody a child the officer believes to be dependent, neglected or delinquent. Any peace officer having taken such a child into custody shall immediately notify the child’s custodian citing the reasons therefor. If the custodian refuses to accept the child or cannot be located or cannot provide necessary care for the child, the peace officer shall: (1) When the child is not charged with a delinquent act, immediately contact the Division of Child Protective Services of the Department of Services for Children, Youth and Their Families, who shall be responsible for further pursuing the whereabouts of the custodian or providing shelter and care for the child in a shelter home, foster home, group home, private agency home or other appropriate facility for children. The child shall be placed in a manner consistent with § 1009(e) [repealed] of this title. After making every reasonable effort to locate the custodian, the Division of Child Protective Services of the Department of Services for Children, Youth and Their Families may release the child to the child's custodian or forthwith file with the Court a petition for custody alleging dependency or neglect. (2) When the child has been charged with a delinquent act, take the child directly before the Court if the Court is in session or take the child before a court or commissioner for disposition in accordance with § 1005 of this title. After taking the child into custody, the peace officer shall forthwith file with the Court a sworn complaint alleging delinquency with a report for the reason of the child’s apprehension.

Del. Code tit. 10, § 1004A Juvenile Offender Civil Citation Program [Effective until Feb. 20, 2027].

(a) There is hereby established a juvenile offender civil citation option to provide a civil alternative to arrest and criminal prosecution for eligible youth who have committed acts of delinquency as set forth herein. The Juvenile Offender Civil Citation Program shall be coordinated by a statewide Civil Citation Coordinator within the Division of Youth Rehabilitative Services and shall include assessment and intervention services that a juvenile voluntarily agrees to complete in lieu of formal arrest and prosecution. (b) (1) Referral to the Juvenile Offender Civil Citation Program shall be initiated by a peace officer through the issuance of a civil citation. Any peace officer having reasonable grounds to believe that a juvenile has committed or attempted to commit an act of delinquency described hereunder may issue the juvenile a civil citation. The issuance of a civil citation shall be at the discretion of the peace officer and limited to qualified juvenile offenders. Participation in the Juvenile Offender Civil Citation Program is voluntary on the part of the juvenile offender and requires parental consent. Other than referrals under § 1002 of this title, referral to the Juvenile Offender Civil Citation Program shall be made with the consent of the victim if 1 exists. (2) An act of delinquency classified as a misdemeanor is eligible for disposition pursuant to a civil citation, except any Title 21 misdemeanor, unlawful sexual contact in violation of § 767 of Title 11, and unlawful imprisonment second degree in violation of § 781 of Title 11. A juvenile is also eligible for disposition pursuant to a civil citation based on a referral under § 904 of Title 4 or § 4764 of Title 16. Juveniles under the age of 12 shall also be eligible for disposition pursuant to a civil citation based on referrals under § 1002 of this title. (3) For purposes of this section, a “qualified juvenile offender” means a juvenile who meets both of the following: a. The juvenile has no prior adjudication of delinquency. b. The juvenile has not received a prior referral to the Juvenile Offender Civil Citation or any other diversion program unless more than 1 year has elapsed since the prior referral. (c) A civil citation shall be initiated by entering all required information into the Law Enforcement Investigative Support System (LEISS) to include a description of the offense believed to have been committed; contact information for the designated civil citation community providers; notification that the juvenile must contact the identified civil citation community provider within 7 business days to schedule their intake and initial assessment; and a warning that failure to contact the identified civil citation community provider may result in the juvenile’s arrest and the commencement of delinquency proceedings as otherwise provided in this subchapter. (d) At the time of issuance of a civil citation by the peace officer, the peace officer shall advise the juvenile that the juvenile has the option to refuse the civil citation and instead be taken into custody and subject to arrest and prosecution as otherwise provided in this subchapter. Upon issuance of a civil citation, the peace officer shall submit the civil citation through LEISS to the Civil Citation Coordinator. (e) A juvenile issued a civil citation shall contact the identified civil citation community provider within 7 business days or as otherwise directed in the civil citation and thereafter report to the identified provider to which the juvenile is referred. (f) (1) Providers shall assess referred juveniles using an approved risk assessment tool and may recommend the juvenile to participate in counseling, treatment, community service or other interventions appropriate to the needs of the juvenile as identified by the assessment. (2) For purposes of Chapter 86 of Title 11, a civil citation community provider is all of the following: a. Engaged in the rehabilitation of accused persons in the administration of criminal justice. b. An authorized user, if qualified under the minimum requirements established under § 8608 of Title 11. c. An authorized agency, if qualified under §§ 8610 and 8611 of Title 11. (g) Upon completion of all terms and conditions of the Juvenile Offender Civil Citation Program, the juvenile shall be discharged successfully without arrest. (h) If the juvenile fails to comply with any requirements of the Juvenile Offender Civil Citation Program, including any assessments or required services, or otherwise violates any terms or conditions imposed by the identified provider, the juvenile shall be unsuccessfully discharged from the Juvenile Offender Civil Citation Program. The Civil Citation Coordinator shall advise the referring peace officer of a juvenile’s unsuccessful termination from the program. A peace officer, upon receiving notice that a juvenile to whom they have issued a civil citation has been unsuccessfully discharged from the Juvenile Offender Civil Citation Program, shall be authorized to arrest the juvenile and proceed as otherwise provided in this subchapter. (i) Participation in the Juvenile Offender Civil Citation Program shall not, with respect to a subsequent arrest, serve to disqualify or otherwise preclude a juvenile from participating in any diversion program at the discretion of the Attorney General. (j) Notwithstanding anything in this section to the contrary, those juveniles referred to the Juvenile Civil Citation Program under § 904 of Title 4 or § 4764 of Title 16 may not be arrested for refusal to participate in the program or violating terms and conditions of the program. (k) Notwithstanding anything in this section to the contrary, those juveniles referred to the Juvenile Offender Civil Citation Program under § 1002 of this title shall be referred to the Program and may not be arrested for refusal to participate in the Program or violating terms and conditions of the Program.

Del. Code tit. 10, § 1005 Other courts; issuance of warrants; powers and duties.

(a) Any judge of any state or municipal court or any official designated for such purpose may issue a warrant directing a peace officer to take into custody a child alleged to be delinquent. (b) Any judge of any court of this State, including justices of the peace and local aldermen, before whom a child is brought by a peace officer: (1) May release the child on the child’s own recognizance, or on that of a person having the child’s care, to appear before the court when notified so to do; (2) May require the child to furnish reasonable cash or property bail or other surety for the child’s appearance before the court when notified so to do; (3) May order the child detained in a facility designated by the Department of Services for Children, Youth and Their Families pursuant to § 1007(a) of this title provided that no means less restrictive of the child’s liberty gives reasonable assurance that the child will attend the adjudicatory hearing; and provided, that the alternatives delineated in § 1007(b)(5) of this title have been considered; and provided, that such detention shall continue only until the next session of the Family Court; (4) Shall notify the person having the care of the child, if an address be known, of the child’s having been taken into custody, the reason therefor, and the disposition of the matter; (5) Shall file with this Court forthwith a petition in accordance with § 1003 of this title on forms furnished by this Court.

Del. Code tit. 10, § 1006 Process; service; return; interim order; investigation.

(a) Following commencement of any action concerning a child, the child and the child’s custodian shall be brought into the Court by summons or other process. If no custodian can be located, the child’s guardian, or some suitable person (preferably a near relative) appointed by the Court to act in behalf of the child shall be notified to appear. (b) A summons or other process of the Court may be served by any probation officer, sheriff, county, town, or city constable or police officer within the officer’s or constable’s jurisdiction, either by reading the same to the person to be served, or by delivering a copy thereof to the person or by leaving a copy thereof at the person’s usual place of abode in the presence of an adult person. (c) The return of such summons or other process with the indorsement of service by the serving officer in accordance herewith shall be sufficient proof thereof. (d) Where no custodian or interested close relative can be located, the Court may make such interim order as the interest of the child may require. (e) In delinquency proceedings after the child has been adjudged delinquent and at any time in all other proceedings concerning a child the Court may accept a study relating to the child previously made by any recognized welfare agency, or may order a study made.

Del. Code tit. 10, § 1007 Disposition of child pending adjudication; payment for care.

(a) Pending adjudication no child alleged to be delinquent may be placed in secure detention operated, or contracted, by the Department of Services for Children, Youth and Their Families unless the Court determines that no means less restrictive of the child’s liberty gives reasonable assurance that the child will attend the adjudicatory hearing and: (1) The child is a fugitive from another jurisdiction on a delinquency petition; or (2) The child is charged with an offense, which, if committed by an adult would constitute a felony, including offenses contained within this title, Title 11, and Chapter 47 of Title 16, the Uniform Controlled Substance Act; or (3) The child is charged with an offense, which, if committed by an adult would constitute a class A misdemeanor, provided that offense involved violence, a sexual offense, unlawful imprisonment, or a weapons offense; or (4) The child has, in the past, failed to appear at a delinquency hearing and circumstances indicate the child will likely fail to appear for further proceedings, or, absent a prior history of failure to appear, circumstances demonstrate a substantial probability that the child will fail to appear at a subsequent hearing; or (5) The child is alleged to be intimidating 1 or more witnesses or otherwise unlawfully interfering with the administration of justice; or (6) The child has escaped from a secure or nonsecure detention facility, or has demonstrated a pattern of repeated failure to comply with court-ordered placement pursuant to a delinquency petition in an out-of-home residential or foster care setting; or (7) The child has incurred new charges while a resident, as a result of a prior delinquency petition, of a nonsecure detention facility, out-of-home residential or foster care setting and the parent, guardian, custodian or facility refuses to take custody of the child; or (8) The child has breached a condition of release; or, (9) Having been released pending adjudication on prior charges for which the child could have been detained, the child is alleged to have committed additional changes on which the child would not normally be permissibly held in secure detention under this section. (b) Prior to making a decision of secure detention pending adjudication the Court shall consider and, where appropriate, employ any of the following alternatives: (1) Release on the child’s own recognizance; (2) Release to parents, guardian, custodian or other willing member of the child’s family acceptable to the Court; (3) Release on bail, with or without conditions; (4) Release with imposition of restrictions on activities, associations, movements and residence reasonably related to securing the appearance of the child at the next hearing; (5) Release to a nonsecure detention alternative developed by the Department of Services for Children, Youth and Their Families such as home detention, daily monitoring, intensive home base services with supervision, foster placement, or a nonsecure residential setting. (c) If the Court places a child in secure detention pending adjudication, the Court shall state in writing the basis for its detention determination pursuant to subsection (a) of this section and the reasons for not employing any of the secure detention alternatives under subsection (b) of this section. In the event that a risk assessment instrument has been completed for the child for the pending offense, with the resulting presumptive disposition being to release the child, or hold the child in a nonsecure detention facility, the Court shall further state in writing the basis for overriding that presumption. (d) If a child aged 16 or older has been ordered by a court to be held in secure detention pending trial in Superior Court and is found to be nonamenable to Family Court pursuant to §§ 1010 and 1011 of this title, the Department of Services for Children, Youth and Their Families may file a motion in Superior Court to place the child in a secure detention facility other than a facility operated by the Department of Services for Children, Youth and Their Families because the Department’s secure detention facilities are at or beyond capacity or the child poses a security risk to self or other youth served by the Department of Services for Children, Youth and Their Families in the facilities it operates. If a motion is filed, Superior Court shall conduct an evidentiary hearing unless the parties reach an agreement to a secure detention for the child. (1) After an evidentiary hearing, the Superior Court may order the child to be placed in a secure detention facility not operated by the Department of Services for Children, Youth and Their Families if the Court finds by clear and convincing evidence that the Department of Services for Children, Youth and Their Families’ secure detention facilities are at or beyond capacity and the child’s safety or health is at risk by remaining at a facility operated by the Department of Services for Children, Youth and Their Families. If the Court makes such a finding, the Department of Services for Children, Youth and Their Families shall provide the Court with a status on the capacity of the Department of Services for Children, Youth and Their Families’ secured detention facilities at least weekly and no child may be held in a secured detention facility for adults for more than 60 days. (2) After an evidentiary hearing, the Superior Court may order the child to be placed in a secure detention facility not operated by the Department of Services for Children, Youth and Their Families if the Court finds by clear and convincing evidence that the child is a danger to self or other youth served by the Department of Services for Children, Youth and Their Families in the facilities it operates and the child’s needs would be better served at a facility not operated by the Department of Services for Children, Youth and Their Families. (e) If a child has been placed in secure detention pending adjudication on a commitment from the Justice of the Peace Court, an initial hearing to determine the appropriateness of detention and to review conditions of release shall be held the next day the Family Court is in session. (f) A detention review with counsel shall be heard within 14 days of the initial detention hearing and if detention is continued, detention review hearings shall be held thereafter at intervals not to exceed 30 days. (g) When a juvenile is detained pending adjudication the adjudicatory hearing shall be held no later than 30 days from the date of detention. If no adjudicatory hearing is held within 30 days, upon motion by a juvenile, the Family Court shall within 72 hours fix a date for the adjudicatory hearing unless it grants a continuance of the hearing for good cause shown. (h) Pending adjudication the Court may release a child alleged to be dependent or neglected to the custodian; or, where the welfare of the child appears to require such action, place the child in the care of the Department of Services for Children, Youth and Their Families or any suitable person or agency; provided, however, that if the child is placed with someone other than a relative, the Family Court may require an evaluation and report from the Department of Services for Children, Youth and Their Families. (i) [Repealed.] (j) Pending adjudication, the Court may defer proceedings pending further investigation, medical or other examination, or where the interest of a child will thereby be served. (k) For purposes of subsections (a)-(c) of this section above, the term “the Court” shall mean both the Justice of the Peace Court and the Family Court. In all other subsections the term shall mean the Family Court only.

Del. Code tit. 10, § 1007A Determination of competency of child.

(a) Definitions. — For the purpose of this section, the following definitions shall apply: (1) “Competency evaluator” shall mean an expert qualified by training and experience to conduct juvenile competency evaluations, familiar with juvenile competency standards, and familiar with juvenile treatment programs and services. (2) “Not competent” shall mean a child who is unable to understand the nature of the proceedings against the child, or to give evidence in the child’s own defense or to instruct counsel on the child’s own behalf. (b) Procedure to determine competency; competency evaluation. — (1) The issue of whether a child within Family Court jurisdiction, and not subject to § 1010(a) or (c)(3) of this title, is competent to proceed to trial may be raised by any party by the filing of a written motion or may be raised by the Court sua sponte . The motion shall state with specificity the facts that support the request for a competency evaluation. Any issues related to competency that are raised post adjudication shall be raised and decided by the Court based on applicable Family Court Rules and case law. The issue of whether a child subject to § 1010(a) or (c)(3) of this title is competent to proceed shall be determined by the Superior Court consistent with the rules and procedures of that Court and any other applicable law. (2) If the Court determines that there are facts that support the completion of a competency evaluation, the prosecution of the case shall be stayed and the Court shall order that a competency evaluation be performed by a competency evaluator. (3) The competency evaluation shall be performed and submitted to the Court within 30 days of the date that the competency evaluation is ordered by the Court if the child is in secure or nonsecure detention, and within 60 days if the child is not detained. Pending completion of the competency evaluation and a final determination of competency by the Court, the child’s bail, placement, and conditions of bail shall continue to be determined pursuant to § 1007 of this title, and the applicable bail guidelines. The Court may order the competency evaluation to be performed on an outpatient basis or may place the child in a secure or nonsecure facility in order to facilitate the completion of the evaluation after considering less restrictive alternatives pursuant to § 1007 of this title. (4) The competency evaluation submitted by the competency evaluator to the Court shall: a. Specifically address the child’s ability to understand the nature of the proceedings against the child, the ability of the child to give evidence in the child’s own behalf, and the ability of the child to instruct counsel on the child’s own behalf; and b. Note any mental disorders or incapacities, developmental disabilities, cognitive impairments, and/or chronological immaturity or any other factor affecting competency, and recommend appropriate treatment or services; and c. Specify any conditions that will not result in the restoration or acquisition of competency even with treatment. Statements made by the child as part of the competency evaluation may not later be admitted as evidence at trial. (5) Upon completion of the competency evaluation: a. The parties may stipulate that the child is either competent or not competent and submit a stipulation to the Court for approval; or b. Either party may retain their own competency evaluator to perform an additional evaluation; or c. Either party may request that the Court hold a competency hearing. (c) Court findings. — (1) If the Court rules after a stipulation or competency hearing that a child is competent, the prosecution of the case shall resume. If the Court rules that the child is not competent, the Court shall then make a finding of whether competency can be timely restored or acquired. If there is a reasonable expectation that competency can be timely restored or acquired, the Court shall order appropriate treatment or services based on the findings and recommendations contained in the competency evaluation. The underlying bases for a finding that a child is not competent may include, but are not limited to, significant mental disorder or incapacity, significant developmental delay, significant cognitive impairment, and/or chronological immaturity. A child’s age alone may not serve as the basis for a finding that a child is not competent. The finding must be based on the individual child’s capacities for competency. (2) While the child undergoes treatment or services, bail, conditions of bail and placement shall continue to be determined pursuant to § 1007 of this title, and applicable bail guidelines. Prior to making a bail decision, the Court shall consider less restrictive alternatives pursuant to § 1007 of this title, and if the Court places or continues to place a child in secure detention, the Court shall state in writing the basis for its detention decision. The Court shall schedule review hearings to evaluate whether competency has been restored or acquired at least every 6 months. The Court may order further competency evaluations to assist the Court in determining whether competency has been restored or acquired. When the Court determines that competency has been restored or acquired, the prosecution of the case shall resume. (3) If the Court finds that a child is not competent and is unable to have competency timely restored or acquired, the Court, after a hearing to consider the best interests of the child and the safety of the community, shall: a. Dismiss nonviolent misdemeanor charges within 6 to 12 months; b. Dismiss violent misdemeanor or nonviolent felony charges within 12 to 24 months; c. Dismiss violent felony charges at age 18, unless the child was under age 14 at the time of arrest for violent felonies in which case the Court shall consider dismissal of violent felonies within 18 to 36 months. The Court shall hold review hearings at least every 6 months until the case is dismissed, and may continue to order appropriate services until the case is dismissed. (d) Limitation on competency finding. — Any finding by the Court regarding the competency of a child is limited to the specific delinquency proceedings at issue when competency is raised, and that finding shall not be the basis for any determination of competency in another court, competency as a witness in any proceeding, or competency to be proceeded against in another delinquency proceedings or any other proceedings in this Court.

Del. Code tit. 10, § 1007B Use of restraints on a child.

(a) Instruments of restraint, such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, and other similar items, may not be used on a child during a court proceeding and must be removed either prior to or after the child has entered the courtroom for an appearance before the Court unless the Court finds both of the following conditions are met: (1) The use of restraints is necessary due to 1 of the following factors: a. The juvenile is presently uncontrollable and constitutes a serious and evident danger to the juvenile or others; b. There are safety risks for the youth or staff in the courtroom, including but not limited to the presence of known gang associates, or other individuals including relatives, who could pose a risk to youth and staff; c. The juvenile has a history of noncompliance with law enforcement, court security, and DYRS staff, including evidence of prior attempts to escape custody, disruptive behavior at a detention facility, and other relevant factors. (2) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another person, including, but not limited to, the presence of court personnel, law-enforcement officers, or bailiffs. (b) In making a determination that restraints are necessary, the Court may receive and consider such information and evidence it believes relevant to the findings required by subsection (a) of this section. The Court shall provide the child or child’s attorney an opportunity to be heard as part of any hearing to determine whether the use of restraints is necessary. If restraints are ordered, the Court shall make written findings of fact in support of the order. (c) Any use of restraints shall allow the child limited movement of the hands to read and handle documents and writings necessary to the hearing.

Del. Code tit. 10, § 1007C Appointment of counsel for juveniles.

(a) A juvenile against whom delinquency proceedings have been initiated shall have the right to counsel at all stages. (b) If a juvenile is not represented by counsel at the juvenile’s initial Family Court appearance, the Court shall order the Chief Defender to assign counsel to represent the juvenile. (c) The juvenile’s right to be represented by counsel under subsection (a) of this section shall not be waived: (1) By a juvenile of any age where the delinquent act the juvenile is accused of is a felony. (2) By a juvenile of any age who is in the custody of the Division of Family Services. (3) By a juvenile who is younger than 16 years of age at the time of the attempted waiver. (4) By a juvenile whose family member, guardian, or custodian is the alleged victim of the delinquent act or whose interest is determined by the Court to be adverse to the juvenile’s interest. (d) Unless prohibited pursuant to subsection (c) of this section, a juvenile may waive the right to counsel in accordance with Family Court Rules. However, no such waiver shall be permitted unless the juvenile has been informed of the juvenile’s right to counsel, and the consequences of a waiver, through an in-person meeting with counsel. (e) Compensation for the services of appointed counsel may not be assessed against the juvenile, or the juvenile’s parent, guardian, or custodian in a delinquency or criminal proceeding.

Del. Code tit. 10, § 1008 Committee on Dispositional Guidelines for Juveniles.

(a) There is hereby established a Committee on Dispositional Guidelines for Juveniles. (b) The members of the Committee shall include the following persons or their designees: (1) The Chief Judge of the Family Court; (2) Family Court Judge, designated by the Chief Judge; (3) Secretary, Department of Services for Children, Youth and Their Families; (4) Director, Division of Youth Rehabilitative Service; (5) Attorney General; (6) Chief Defender; (7) Executive Director, Criminal Justice Council; (8) Executive Director, Delaware Council on Crime and Justice; (9) Executive Vice President, Child, Inc.; (10) Designee of the United Way of Delaware; (11) Governor’s Assistant for Criminal Justice; (12) Chairperson of the Senate Committee of Children, Youth and Families; (13) Chairperson of the House Committee on Human Resources; (14) Executive Director, Delaware Volunteer Legal Service. (c) The Committee is hereby directed to develop recommendations on guidelines for use in determining dispositions for juvenile offenders. The guidelines shall include clear, consistent and objective criteria for determining that the rehabilitation plan for a youth should include a period of secure incarceration. Such guidelines shall reflect the General Assembly’s intent that only chronic or violent juvenile offenders require secure incarceration, and that other adjudicated youth are more appropriately and effectively served through less restrictive programs. (d) The Committee shall also develop guidelines for the process to be used by the Family Court and the Department of Services for Children, Youth and Their Families in reaching dispositional decisions, which shall include: (1) Consideration of the instant offense(s) for which the youth has been adjudicated; (2) Consideration of the youth’s prior record of delinquency; (3) The availability of less restrictive interventions which will protect public safety and provide the youth an opportunity for rehabilitation. (e) The Committee shall develop a list of services required to provide a full continuum of placement and/or treatment options for adjudicated delinquent youth. In developing this list, the Committee shall: (1) Review available data from both the Family Court and the Department of Services for Children, Youth and Their Families concerning the characteristics of youth who come to the attention of these agencies; (2) Review existing programs and services of the Family Court, the Department of Services for Children, Youth and Their Families, and other social service agencies within the State; (3) Review relevant information describing dispositional practices and services from other states and from the professional literature; and (4) Consult with experts both within and outside the State. (f) The Committee shall prepare a written report and recommendations and shall forward any recommendations requiring legislative action to the appropriate committee(s) of the General Assembly by January 1, 1991.

Del. Code tit. 10, § 1009 Adjudication; disposition following adjudication; commitment to custody of Department of Services for Children, Youth and Their Families; effect.

(a) Where the evidence supports such holding, the Court may declare a child to be dependent, neglected, abused, as those terms are defined by § 902 of Title 16, or delinquent. In declaring a child to be dependent, neglected or abused pursuant to this section, the Court shall give priority to ensuring the well-being and safety of the child. (b) Following an adjudication by the Court in which it declares a child to be dependent or neglected, the Court may: (1) Defer proceedings pending further investigation, medical or other examinations, or where the interests of the child will thereby be served; (2) Allow a child to remain in the child’s own home with or without court supervision; (3) Grant custody of a child to any person or agency where satisfactory arrangements can be made but, in the event the child is placed in a home of an “adult individual” who fails to meet the definition of a “relative” in § 901 of this title, § 351 [repealed] of Title 31 shall apply; (4) Refer the child to the Department of Services for Children, Youth and Their Families for protective supervision; (5) Grant custody of a child to the Department of Services for Children, Youth and Their Families for foster home placement; (6) Grant the care or custody of a child to any licensed child-placing agency in this State that will accept the child, provided satisfactory arrangements can be made; (7) Grant the care or custody of a child to any division of the Department of Services for Children, Youth and Their Families provided by the State for the care of children; (8) Grant the care or custody of a child to any private institution within or without the State that cares for children, provided satisfactory arrangements can be made; (9) Grant the care or custody of a child to any religious child-caring agency or institution, preferably of the child’s religious faith or that of the parents, or either of them, within or without the State provided satisfactory arrangements can be made; (10) Commit a child with a mental disorder or incapacity, or child with an intellectual disability for observation or treatment to any appropriate institution within the State, or to any institution without the State provided satisfactory arrangements can be made; (11) Order such other treatment, rehabilitation or care as in the opinion of the Department of Services for Children, Youth and Their Families would best serve the needs of the child and society. (c) Following an adjudication in which the Court declares that a child is delinquent, it may: (1) Defer proceedings pending further investigation, medical or other examinations, or where the interests of the child will thereby be served, and release the child upon the child’s own recognizance or upon the recognizance of a custodian or near relative, or upon bond with surety, to appear whenever and wherever notified to do so, or where the required bond is not provided, detain the child in a facility of the Department of Services for Children, Youth and Their Families; (2) Allow a child to remain in the child’s own home with or without Court supervision; (3) Place a child on probation; (4) Fine a child for a Title 21 offense or order community service hours in lieu of a fine for a Title 21 offense; (5) Order a child to make monetary restitution in whole or in part as the Court determines for out-of-pocket costs, losses or damages caused by the delinquent act of the child where the amount thereof can be ascertained; (6) Award a judgment in favor of any municipal corporation, county, town, school district or agency of the State, or any person, partnership, corporation or association, or any religious organization whether incorporated or not, and against the parents or guardians of the delinquent child for the same or greater amount ordered against the delinquent child but not to exceed $5,000, provided that the Court finds by a preponderance of the evidence presented that: a. The parents or guardians knew of the child’s delinquent nature; and b. The parents or guardians failed to take reasonable measures to control the child; (7) Require that any restitution ordered against the delinquent child precede the liability of the parents or guardians for the monetary damages caused by the child’s delinquent act; (8) Require, in the absence of objections by the victim of the delinquent act of the child, that any restitution ordered against the delinquent child may be discharged in an appropriate community service arrangement with the understanding that failure to complete the community service work in good faith shall result in the reversion of this obligation to the monetary basis originally ordered by the Court; (9) Award custody of a child to the Department of Services for Children, Youth and Their Families; (10) Commit a child with a mental disorder or incapacity, or child with an intellectual disability for observation or treatment to any appropriate institution within the State, or to any institution without the State provided satisfactory arrangements can be made; (11) Grant the care or custody of a child to any private institution within or without the State that cares for children, provided satisfactory arrangements can be made; (12) Order the Motor Vehicle Division of the Department of Transportation to: a. Revoke or suspend the driving privileges or operator’s license possessed by the child; b. Postpone the child’s eligibility to obtain driving privileges or an operator’s license if the child does not possess such privilege or license; or c. Enter immediately all traffic, alcohol and/or drug adjudications of any minor on a driving record created by the Division of Motor Vehicles notwithstanding the minor’s driver’s license status, age and/or eligibility for a driver’s license in any case for a period not less than 3 months nor more than 4 years; (13) Grant custody of a person who is charged with an act of delinquency prior to reaching the age of 18 years but becomes 18 years of age prior to disposition of the charge, to the Department of Services for Children, Youth and Their Families; (14) Order the child to be placed under house arrest under the same requirements set forth in § 4332 and subchapter IX of Chapter 43 of Title 11; (15) Order such other treatment, rehabilitation or care as in the opinion of the Department of Services for Children, Youth and Their Families would best serve the needs of the child and society. (16) [Repealed.] (17) When the Court sentences a child to participate in counseling, mental health treatment or to a Division of Prevention and Behavioral Health Services consultation or assessment as required, the Court shall be authorized, in addition to any other disposition authorized by this section, to order such child’s parents, guardian or custodian to participate in counseling as determined by the Court or as recommended by the Division of Prevention and Behavioral Health Services. Such counseling shall be designed to assist in deterring future delinquent or unruly actions or other conduct or conditions which would be harmful to the child or society. If the child is court-ordered into a detention facility or residential treatment facility, the Court may order the parents, guardian or custodian to participate in any treatment or counseling program recommended by the facility; (18) Order any and all registrations or relief therefrom as required under § 4123 of Title 11 where the juvenile has been adjudicated delinquent of an offense that would otherwise render the juvenile a sex offender under § 4121(a)(4) of Title 11; (19) Notwithstanding any provision of law or court rule to the contrary, and except for any assessment imposed pursuant to Chapter 90 of Title 11, waive or suspend payment of any fine, cost or penalty assessment, including those otherwise deemed mandatory or not subject to waiver or suspension, as part of the sentence imposed on a delinquent child. The authority given the Court by paragraphs (c)(5), (6), (7) and (8) of this section shall be in addition to any other existing statutory or common law remedy. (d) For the purposes of this section, the phrase “provided satisfactory arrangements can be made” shall mean that the Department of Services for Children, Youth and Their Families has approved payment for the placement of a child based upon a contract between an agency or institution and the Department or that such a placement can provide a child with the necessary and/or appropriate treatment and/or rehabilitation in the judgment of the Department of Services for Children, Youth and Their Families. (e) [Repealed.] (f) Following adjudication or election by the juvenile in lieu of trial under § 4177B of Title 21, the Court must order the Motor Vehicle Division of the Department of Transportation after an adjudication of delinquency in violation of § 4177 of Title 21, or election by the juvenile in lieu of trial under § 4177B of Title 21 to: (1) Revoke or suspend the driving privileges or operator’s license possessed by such child until that child reaches the age when legally allowed to consume intoxicating liquor. This revocation or suspension shall not be subject to waiver except after a minimum period of 6 months from the date of the license is received by the Motor Vehicle Division, and then only if the child successfully completes a course of instruction similar to that required by § 4177B of Title 21 and has demonstrated a critical need for the return of restricted driving privileges. (2) A critical need shall include loss of a meaningful employment opportunity, or loss of a school opportunity, or any other urgent need of the child or the child’s immediate family the continuation of which is critical to the best interests of the child but only if and for so long as no other member of the immediate family is realistically capable of satisfying such urgent need. (3) The Division of Motor Vehicles shall promulgate such rules and regulations as are necessary to verify the existence of a critical need, to permit the return of only so much of the privileges as are necessary to reasonably satisfy such critical need. (4) [Repealed.] (5) The Department, upon receiving a record of conviction of any person upon the charge of operating a motor vehicle in violation of the conditions imposed upon said conditional/restricted license during the period of such conditional/restricted license, shall forthwith direct such person to surrender said conditional/restricted license to the Department until the age when legally allowed to consume intoxicating liquor. (g) A child who is adjudicated delinquent on charges which would constitute a violation of § 2701 of Title 21 if the child were charged as an adult shall be prohibited from receiving a temporary instruction permit or an operator’s license until the later of the child’s 17th birthday or 1 year from the date of adjudication. (h) No adjudication upon the status of a child shall be deemed a conviction nor shall it be deemed to imply that a child is a criminal except as provided in § 1010 of this title, any other provision of this Code, any court rule or rule of procedure or otherwise as determined by any court to be warranted in the interest of justice. (i) Neither the adjudication nor any evidence given in any case shall be admissible against such child in any future civil or criminal proceeding in any court except for the purpose of a presentence investigation ordered by this or any other court, or as provided for by any other provision of this Code, any court rule or rule of procedure or otherwise as determined by any court to be warranted in the interest of justice. (j) No dependent or neglected child shall be placed in a secure or nonsecure detention or correctional facility unless charged with or found to have committed a delinquent act. Except for youth placed, detained, or sentenced pursuant to § 2103A [repealed] or § 4204A of Title 11 and except for youth otherwise properly proceeded against as adults in Superior Court, no child shall be placed in an adult detention or adult correctional facility. (1)-(5) [Repealed.] (k) (1) Subject to the provisions governing amenability pursuant to § 1010 of this title, the Court shall commit a delinquent child 16 years of age or older to the custody of the Department of Services for Children, Youth and Their Families if the child who has been adjudicated delinquent by this Court of 1 or more offenses which were committed after the child’s sixteenth birthday, which would constitute either possession of a firearm during the commission of a felony or robbery first degree (where such offense involves the display of what appears to be a deadly weapon or involves the representation by word or conduct that the person was in possession or control of a deadly weapon or involves the infliction of serious physical injury upon any person who was not a participant in the crime) were the child charged as an adult under the laws of this State. Upon adjudication, such child is declared a child in need of mandated institutional treatment, and this Court shall commit the child so designated to the Department of Services for Children, Youth and Their Families for a minimum sentence of 6 months of Level V incarceration or institutional confinement for a first offense, and 1 year of Level V incarceration or institutional confinement for a second and each subsequent offense, which shall not be subject to suspension. (2) A child committed to the custody of the Department of Services for Children, Youth and Their Families pursuant to this subsection shall not be released from institutional confinement on pass, on extended leave or to aftercare during the first 6 months of said commitment unless the Director of Youth Rehabilitation Services, in the Director’s discretion, determines that it is in the best interest of the child’s treatment to participate in programs which may require the child to leave the institution; thereafter, a child committed to the Department of Services for Children, Youth and Their Families pursuant to this subsection shall not be released from institutional confinement on pass, on extended leave or to aftercare, unless the Judge of the Family Court who originally sentenced the child or a Judge of the Family Court designated by the Chief Judge, upon a petition filed by the Department of Services for Children, Youth and Their Families, the child, the parent or parents or guardian of said child, or by the Court’s own initiative, with notice to the Attorney General, determines by a preponderance of the evidence presented at a hearing that the child has progressed in a course of mandated institutional treatment that release would serve both the welfare of the public and the interest of the child or be in the best interest of the child’s treatment to participate in programs which may require the child to leave the institution as determined by the Director of Youth Rehabilitation Services; (3) Whenever a child appears before the Court on charges subject to the minimum commitment provisions of this subsection or § 1448 of Title 11, said child and the parent, guardian or custodian of said child who is present shall be specifically advised of the operation of this subsection; (4) Nothing provided herein shall be construed as prohibiting the Court, upon petition and recommendation of the Department of Services for Children, Youth and Their Families, from securing for any child otherwise subject to the minimum commitment provisions of this subsection or § 1448 of Title 11, such care and treatment as it deems necessary for diagnosed mental disorders or incapacities, or intellectual disabilities, provided that the provisions for such treatment shall not deter the Court from imposing such minimum term of commitment as is applicable.

Del. Code tit. 10, § 1009A Probation before adjudication of delinquency.

After accepting an admission or a plea of nolo contendere to an act of delinquency, the court may, prior to entering an adjudication of delinquency, under § 1009 of this title and with the consent of the child and the State, stay the declaration of delinquency, defer further proceedings, and place the child on probation before adjudication subject to the same limitations and upon the same terms and conditions as are applied to adult criminal offenders in § 4218 of Title 11.

Del. Code tit. 10, § 1010 Proceeding against child as an adult; amenability proceeding; referral to another court.

(a) A child, aged 16 or older, shall be proceeded against as an adult where: (1) The acts alleged to have been committed constitute first- or second-degree murder, rape in the first degree or rape in the second degree, assault in the first degree, robbery in the first degree (where such offense involves the display of what appears to be a deadly weapon or involves the representation by word or conduct that the person was in possession or control of a deadly weapon or involves the infliction of serious physical injury upon any person who was not a participant in the crime and where the child has previously been adjudicated delinquent of 1 or more offenses which would constitute a felony were the child charged under the laws of this State) or kidnapping in the first degree, or any attempt to commit said crimes. (2) The child is not amenable to the rehabilitative processes available to the Court. (3) The child has previously been adjudicated delinquent of 1 or more offenses which would constitute a felony were the child charged as an adult under the laws of this State, and has reached that child’s sixteenth birthday and the acts which form the basis of the current allegations constitute 1 or more of the following offenses: conspiracy first degree, rape in the third degree, arson first degree, burglary first degree, home invasion, § § 4752 and 4753 of Title 16 or any attempt to commit any of the offenses set forth in thisparagraph. (4) The General Assembly has heretofore or shall hereafter so provide. (5) Notwithstanding any in this Code to the contrary, a child over the age of 12 and under the age of 16 may be proceeded against as an adult only when they are alleged to have committed murder in the first degree, murder in the second degree, rape in the first degree, or rape in the second degree. (6) The child would be eligible to be tried as an adult under this section and the crime or delinquent act was committed within the boundaries of a military installation, so long as concurrent juvenile legislative jurisdiction is established under § 108 of Title 29. (b) In all cases specified in subsection (a) of this section the Court shall, upon application, hold a preliminary hearing and, if the facts warrant, thereafter refer the child to the Superior Court or to any other court having jurisdiction over the offense for trial as an adult. (c) (1) In determining whether a child is amenable to the rehabilitative processes of the Court, the Court shall take into consideration, among others, the following factors which are deemed to be nonexclusive: a. Whether, in view of the age and other personal characteristics of the child, the people of Delaware may best be protected and the child may best be made a useful member of society by some form of correctional treatment which the Family Court lacks power to assign; or b. Whether it is alleged death or serious personal injury was inflicted by the child upon anyone in the course of commission of the offense or in immediate flight therefrom; or c. Whether the child has been convicted of any prior criminal offense; or d. Whether the child has previously been subjected to any form of correctional treatment by the Family Court; or e. Whether it is alleged a dangerous instrument was used by the child; or f. Whether other participants in the same offense are being tried as adult offenders. (2) The Court shall defer further proceedings in the Family Court and shall conduct a hearing to determine whether the child is amenable to the rehabilitative process of the Court: a. Upon motion of the Court, whenever a child, aged 16 or older, is charged with delinquency. b. Upon motion of the Attorney General, whenever a child has reached that child’s sixteenth birthday and is thereafter charged with being delinquent. c. [Repealed.] (3) Notwithstanding any provision of this section or title to the contrary, any child who has previously been declared to be nonamenable to the rehabilitative processes of the Court pursuant to this section, or who has previously been the subject of a denied application for transfer pursuant to § 1011 of this title, and who thereafter is charged with being delinquent shall be referred to the Superior Court or to any other court having jurisdiction over the offense for trial as an adult. If it decides that the child is amenable, it may proceed to hear the case. If it decides that the child is not amenable, it shall refer the child to the Superior Court or to any other court having jurisdiction over the offense for trial as an adult. (d) Notwithstanding any provisions of this title to the contrary, in any case in which the Superior Court has jurisdiction over a child, the Court shall retain jurisdiction for purposes of sentencing and all other postconviction proceedings if any judge or jury shall find the child guilty of a lesser included crime following a trial or plea of guilty or nolo contendere unless the prior Family Court order has been reversed by the Supreme Court under subsection (e) of this section. (e) In the event the Family Court finds the child is not amenable, and the child subsequently enters a plea of guilty or nolo contendere in the Superior Court, the child shall have the right, within 30 days of their sentence, to directly appeal the finding of nonamenability and transfer to the Supreme Court. No plea may be conditioned on a child waiving the child’s right of appeal under this subsection. (f) Notwithstanding any provision of this section or title to the contrary, when a child has reached the child’s sixteenth birthday and is thereafter charged with being delinquent by having committed any offense which would constitute a felony were the child charged as an adult under the laws of this State, said offense occurring while the child was an escapee from any Level IV or V facility operated for or by the Department of Services for Children, Youth and Their Families, upon motion of the Attorney General, or upon its own motion, the Court shall defer further proceedings in the Family Court and shall conduct a hearing to determine whether the child should be referred to the Superior Court for trial as an adult. If, at the conclusion of the hearing, the Court finds that evidence demonstrates that there is a fair likelihood that the child may be convicted of the charge or charges, it shall refer the child to the Superior Court for trial as an adult. If, at the conclusion of the hearing, the Court determines that there is no fair likelihood of conviction, the case shall remain within the jurisdiction of the Family Court, subject to all other provisions of this section and title.

Del. Code tit. 10, § 1011 Transfer of cases from Superior Court to Family Court; appeals of denials of transfers.

(a) In any case in which the Superior Court has jurisdiction over a child, the Attorney General may transfer the case to the Family Court for trial and disposition if, in the Attorney General’s opinion, the interests of justice would be best served. (b) Upon application of the defendant in any case where the Superior Court has original jurisdiction over a child, the Court may transfer the case to the Family Court for trial and disposition if, in the opinion of the Court, the interests of justice would be best served by such transfer. Before ordering any such transfer, the Superior Court shall hold a hearing at which it may consider evidence as to the following factors and such other factors which, in the judgment of the Court are deemed relevant: (1) The nature of the present offense and the extent and nature of the defendant’s prior record, if any; (2) The nature of past treatment and rehabilitative efforts and the nature of the defendant’s response thereto, if any; and (3) Whether the interests of society and the defendant would be best served by trial in the Family Court or in the Superior Court. (c) (1) The hearing described in subsection (b) of this section shall be held by the Superior Court only upon timely application of the defendant. Such application shall be deemed timely if made within 60 days of arraignment. The Court may enlarge said time period for good cause. (2) The hearing shall be held by the Superior Court as soon after such application is made as is practicable. Within 90 days of the arraignment, the Superior Court shall announce its decision as to whether the case is to be transferred to the Family Court; however, the Court’s failure to do so shall not be considered as providing a basis for transferring the case to the Family Court, for dismissing the charges, or for providing any other form of relief. (d) In the event the case is transferred by the Superior Court under this section, the case shall proceed as if it had been initially brought in the Family Court, and the Family Court shall have jurisdiction of the case, anything to the contrary in this chapter notwithstanding. (e) In the event the Superior Court denies the application to transfer the case to the Family Court and the child subsequently enters a plea of guilty or nolo contendere, the child shall have the right, within 30 days of the child’s sentence, to directly appeal the denial of transfer to the Supreme Court. No plea may be conditioned on a child waiving the child’s right of appeal under this subsection. (f) Notwithstanding any provision of this section or title to the contrary, the Superior Court shall retain jurisdiction over any case involving a child where the child has previously been declared to be nonamenable to the rehabilitative processes of the Family Court pursuant to § 1010 of this title, or where the child has previously been the subject of a denied application for transfer pursuant to this section, or where the child has previously been convicted as an adult of any felony as set forth in Title 11 or 16, unless the prior Superior Court order has been reversed by the Supreme Court under this section.

Del. Code tit. 10, § 1013 Automatic expungement of juvenile record by effect of a Delaware gubernatorial pardon.

Any individual who receives a Delaware gubernatorial pardon shall, as an effect of said pardon, automatically have that individual’s juvenile record, if any, expunged.

Del. Code tit. 10, § 1014 Juvenile expungement; statement of policy.

The General Assembly finds that a juvenile criminal history is a hindrance to a person’s present and future ability to obtain employment, housing, education, or credit. This subchapter is intended to protect children and citizens from unwarranted damage which may occur as a result of a juvenile criminal history.

Del. Code tit. 10, § 1015 Filing an expungement petition.

(a) Persons eligible to petition for expungement. — Persons eligible to petition for expungement. A child, through the child’s parent, guardian, guardian ad litem, or attorney, or upon becoming an adult, may file a petition seeking to expunge part or all of the child’s juvenile arrest record. For the purposes of §§ 1016-1019 of this title, the child or person seeking an expungement is deemed “the petitioner.” A petition for expungement may include all cases for which the petitioner is eligible for expungement under § 1017(a) or § 1018(a) of this title. (b) Prohibitions to expungement. — Except for cases eligible for expungement under § 1017(a)(1) through (a)(2) of this title, all of the following apply: (1) No person who has been adjudicated delinquent of first-degree murder (§ 636 of Title 11), second-degree murder (§ 635 of Title 11), first-degree kidnapping (§ 783A of Title 11), manslaughter (under either § 632(2) or (5) of Title 11), rape in the first degree (§ 773 of Title 11), rape in the second degree (§ 772 of Title 11), arson in the first degree (§ 803 of Title 11), or an attempt to commit any of the offenses listed in this paragraph (b)(1) is eligible for a juvenile expungement under § 1017 or § 1018 of this title. (2) No person who has an adult conviction is eligible for a juvenile expungement. (3) No person is eligible for an expungement while such person has pending criminal charges. (4) Offenses under Title 21 are not eligible for expungement and are not considered an adjudication or conviction for purposes of this statute. However, a felony conviction for driving a vehicle while under the influence is considered a conviction for purposes of this statute. (c) Jurisdiction. — All such petitions shall be filed in the Family Court in the county where the most recent case was terminated, disposed of, or concluded, even if the petition includes cases from more than 1 county. (d) Contents of petition. — (1) The petition shall set forth the relevant facts and request expungement of the police records and court records, and all indicia of arrest, including any electronic records, relating to the charge or charges. (2) For discretionary petitions filed pursuant to § 1018 of this title, the petition shall also specifically set forth relevant facts demonstrating that the continued existence and possible dissemination of information relating to the arrest and, where applicable, adjudication, of petitioner causes, or may cause, circumstances which constitute a manifest injustice to the petitioner. (3) Except as permitted by the Court pursuant to § 1017(c) of this title, the petitioner shall attach a copy of that petitioner’s criminal history as maintained by the State Bureau of Identification to any petition filed pursuant to this subchapter. The State Bureau of Identification may charge a reasonable fee in providing a certified copy of the petitioner’s criminal history. The Court shall summarily reject any petition for expungement that does not include the petitioner’s criminal history. (e) (1) The Family Court shall consider the entire criminal history as maintained by the State Bureau of Identification in granting or denying the petition, consistent with §§ 1017 and 1018 of this title. (2) The Court shall either grant the petition, ordering the expungement of part or all of the petitioner’s juvenile criminal history, including all indicia of arrest, except for Title 21 offenses, or deny the petition. The Court may not order that only a portion of the petitioner’s juvenile criminal history be expunged, unless any of the following apply: a. The State, under § 1018(f) of this title in the interests of justice, petitions the Court to expunge an arrest that would otherwise not qualify for immediate and mandatory expungement under this subchapter. b. A case is eligible for expungement under § 1017(a)(1) through (a)(2) of this title. (3) The Court may order expungement of charges originating in a different county.

Del. Code tit. 10, § 1016 Definitions applicable to juvenile expungements.

For purposes of juvenile expungement, unless the context otherwise requires: (1) “Adjudication of delinquency” means a finding of guilt or nolo contendere entered by the court for a charge or charges following a plea or trial. (2) “Adult conviction” means a finding of guilt or nolo contendere entered by a court for a charge or charges following a plea or trial. Only offenses, whether set forth in Delaware law or regulation or any municipal code, ordinance, or regulation, for which a period of incarceration may be imposed shall be considered an adult conviction for purposes of a juvenile expungement. (3) “Case” means a charge or set of charges related to a complaint or incident that are or could be properly joined for prosecution. (4) “Felony sex offense” means a delinquent act constituting any felony offense listed in § 4121(a)(4) of Title 11. (5) “Misdemeanor sex offense” means a delinquent act constituting any misdemeanor offense listed in § 4121(a)(4) of Title 11. (6) “Terminated in favor of the child” means 1 of the following occurs: a. The child is acquitted of all charges related to the case. b. A nolle prosequi is entered on all charges related to the case. c. The charges have been otherwise dismissed for any reason, including dismissals following successful completion of arbitration, probation before adjudication of delinquency, or any court-approved diversion program. d. The child is arrested for the commission of 1 or more crimes and no charges related to the matter for which the child was arrested are filed in a court within 1 year of the arrest. e. A charge or case is 7 or more years old and there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending. This paragraph (6)e. does not apply if there is an active warrant in the case, if there is a documented case activity within the last 12 months, or if there are other charges in the case that were not terminated in favor of the child. (7) “Violent felony” means a delinquent act constituting any offense listed in § 4201 of Title 11. (8) [Repealed.]

Del. Code tit. 10, § 1017 Mandatory expungement.

(a) The Family Court shall grant a petition for expungement if 1 or more of the following apply to the person’s juvenile criminal history: (1) A case was terminated in favor of the child. (2) A case that resulted in an adjudication of delinquency only for 1 or more of the following: a. Underage possession or consumption of alcohol under § 904(e) or (f) of Title 4. b. Possession of marijuana under § 4764 of Title 16. c. Possession of drug paraphernalia under § 4771 of Title 16. (3) The person’s juvenile criminal history includes no more than 1 felony, misdemeanor, or violation case that resulted in an adjudication of delinquency and at least 3 years have passed since the date of adjudication, provided that all of the following apply: a. The adjudication was not for a violent felony, felony sex offense, or misdemeanor sex offense as those terms are defined in § 1016 of this title. b. The petitioner has no prohibitions under § 1015(b) of this title. (b) The petitioner is not required to serve a copy of the petition on the Attorney General’s office when filing for mandatory expungement pursuant to this section. If the Court finds that a mandatory expungement petition does not meet the requirements for granting and sua sponte considers it as a petition for discretionary expungement, the Court shall serve a copy of the petition on the Attorney General’s Office. (c) During the Court proceeding where any felony, misdemeanor or violation case is terminated in favor of the child, the Court sua sponte, or upon request of any party, may immediately order expungement of the entire juvenile criminal history or a case, including all indicia of arrest. Prior to ordering expungement under this subsection, the Court shall review a name-based Delaware criminal background check conducted through the Delaware Justice Information System (DELJIS), in order to ensure eligibility. The Court has discretion to deny immediate expungement and require compliance with § 1015(d) of this title. An order to expunge a felony, misdemeanor, or violation case from the juvenile’s record, under this subsection, shall be stayed for 30 days and may, upon motion by the Attorney General, be vacated within that 30 days, as prescribed by Delaware law. This stay does not toll the applicable appeal period. (d) For purposes of determining eligibility for expungement under this section, any charge that is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending shall be considered dismissed and shall not negatively affect expungement eligibility. This subsection does not apply if there is an active warrant in the case or if there is documented case activity within the last 12 months.

Del. Code tit. 10, § 1017A Mandatory expungement; automatic.

(a) A case that is eligible for mandatory expungement under § 1017 of this title is eligible for automatic expungement under this section. (b) Beginning August 1, 2024, on a monthly basis, the State Bureau of Identification shall identify cases that are eligible for mandatory expungement and proceed under § 1019 of this title to expunge the eligible records. (c) The Department of Safety and Homeland Security may promulgate reasonable regulations necessary for the State Bureau of Identification to accomplish the purposes of this section. (d) Nothing in this section precludes an individual from filing a petition for expungement of records under § 1017(a) of this title that are eligible for automatic expungement under this section if an automatic expungement has not occurred. (e) An individual does not have a cause of action for damages as a result of the failure to identify an individual’s case as eligible for automatic expungement.

Del. Code tit. 10, § 1018 Discretionary expungement.

(a) The Family Court may grant a petition for expungement if the petitioner has no prohibitions pursuant to § 1015(b) of this title and the person’s juvenile criminal history contains 1 of the following: (1) [Repealed.] (2) A single case that resulted in an adjudication of delinquency for a “misdemeanor sex offense” or “violent felony,” as those terms are defined in § 1016 of this title, and at least 3 years have passed since adjudication. (3) No more than 1 case which resulted in adjudication of delinquency for a felony sex offense and at least 5 years have passed since adjudication. (4) Multiple adjudications for cases, excepting Title 11 violent felonies and felony sex offenses, and at least 5 years have passed since the last adjudication. (5) Multiple adjudications for cases, that include Title 11 violent felonies and felony sex offenses, and at least 7 years have passed since the last adjudication. (b) The petitioner shall cause a copy of any petition for discretionary expungement filed under this section to be served upon the Attorney General’s office, who may file an objection or answer to the petition within 30 days thereafter. (c) Upon receipt of any petition for discretionary expungement that involves a violent felony for a “victim” as defined in § 9401 of Title 11 that was not terminated in favor of the child, the Attorney General’s office shall contact each victim under § 9414(a) of Title 11 to ascertain the victim’s position on the petition for expungement. The victim’s position, if known, shall be stated in the Attorney General’s answer to the petition. (d) Unless the Court believes a hearing is necessary and upon consideration and review of any comments or objections received from victim(s) pursuant to subsection (c) of this section, petitions filed pursuant to this section shall be disposed of without a hearing. If the Court finds that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes, or may cause, circumstances which constitute a manifest injustice to the petitioner, it shall enter an order requiring the expungement of the police and court records and all other indicia of arrest, including any electronic records, relating to the charge or case. Otherwise, it shall deny the petition. Although the Court will recognize a rebuttable presumption that juvenile records cause a manifest injustice for the petitioner, the burden shall nevertheless be on the petitioner to allege specific facts in support of that petitioner’s allegation of manifest injustice, and the burden shall be on the petitioner to prove such manifest injustice by a preponderance of the evidence. (e) The Attorney General’s office shall be made party defendant to a proceeding for discretionary expungement. Any party aggrieved by the decision of the Court may appeal, as prescribed by Delaware law. (f) Notwithstanding any provision of this subchapter or any other statute or rule to the contrary, the Attorney General or the Attorney General’s designee responsible for prosecuting a delinquency action may petition the Court to expunge the instant arrest record of a child if, at the time of a state motion to dismiss or entry of a nolle prosequi in the case, the State has determined that the continued existence and possible dissemination of information relating to the arrest of the child for the matter dismissed, or for which a nolle prosequi was entered, may cause circumstances which constitute a manifest injustice to the juvenile. (g) For purposes of determining eligibility for expungement under this section, any charge that is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending shall be considered dismissed and shall not negatively affect expungement eligibility. This subsection does not apply if there is an active warrant in the case or if there is documented case activity within the last 12 months. (h) [Repealed.]

Del. Code tit. 10, § 1019 Effect of expungement; disclosure of expunged records.

(a) The Court shall notify the State Bureau of Identification (Bureau) of any expungement order. If an order expunging part or all of a juvenile criminal history is granted by the court, all indicia of arrest, including police and court records and any electronic records relating to the arrest, and any other items specified in the order shall, within 60 days of receipt of the order, be removed from the files and placed in the control of the Supervisor of the State Bureau of Identification who shall be designated to retain control over all expunged records, and who shall insure that the records or the information contained therein is not released for any reason except as specified in this subchapter. A court or police agency that receives a notice of expungement from the State Bureau of Identification shall provide the Bureau with written confirmation of the completion of the expungement. The State Bureau of Identification shall provide the court that entered the order with written confirmation of the execution of the order. In response to requests from nonlaw-enforcement officers for information or records on the person who was arrested, law-enforcement officers and departments shall reply, with respect to the arrest and proceedings which are the subject of the order, that there is no record. No order requiring an expungement of any record shall be entered or enforced if such order is contrary to the provisions of this subchapter. The State Bureau of Identification shall promptly notify the court if it is unable to comply with any order issued pursuant to this subchapter. (b) A felony adjudication expunged pursuant to this section shall cease to be the basis for a person prohibited pursuant to § 1448(a)(4) of Title 11. (c) An offense for which the juvenile criminal history and indicia of arrest has been expunged pursuant to this subchapter does not have to be disclosed as an arrest by the petitioner for any reason. (d) Except for disclosure to law-enforcement officers acting in the lawful performance of their duties in investigating criminal activity or for the purpose of an employment application as an employee of a law-enforcement agency, it shall be unlawful for any person having or acquiring access to an expunged court or police record to open or review it or to disclose to another person any information from it without an order from the court which ordered the record expunged. In addition to such other lawful purposes as may be prescribed by statute or otherwise, criminal justice agencies shall have access to records of expunged probations before adjudication of delinquency, arbitration and past participation in the First Offenders Controlled Substance Diversion Program or a court-supervised drug diversion program for the purpose of determining whether a person is eligible for a probation before judgment, or probation before adjudication of delinquency as set forth in § 1009A of this title and § 4218 of Title 11, or for participation in the First Offenders Controlled Substance Diversion Program, as set forth in § 4767 of Title 16, or for participation in a court-supervised drug diversion program. (e) Where disclosure to law-enforcement officers is permitted by subsection (d) of this section, such disclosure shall apply for the purpose of investigating particular criminal activity in which the person, whose records have been expunged, is considered a suspect and the crime being investigated is a felony, or pursuant to an investigation of an employment application as an employee of a law-enforcement agency. (f) Nothing contained in this section shall require the destruction of photographs or fingerprints taken in connection with any arrest and which are utilized solely by law-enforcement officers in the lawful performance of their duties in investigating criminal activity. (g) Nothing herein shall require the destruction of court records or records of the Department of Justice. However, all such records, including docket books, relating to a charge which has been the subject of an expungement order shall be handled and stored so as to ensure that they are not open to public inspection or disclosure. (h) Any person who violates subsection (a) of this section shall be guilty of a class B misdemeanor. (i) For a period of 3 years following the date the court grants a petition for expungement, the State Bureau of Identification shall make available to criminal justice agencies such electronic records as will enable criminal justice agencies to determine whether a child or person who seeks to participate in arbitration, a court-supervised diversion program, or probation before adjudication of delinquency, or probation before judgment, has done so before and had their record expunged. (j) (1) If the State Bureau of Identification determines that expungement is mandated under this subchapter, or receives an expungement order from a court, it shall promptly notify all courts and law-enforcement agencies where records pertaining to the case are located or maintained, and any court where the case was terminated, disposed of, or concluded. (2) A court or law-enforcement agency which receives a notice of expungement from the Bureau shall provide the Bureau with written confirmation of the completion of the expungement. Where an expungement of an adjudication of delinquency is granted, all arrest records associated with any charge in that case must also be expunged.

Del. Code tit. 10, § 1021 Prosecution of adults; process; bail.

(a) Prosecution of a person subject to the jurisdiction of the Court who has reached the person’s eighteenth birthday prior to the time of commission of the offense shall be without trial by jury and may be prosecuted either by an information or a complaint. Neither the Attorney General nor any of the Deputy Attorneys General is required to appear to prosecute any such criminal case before a Master. (b) A summons or other process may be employed to command the appearance of such person before the Court. (c) Notwithstanding any other provision in this chapter, such person may be released on the person’s own recognizance; or under such bail as a Judge of the Court may require pending disposition of the case; or, in default of bail, such person may be committed to the Department of Services to Children, Youth, and Their Families or to the Department of Correction, pending disposition of the case. (d) In connection with either a secured release or an unsecured release, a Judge of the Court may impose one or more of the following conditions: (1) Require the person to return to the Court at any time upon notice, and submit to the orders and processes of the Court; (2) Place the person in the custody of a designated person or organization agreeing to supervise the person; (3) Place the person under the supervision of a presentence officer, probation officer or pretrial services officer; (4) Place restrictions on the travel, associations, activities, consumption of alcoholic beverages, drugs or barbiturates or place of abode of the person during the period of release; (5) Require the person to have no contact or restricted contact with the victim, victim’s family, victim’s residence, place of employment, school or location of offense; (6) Require periodic reports from the person to an appropriate agency or officer of the Court, including the attorney for the accused; (7) Require psychiatric or medical treatment of the person; (8) Require the person to provide suitable support for the person’s family under supervision of an office of the Court; (9) Require a person, who has been convicted, to duly prosecute any post-conviction remedies or appeals; and if the case is affirmed, or is reversed and remanded, such person shall forthwith surrender to the Court; (10) Impose any other condition deemed reasonably necessary to assure appearance as required, and to carry out the purposes of this chapter. (e) If the person is committed, in lieu of bail, a Judge of the Court may require such person, while in custody, to have no contact with the victim or with the victim’s family. (f) The accused, or the Attorney General, may apply to the Court for any modification of any determination by the Court as to the decision of the type of release, the amount and nature of the bond or surety or the conditions of release. (g) Where a Judge modifies any bail amount, such Judge shall review conditions and may impose any conditions as are set forth in this section, including specific considerations for the safety of the victim and the community. (h) If the accused has furnished surety, a Judge of the Court shall, at that time, review conditions and may impose conditions as are set forth in this section including specific considerations for the safety of the victim and the community.

Del. Code tit. 10, § 1022 Duties of other courts.

(a) When any adult shall have been arrested for any offense within the jurisdiction of this Court, the arresting officer may bring the person directly to the Court in the appropriate county if it be in session, unless a Judge of the Court directs otherwise, or, if the Court is not in session, before any other criminal court. (b) Such Court shall inquire into the matter and shall hold the accused on the accused’s own recognizance or on bail, with or without surety, and may bind material witnesses for their appearance before this Court at its next session or at such time as they may be notified by this Court to appear; and in default of bail, the accused and material witnesses shall be committed to the Department of Health and Social Services to be delivered to this Court at its next session. All recognizances and bail bonds shall be forthwith forwarded to the Court in the appropriate county. (c) The accused shall, upon application, be granted a preliminary hearing.

Del. Code tit. 10, § 1023 Disposition.

Where the facts warrant the Court may adjudge an adult guilty of the offense charged and may: (1) Impose the penalty provided by law; or (2) Suspend the penalty, or any part thereof, and place the person on probation under such terms and conditions as the Court deems proper.

Del. Code tit. 10, § 1024 First offenders domestic violence diversion program.

(a) For the purposes of this section, “domestic violence” means any act or acts committed by an adult against another person who falls into the protected class defined in § 1041(2)b. of this title, which constitute any of the following criminal offenses under Title 11: (1) Offensive touching (§ 601). (2) Menacing (§ 602). (3) Reckless endangering in the second degree (§ 603). (4) Assault in the third degree (§ 611). (5) Terroristic threatening (§ 621). (6) Vehicular assault in the second degree (former § 628). (7) Sexual harassment (§ 763). (8) Unlawful sexual contact in the third degree (§ 767). (9) Unlawful imprisonment in the second degree (§ 781). (10) Coercion (§ 791). (11) Reckless burning or exploding (§ 804). (12) Criminal mischief classified as a misdemeanor (§ 811). (13) Criminal trespass in the first, second, or third degree (§§ 821, 822, 823). (14) Harassment (§ 1311). (15) Aggravated harassment (former § 1312). (b) Those acts of domestic violence for which an offender may elect to apply for first offender status under this rule shall be limited to the following criminal offenses under Title 11: (1) Offensive touching (§ 601). (2) Menacing (§ 602). (3) Assault in the third degree (§ 611). (4) Terroristic threatening (§ 621). (5) Sexual harassment (§ 763). (6) Criminal mischief classified as a misdemeanor (§ 811). (7) Criminal trespass in the first, second, or third degree (§§ 821, 822, 823). (8) Criminal contempt of a domestic violence protective order or lethal violence protective order (§ 1271A). (9) Harassment (§ 1311). (10) Aggravated harassment (former § 1312). (c) Any adult who meets all of the following may qualify for first offense election: (1) Has not been convicted of a violent felony or any domestic violence offense under Title 11 listed in subsection (a) of this section, or under any statute of the United States or of any state thereof including the District of Columbia relating to a violent felony or acts of domestic violence substantially similar to those criminal offenses listed in subsection (a) of this section. (2) Has not previously been afforded first offender treatment or other diversion programs for domestic violence. (3) Has been charged with a domestic violence offense listed in subsection (b) of this section. (4) [Repealed.] (d) Any person qualifying under subsection (c) of this section as a first offender and who elects to apply under this section shall admit to the offense by entering a plea of guilty, as a first offender. The court, without entering a judgment of guilt and with the consent of the accused and the State, may defer further proceedings and shall place the offender on probation for a period of 1 year upon terms and conditions of which shall include: (1) Enrollment with a Delaware Domestic Violence Coordinating Council certified domestic violence treatment provider for the purposes of evaluation and such treatment as the evaluation counselor deems necessary. (2) Satisfactory completion of the Delaware Domestic Violence Coordinating Council certified treatment program. (3) Evaluation for alcohol and other drug abuse, and successful completion of a course of treatment as may be indicated by the evaluation. (4) Restitution, where appropriate, to the victim. (5) No unlawful contact with the victim during the period of probation. (6) Other such terms and conditions as the Court may impose. (e) If a term or condition of probation is violated, including failure to appear for evaluation at an assigned evaluating agency, the offender shall be brought before the Court, or if the offender fails to appear before the Court, in either case, upon a determination by the Court that the terms have been violated, the Court shall enter an adjudication of guilty and proceed as otherwise provided under Title 11. (f) Upon fulfillment of the terms and conditions of probation, including, but not limited to, satisfactory completion of courses of instruction and/or programs of counseling/rehabilitation, and payment of all costs and fees, the court shall discharge the person and dismiss the proceedings against the offender and shall simultaneously therewith submit to the Attorney General a report thereof which shall be retained by the Attorney General for use in future proceedings, if required. (g) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualification or disabilities imposed by law upon conviction of a crime, except the additional penalties imposed for second or subsequent offenses under Title 11. (h) Any person who elects to apply for first offender status shall by said application be deemed to have waived the right to a speedy trial and further agrees to pay the cost of prosecution as a condition. If a person elects not to apply for first offender status or if the application is not accepted, the matter shall be promptly scheduled for trial. (i) There may be only 1 discharge and dismissal under this section with respect to any person.

Del. Code tit. 10, § 1025 Expungement of adult police and court records.

If a person is charged with or convicted of a crime in Family Court, expungement may be sought under subchapter VII of Chapter 43 of Title 11.

Del. Code tit. 10, § 1026 Expungement of offenses resolved by probation before judgment [Repealed].

Repealed by 77 Del. Laws, c. 348, § 16, effective October 10, 2010.

Del. Code tit. 10, § 1031 Disposition.

In any civil action within the jurisdiction of this Court and upon the petition of a person properly before it, the Court may: (1) Award the custody or possession of a child to any party to the action, establish visitation rights, and, in a proper case, order payment of support for the child. A police officer may enter private property to take physical custody of a child to enforce the Court’s custody order when such order requests the assistance of a police officer; (2) Order a child’s custodian to exercise such care and perform such acts as may be reasonably necessary to insure that the child shall obey the law and receive necessary care; (3) Consent to a child’s employment, or to enlistment into the armed forces, or to receiving medical care as may be required by law; (4) Order a person under a duty to do so to pay through the Court or the Division of Child Support Services or directly to the spouse/ex-spouse or to the custodian of the child reasonable support for the spouse and/or child. And in such cases as the Court may deem appropriate enter an order of final judgment as to any past due support which judgment shall not be subject to subsequent modification by the Court; (5) In an action to prevent a family member from conduct that imperils the family relationship, order the defendant to desist from the acts complained of, or order individual or family counseling with the court staff or with any appropriate counseling agency, or enter such other order as may be required; (6) May commit an adult with a mental disorder or incapacity, or intellectual disability for observation or treatment to any appropriate institution within the State, or to any institution without the State which will consent to receive the person. (7) [Repealed.]

Del. Code tit. 10, § 1041 Definitions [Effective until Jan. 1, 2027].

The following terms shall have the following meanings: (1) “Abuse” means conduct which constitutes any of the following: a. Intentionally or recklessly causing or attempting to cause physical injury or a sexual offense, as defined in § 761 of Title 11. b. Intentionally or recklessly placing or attempting to place another person in reasonable apprehension of physical injury or sexual offense to such person or another. c. Intentionally or recklessly damaging, destroying, or taking the tangible property of another person, including: 1. Legal documents that are the property of another person. 2. Inflicting physical injury on any companion animal or service animal. d. Engaging in a course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress or to provoke a violent or disorderly response, including conduct that is directed towards any companion animal or service animal. e. Trespassing on or in property of another person, or on or in property from which the trespasser has been excluded by court order. f. Child abuse, as defined in Chapter 9 of Title 16. g. Unlawful imprisonment, kidnapping, interference with custody, and coercion, as defined in Title 11. h. Intentionally causing or attempting to cause an adult to be financially dependent by doing either or both of the following: 1. Maintaining overwhelming control over the individual’s financial resources, including withholding access to money or credit cards or forbidding attendance at school or employment without reasonable justification, and against the individual’s will. 2. Stealing or defrauding of money or assets, exploiting the victim’s resources for personal gain, or withholding physical resources such as food, clothing, necessary medications, or shelter. i. Any other conduct which a reasonable person under the circumstances would find threatening or harmful. j. 1. Any of the following acts when used as a method of coercion, control, punishment, or intimidation of a person who has a close bond of affection to the “companion animal” as defined in paragraph (1)j.2. of this section: A. Inflicting or attempting to inflict physical injury on the companion animal. B. Engaging in conduct which is likely to cause the person to fear that the companion animal will be physically injured. C. Engaging in cruelty to the companion animal under § 1325 of Title 11. 2. “Companion animal” means an animal kept primarily for companionship instead of as any of the following: A. A working animal. B. A service animal as defined in § 4502 of Title 6. C. An animal kept primarily as a source of income, including livestock as defined in § 7700 of Title 3. k. “Human trafficking” as defined under § 787 of Title 11. (2) “Domestic violence” means abuse perpetrated by 1 member against another member of the following protected classes: a. Family, as that term is defined in § 901(12) of this title, regardless, however, of state of residence of the parties, or whether parental rights have been terminated; or b. Former spouses; persons cohabitating together who are holding themselves out as a couple, with or without a child in common; persons living separate and apart with a child in common; or persons in a current or former substantive dating relationship. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a substantive dating relationship. Factors to consider for a substantive dating relationship may include the length of the relationship, or the type of relationship, or the frequency of interaction between the parties. (3) “Firearm” means as defined in § 222 of Title 11. (4) “Petitioner” means: a. A person who is a member of a protected class and files a petition alleging domestic violence against such person or against such person’s minor child or an adult who is impaired; b. The Division of Child Protective Services acting in the interest of a minor child and files a petition alleging domestic violence; or c. The Division of Adult Protective Services acting in the interest of an adult who is impaired and files a petition alleging domestic violence. (5) “Protective order” means an order issued by the court to a respondent restraining said respondent from committing domestic violence against the petitioner, or a person in whose interest a petition is brought, and may include such measures as are necessary in order to prevent domestic violence. (6) “Projectile weapon” means as defined in § 222 of Title 11. (7) “Respondent” means the person alleged in the petition to have committed the domestic violence.

Del. Code tit. 10, § 1042 Commencement of action; procedure.

(a) A request for relief from domestic violence is initiated by the filing of a verified petition by the petitioner, or by the Division of Child Protective Services or the Division of Adult Protective Services, asking the court to issue a protective order against the respondent. (b) The petitioner need not reveal an address, place of residence, school or employment or the address or place where the petitioner’s child or children receive child care or attend school, if it is alleged that disclosure of this information would endanger the petitioner. However, the Court may require the petitioner to reveal in confidence a current address or place of residence for the purpose of determining jurisdiction or venue. (c) A petition for a protective order may be filed in any county where the petitioner resides, the respondent resides, the alleged domestic violence occurred, or where the petitioner is temporarily located away from the residence to avoid domestic violence. (d) Forms and instructions for initiating a proceeding under this part shall be available from the Clerk of the Court. Assistance from court staff or court volunteers shall be available during business hours to assist the parties with all papers which may be filed in connection with a proceeding under this part. Any assistance or information provided by court staff or court volunteers under this part does not constitute the practice of law. (e) All forms and instructions developed for use by the parties to a proceeding under this part shall contain simple, understandable language. (f) The Court may examine a child outside the presence of the parties for the purpose of obtaining the child’s testimony and ascertaining the truth of a matter asserted by a party to the proceeding. The Court may permit counsel to be present at the examination, and to also examine the child. The Court may permit a party who is not present for the examination to submit questions of fact for the Court to use in ascertaining the testimony of the child. The Court shall cause a record of the examination to be made and it shall be made a part of the record in the case.

Del. Code tit. 10, § 1043 Ex parte orders and emergency hearings [Effective until Jan. 1, 2027].

(a) A petitioner may request an emergency protective order by filing an affidavit or verified pleading alleging that there is an immediate and present danger of domestic violence to the petitioner or to a minor child of the petitioner or to an adult who is impaired. (b) An emergency protective order may be issued on an ex parte basis, that is, without notice to the respondent, where the petitioner certifies in writing the efforts, if any, which have been made to give notice to the respondent or the reasons supporting the claim that notice should not be required. (c) An emergency hearing held on an ex parte basis shall be held the same day that the petition is filed or the next day that the Court is in session. All other emergency hearings shall be scheduled for an expedited hearing within 15 calendar days after the petition is filed. (d) In any case in which an ex parte protective order has been issued, a full hearing shall be held within 15 days. The Court may extend an ex parte order as needed, but not to exceed 30 days, to effectuate service of the order or where necessary to continue protection. (e) If the Court finds by a preponderance of the evidence that the alleged domestic violence has occurred, or if the respondent consents to entry of a protective order, the Court shall grant any appropriate relief, including, but not limited to, the relief set forth in § 1045 of this title. (f) In those cases where the respondent is not present for the hearing, or where the hearing is held ex parte, any protective order issued shall be served immediately upon the respondent, in accordance with § 1065 of this title. A certified copy of the order shall also be given to the petitioner after the hearing, before leaving the courthouse. If the order recites that the respondent appeared in person before the Court, the necessity for further service is waived and proof of service of the order is not necessary; in those cases, the respondent shall be given a copy of the order before leaving the courthouse.

Del. Code tit. 10, § 1044 Nonemergency hearings.

(a) Upon receipt of a petition for a protective order, the Court shall order a hearing within 30 days. (b) If the Court finds by a preponderance of the evidence that the alleged domestic violence has occurred, or if the respondent consents to entry of a protective order, the Court shall grant any appropriate relief, including, but not limited to, the relief set forth in § 1045 of this title. (c) Service of the protective order, as well as provision of copies to the parties, shall take place in accordance with § 1043(f) of this title.

Del. Code tit. 10, § 1045 Relief available; duration of orders, modification, and termination.

(a) After consideration of a petition for a protective order, the Court may grant relief in the form of any of the following: (1) Restrain the respondent from committing acts of domestic violence, as defined in § 1041 of this title. (2) Restrain the respondent from contacting or attempting to contact the petitioner. (3) Grant exclusive possession of the residence or household to the petitioner or other resident, regardless of in whose name the residence is titled or leased. Such relief shall not affect title to any real property. (4) Order that the petitioner be given temporary possession of specified personal property solely or jointly owned by respondent or petitioner, including but not limited to, motor vehicles, checkbooks, keys and other personal effects. (5) Grant temporary custody of the children of the parties to the petitioner or to another family member. Either party may request visitation at any time during the proceeding. The Court may provide for visitation by separate interim visitation order pursuant to Title 13, which order shall be binding upon and enforceable against both parties. Such interim visitation order may include third-party supervision of any visitation, if necessary, in accordance with Chapters 7 and 19 of Title 13. (6) Order the respondent to pay support for the petitioner and/or for the parties’ children, in accordance with Chapter 5 of Title 13, including temporary housing costs. (7) Order the respondent to pay to the petitioner or any other family member monetary compensation for losses suffered as a direct result of domestic violence committed by the respondent, including medical, dental and counseling expenses, loss of earnings or other support, cost of repair or replacement of real or personal property damaged or taken, moving or other travel expenses and litigation costs, including attorney’s fees. (8) Order the respondent to temporarily relinquish to a police officer or a federally-licensed firearms dealer located in Delaware the respondent’s firearms or projectile weapons and to refrain from purchasing or receiving additional firearms or projectile weapons for the duration of the order. The Court shall inform the respondent that the respondent is prohibited from receiving, transporting, or possessing firearms or projectile weapons for so long as the protective order is in effect. (9) Prohibit the respondent from transferring, encumbering, concealing or in any way disposing of specified property owned or leased by parties. (10) Order the respondent, petitioner and other protected class members, individually and/or as a group, to participate in treatment or counseling programs. (11) Issue an order directing any law-enforcement agency to forthwith search for and seize firearms or projectile weapons of the respondent upon a showing by the petitioner that the respondent has possession of a firearm or projectile weapon, and a. Petitioner can describe, with sufficient particularity, both the type and location of the firearm or projectile weapon; and b. Respondent has used or threatened to use a firearm or projectile weapon against the petitioner, or the petitioner expresses a fear that the respondent may use a firearm or projectile weapon against them. (12) Grant the petitioner the exclusive care, custody, or control of any companion animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent and order the respondent to stay away from the companion animal and forbid the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the companion animal. Any subsequent property division order entered by the Court in any proceeding brought under Title 13 supersedes any relevant provisions regarding companion animals which are included in a protection from abuse order, without the need to modify that protective order. (13) Order the respondent to return specified legal documents, such as passport, immigration papers, or Social Security card. (14) Grant any other reasonable relief necessary or appropriate to prevent or reduce the likelihood of future domestic violence. (b) Relief granted under this section shall be effective for a fixed period of time not to exceed 1 year, except that relief granted under paragraphs (a)(1) and (a)(2) of this section may be entered for a fixed period of time not to exceed 2 years, unless a longer period of time is ordered pursuant to subsection (c) or (f) of this section. (c) An order issued under this part may be extended, or terms of the order modified, upon motion of either party. Hearings on such motions shall be scheduled within 30 days after proof of service on the respondent is filed. Such motions may be heard on an emergency basis if filed in accordance with § 1043 of this title. Orders may be extended only after the Court finds by a preponderance of the evidence that domestic violence has occurred since the entry of the order, a violation of the order has occurred, if the respondent consents to the extension of the order or for good cause shown. (d) Only the Court shall modify an order issued under this part and the reconciliation of the parties shall have no effect on the validity of any of the provisions of such an order. The protective order may be modified or rescinded during the term of the order upon motion, after notice to all parties affected and a hearing. (e) Any subsequent support, custody or visitation order entered by the Court in any proceeding brought pursuant to Title 13 shall supersede any relevant provisions regarding those issues which are included in a protection from abuse order, without the need to modify such protective order. (f) Notwithstanding any provision of this section to the contrary, upon a finding that aggravating circumstances exist, the Court may grant no contact relief pursuant to paragraphs (a)(1) and (a)(2) of this section for as long as reasonably necessary to prevent further acts of abuse or domestic violence, up to and including the entry of a permanent order of the Court. An order entered pursuant to this subsection may only be modified or amended upon motion of a party for good cause shown. For purposes of this subsection, aggravating circumstances shall mean physical injury or serious physical injury to the petitioner caused by the respondent; the use of a deadly weapon or dangerous instrument against the petitioner by the respondent; a history of repeated violations of prior protective orders by the respondent; prior convictions for crimes against the petitioner by the respondent; the exposure of any member of the petitioner’s family or household to physical injury or serious physical injury by the respondent; or any other acts of abuse which the Court believes constitute an immediate and ongoing danger to the petitioner or any member of the petitioner’s family or household. (g) A protective order requiring a person to relinquish a firearm or projectile weapon in accordance with paragraph (a)(8) of this section shall: (1) State on its face that a firearm or projectile weapon shall be relinquished immediately to a police officer if requested by the police officer upon personal service of the protective order. If no request is made by a police officer, the relinquishment shall occur within 24 hours of personal service of the order at any staffed police station or a federally-licensed firearms dealer located in Delaware, unless the person is incarcerated at the time personal service is received, in which case the 24-hour relinquishment period shall commence at the time of release from incarceration. (2) State on its face that the respondent is prohibited from purchasing, possessing, or controlling a firearm, a projectile weapon, any other deadly weapons, or ammunition for a firearm under Delaware law. (3) Require the respondent to file, within 48 hours of personal service or, if the Court will not be open within 48 hours from the time of personal service, within the first 3 hours the Court is thereafter open, 1 of the following documents: a. A certification, under penalty of prosecution for false written statement under § 1233 of Title 11, that the respondent did not own, possess, or control a firearm or projectile weapon at the time of the order and currently does not own, possess, or control a firearm or projectile weapon. b. A copy of a proof of transfer showing, for each firearm or projectile weapon owned, possessed, or controlled by the respondent at the time of the order, that the firearm or projectile weapon was relinquished to a police officer or a federally-licensed firearms dealer located in Delaware. c. A certification, under penalty of prosecution for false written statement under § 1233 of Title 11, for each firearm or projectile weapon owned, possessed, or controlled by the respondent at the time of the order, that the respondent is unable to obtain access to the firearm or projectile weapon, specifying the location of the firearm or projectile weapon and the reason why the respondent is unable to obtain access. (h) The Court shall provide to the petitioner a copy of the documents the respondent files with the Court pursuant to paragraph (g)(3) of this section within 48 hours of filing or, if the Court will not be open within 48 hours of the filing, within the first 3 hours the Court is thereafter open. (i) A police officer or a federally-licensed firearms dealer located in Delaware taking possession of firearms or projectile weapons relinquished by a respondent pursuant to a protective order under subsection (a) of this section shall issue a proof of transfer to the respondent and to the Court issuing the order of protection. The proof of transfer shall list the name of the respondent; date of the transfer; and make, model, and serial number of each firearm or projectile weapon relinquished. For purposes of this section, the term “police officer” shall be defined as in § 1911 of Title 11. The law-enforcement agency or the federally-licensed firearms dealer located in Delaware shall dispose of the firearm or projectile weapon or return the firearm or projectile weapon to the respondent only subsequent to the expiration or termination of the protective order in accordance with § 2311 of Title 11. (j) The forms for protective orders shall allow the petitioner to describe, under penalty of prosecution for false written statement under § 1233 of Title 11, the number, types, and locations of a firearm or projectile weapon presently known by the petitioner to be owned, possessed, or controlled by the respondent. (k) No records, data, information, or reports containing the name, address, other identifying data of either the respondent, petitioner, or recipient of the relinquished firearm or projectile weapon or which contain the make, model, caliber, serial number, or other identifying data of a firearm or projectile weapon which are required, authorized, or maintained pursuant to this section, shall be subject to disclosure or release pursuant to the Freedom of Information Act, Chapter 100 of Title 29.

Del. Code tit. 10, § 1046 Enforcement; sanctions for violation of order [Effective until Jan. 1, 2027].

(a) The Court may direct that pleadings and orders filed or issued under this part be served upon the respondent by the Sheriff or the Sheriff’s deputy or by any person authorized by statute or court rule to serve process. (b) A copy of a protective order granted under this part shall be entered into the Delaware Justice Information System by the Court on or before the next business day. Entry into the Delaware Justice Information System constitutes notice to all law-enforcement agencies of the existence of the order. The order is fully enforceable in any county of the State. (c) A law-enforcement officer shall arrest, with or without a warrant, any individual whom the officer has probable cause to believe has violated a protective order issued under this part or a valid foreign protection order under Part E of this subchapter and who has notice or knowledge of the protective order. Presentation of a protective order that identifies both the protected person and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a protective order exists. The protective order may be either in tangible form or stored in DELJIS or other electronic medium if it is retrievable in perceivable form. Probable cause for arrest may be established by a good faith reliance on information contained in DELJIS. If a protective order is not presented, the law-enforcement officer may consider other information in determining whether there is probable cause to believe that a protective order exists. (d) If a law-enforcement officer determines that an otherwise valid protective order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order. (e) The individual arrested shall be taken immediately before the Family Court. If the Family Court is not in session, the arrested person shall be taken before the nearest justice of the peace. In determining the amount of any bail, the justice of the peace or judicial officer shall take into consideration whether the defendant has previously violated a protective order. (f) A law-enforcement officer is immune from civil and criminal liability for an act or omission arising out of the enforcement of a protective order or the detention or arrest of an alleged violator of a protective order if the act or omission was done in a good faith effort to comply with this part or in good faith reliance on information contained in DELJIS. (g) The provisions of this section apply to the enforcement of foreign protection orders under Part E of this subchapter. (h) All protective orders issued under this part shall state that violations may result in: (1) A finding of contempt; (2) Criminal prosecution; and (3) Imprisonment or fine or both. (i) It shall be unlawful for a respondent to knowingly violate a protective order. Violations shall be punishable as a class A misdemeanor. Nothing in this subsection shall preclude the filing of a civil contempt petition by the petitioner for violations of a protective order issued under this part.

Del. Code tit. 10, § 1047 Nonpreclusion of remedies.

Nothing in this part shall preclude a petitioner or law-enforcement officer from filing criminal charges when probable cause exists.

Del. Code tit. 10, § 1049 Title.

This part may be cited as the “Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.”

Del. Code tit. 10, § 1049A Definitions.

In this part: (1) “Court” means the Family Court of the State of Delaware. (2) “Foreign protection order” means a protection order issued by a tribunal of another state. (3) “Issuing state” means the state whose tribunal issues a protection order. (4) “Mutual foreign protection order” means a foreign protection order that includes provisions in favor of both protected individuals seeking enforcement of the order and the respondents. (5) “Protected individual” means an individual protected by a protection order. (6) “Protection order” means an injunction or other order issued by a tribunal under the domestic violence or family violence laws of the issuing state to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to another individual. The term includes an injunction or other order issued under the antistalking laws of the issuing state. (7) “Respondent” means the individual against whom enforcement of a protection order is sought. (8) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders. (9) “Tribunal” means a court, agency or other entity authorized by law to issue or modify a protection order.

Del. Code tit. 10, § 1049B Judicial enforcement of order.

(a) A person authorized by the law of this State to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in the Court. The Court shall enforce the terms of the order, including terms that provide relief that the Court would lack power to provide but for this section. The Court shall enforce the order whether the order was obtained by independent action or in another proceeding if it is an order issued in response to a complaint, petition or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the Court shall follow the procedures of this State for the enforcement of protection orders. (b) The Court may not enforce a foreign protection order issued by the tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order. (c) The Court shall enforce the provisions of a valid foreign protection order which govern custody and visitation if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state. (d) A foreign protection order is valid if it: (1) Identifies the protected individual and the respondent; (2) Is currently in effect; (3) Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and (4) Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order, or in the case of an order ex parte, the respondent was given notice and had an opportunity to be heard within a reasonable time after the order was issued, consistent with the rights of the respondent to due process. (e) A foreign protection order valid on its face is prima facie evidence of its validity. (f) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order. (g) The Court may enforce provisions of a mutual foreign protection order which favor a respondent only if: (1) The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and (2) The tribunal of the issuing state made specific findings in favor of the respondent.

Del. Code tit. 10, § 1049C Nonjudicial enforcement of order.

Pursuant to the provisions of § 1046 of this title, a law-enforcement officer of this State, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a court of this State. Registration or filing of an order in this State is not required for the enforcement of a valid foreign protection order.

Del. Code tit. 10, § 1049D Registration of order.

(a) Any individual may register a foreign protection order in this State. To register a foreign protection order an individual shall present a certified copy of the order to the Court. (b) Upon receipt of a foreign protection order, the Court shall register the order in accordance with this section. After the order is registered, the Court shall furnish to the individual registering the order a certified copy of the registered order. (c) The Court shall register an order upon presentation of a copy of a protection order which has been certified by the issuing State. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this State. (d) An individual registering a foreign protection order shall file an affidavit by the protected individual stating that to the best of the protected individual’s knowledge, the order is currently in effect. (e) A foreign protection order registered under this part may be entered in any existing state or federal registry of protection orders in accordance with applicable law. (f) A fee may not be charged for the registration of a foreign protection order.

Del. Code tit. 10, § 1049E Immunity.

This State or a local governmental agency or a law-enforcement officer, prosecuting attorney, clerk of court or any state or local governmental official acting in an official capacity is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this part.

Del. Code tit. 10, § 1049F Other remedies.

A protected individual who pursues remedies under this part is not precluded from pursuing other legal or equitable remedies against the respondent.

Del. Code tit. 10, § 1049G Short title.

This part may be cited as the “Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act.”

Del. Code tit. 10, § 1049H Definitions.

As used in this part: (1) “Canadian domestic-violence protection order” means a judgment or part of a judgment or order issued in a civil proceeding by a court of Canada under law of the issuing jurisdiction which relates to domestic violence and prohibits a respondent from doing 1 or more of the following: a. Being in physical proximity to a protected individual or following a protected individual. b. Directly or indirectly contacting or communicating with a protected individual or other individual described in the order. c. Being within a certain distance of a specified place or location associated with a protected individual. d. Molesting, annoying, harassing, or engaging in threatening conduct directed at a protected individual. (2) “Court” means the Family Court of this State. (3) “Domestic protection order” means an injunction or other order issued by the Court which relates to domestic or family violence laws to prevent an individual from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with, or being in physical proximity to another individual. (4) “Issuing court” means the court that issues a Canadian domestic-violence protection order. (5) “Law-enforcement officer” means an individual authorized by law of this State other than this part to enforce a domestic protection order. (6) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. (7) “Protected individual” means an individual protected by a Canadian domestic-violence protection order. (8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (9) “Respondent” means an individual against whom a Canadian domestic-violence protection order is issued. (10) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally-recognized Indian tribe.

Del. Code tit. 10, § 1049I Enforcement of Canadian domestic-violence protection order by law-enforcement officer.

(a) If a law-enforcement officer determines under subsection (b) or (c) of this section that there is probable cause to believe a valid Canadian domestic-violence protection order exists and the order has been violated, the officer shall enforce the terms of the Canadian domestic-violence protection order as if the terms were in an order of the Court. Presentation to a law-enforcement officer of a certified copy of a Canadian domestic-violence protection order is not required for enforcement. (b) Presentation to a law-enforcement officer of a record of a Canadian domestic-violence protection order that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists. (c) If a record of a Canadian domestic-violence protection order is not presented as provided in subsection (b) of this section, a law-enforcement officer may consider other information in determining whether there is probable cause to believe that a valid Canadian domestic-violence protection order exists. (d) If a law-enforcement officer determines that an otherwise valid Canadian domestic-violence protection order cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order. (e) If a law-enforcement officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services.

Del. Code tit. 10, § 1049J Enforcement of Canadian domestic-violence protection order by the Court.

(a) The Court may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of 1 of the following: (1) A person authorized by law of this State other than this part to seek enforcement of a domestic protection order. (2) A respondent. (b) In a proceeding under subsection (a) of this section, the Court shall follow the procedures of this State for enforcement of a domestic protection order. An order entered under this section is limited to the enforcement of the terms of the Canadian domestic-violence protection order as described in § 1049H of this title. (c) A Canadian domestic-violence protection order is enforceable under this section if all of the following apply: (1) The order identifies a protected individual and a respondent. (2) The order is valid and in effect. (3) The issuing court had jurisdiction over the parties and the subject matter under law applicable in the issuing court. (4) The order was issued after 1 of the following: a. The respondent was given reasonable notice and had an opportunity to be heard before the court issued the order. b. In the case of an ex parte order, the respondent was given reasonable notice and had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the right of the respondent to due process. (d) A Canadian domestic-violence protection order valid on its face is prima facie evidence of its enforceability under this section. (e) A claim that a Canadian domestic-violence protection order does not comply with subsection (c) of this section is an affirmative defense in a proceeding seeking enforcement of the order. If the Court determines that the order is not enforceable, the Court shall issue an order that the Canadian domestic-violence protection order is not enforceable under this section and § 1049I of this title and may not be registered under § 1049K of this title. (f) This section applies to enforcement of a provision of a Canadian domestic-violence protection order against a party to the order in which each party is a protected individual and respondent only if both of the following apply: (1) The party seeking enforcement of the order filed a pleading requesting the order from the issuing court. (2) The issuing court made specific findings that entitled the party to the enforcement sought.

Del. Code tit. 10, § 1049K Registration of Canadian domestic-violence protection order.

(a) An individual may register a Canadian domestic-violence protection order in this State. To register the order, the individual must present a certified copy of the order to the Court. (b) On receipt of a certified copy of a Canadian domestic-violence protection order, the Court shall register the order in accordance with this section. (c) An individual registering a Canadian domestic-violence protection order under this section shall file an affidavit stating that, to the best of the individual’s knowledge, the order is valid and in effect. (d) After a Canadian domestic-violence protection order is registered under this section, the Court shall provide the individual registering the order a certified copy of the registered order. (e) A Canadian domestic-violence protection order registered under this section may be entered in a state or federal registry of protection orders in accordance with law. (f) An inaccurate, expired, or unenforceable Canadian domestic-violence protection order may be corrected or removed from the registry of protection orders maintained in this State in accordance with law of this State other than this part. (g) A fee may not be charged for the registration of a Canadian domestic-violence protection order under this section. (h) Registration in this State or filing under law of this State other than this part of a Canadian domestic-violence protection order is not required for its enforcement under this part.

Del. Code tit. 10, § 1049L Immunity.

This State or a state agency, local governmental agency, law-enforcement officer, prosecuting attorney, clerk of court, or state or local governmental official acting in an official capacity is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a Canadian domestic-violence protection order or the detention or arrest of an alleged violator of a Canadian domestic-violence protection order if the act or omission was a good faith effort to comply with this part.

Del. Code tit. 10, § 1049M Other remedies.

An individual who seeks a remedy under this part may seek other legal or equitable remedies.

Del. Code tit. 10, § 1049N Uniformity of application and construction.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Del. Code tit. 10, § 1049O Relation to the Electronic Signatures in Global and National Commerce Act.

This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).

Del. Code tit. 10, § 1049P Transition.

This part applies to a Canadian domestic-violence protection order issued before, on, or after January 1, 2017, and to a continuing action for enforcement of a Canadian domestic-violence protection order commenced before, on, or after January 1, 2017. A request for enforcement of a Canadian domestic- violence protection order made on or after January 1, 2017, for a violation of the order occurring before, on, or after January 1, 2017, is governed by this part.

Del. Code tit. 10, § 1051 Appeals generally.

(a) From any order, ruling, decision or judgment of the Court in any civil proceeding, including any delinquency proceeding, there shall be the right of appeal as provided by law to the Supreme Court. (b) From any order, ruling, decision or judgment of the Court in any criminal proceeding, there shall be the right of appeal in the first instance as provided by law to the Superior Court in the same county in which the case was adjudicated by the Court, with the further right of appeal as provided by law to the Supreme Court from an affirmance by the Superior Court of the order of the Court which was appealed, or from the entry of a judgment of conviction by the Superior Court upon a trial de novo on appeal to that Court. (c) An appeal shall be taken within 30 days from the date of the disposition, or within such time as provided by law. (d) No appeal shall stay the execution of any order of the Court unless such stay shall be specifically ordered by this Court in the first instance or by the appellate court.

Del. Code tit. 10, § 1052 Appeals from custody orders.

(a) Any order of the Court relative to the custody of any child shall be subject to review. (b) The child’s parent, guardian, next friend or any interested person or agency, at any time within 30 days after the date of such order, may appeal to the Supreme Court. (c) In the case of an indigent person, the Court may, in its discretion, waive surety for costs upon affidavit by such person that the person is without funds and means of prosecuting the appeal. (d) The taxing of costs shall be within the discretion of the Supreme Court.

Del. Code tit. 10, § 1053 Appeals by the State in Family Court cases.

(a) An appeal may be taken by the State from the Family Court to an appellate court in the following instances: (1) Appeal as of right. — a. The State shall have an absolute right to appeal to an appellate court a final order of the Family Court where the order constitutes a dismissal of a petition or information or any count thereof or the granting of any motion vacating any verdict or judgment of delinquency or conviction where the order of the Family Court is based upon the invalidity or construction of the statute upon which the petition or information is founded or where the order is based on lack of jurisdiction of the Family Court over the person or subject matter. b. Notwithstanding any section of this chapter to the contrary, the State shall have an absolute right to appeal to an appellate court from any order of the Family Court which grants an accused any of the following: a new trial or judgment of acquittal after a verdict or an adjudication of delinquency; a modification of a verdict or an adjudication of delinquency; an arrest of judgment; relief in any postconviction proceeding or in any action collaterally attacking a criminal judgment or an adjudication of delinquency; or any order or judgment declaring any act of the General Assembly, or any portion of such act, to be unconstitutional under either the Constitution of the United States or the State of Delaware, inoperative or unenforceable, except that no appeal shall lie where otherwise prohibited by the double jeopardy clause of the Constitution of the United States or of this State. c. Notwithstanding any section of this chapter to the contrary, the State shall have an absolute right to appeal to an appellate court any ruling of the Family Court on a question of law or procedure adverse to the State in any case in which the accused was convicted or adjudicated delinquent and appeals from the judgment, except that the decision or result of the State’s appeal shall not affect the rights of the accused unless the accused, on the accused’s appeal, is awarded a new trial or a new sentencing hearing. Once the State perfects its cross-appeal, the appellate court shall review and rule upon the questions presented therein regardless of the disposition of the accused’s appeal. d. Notwithstanding any section of this chapter to the contrary, the State shall have an absolute right to appeal any sentence on the grounds that it is unauthorized by, or contrary to, any statute or court rule, in which case the decision or result of the State’s appeal shall affect the rights of the accused. e. Any appeal brought by the State pursuant to paragraph (a)(1)c. or d. of this section shall be personally authorized by either the Attorney General or the Chief Deputy Attorney General. (2) Appeal in the discretion of the appellate court. — The State may apply to an appellate court to permit an appeal to determine a substantial question of law or procedure, and the appellate court may permit the appeal in its absolute discretion. The appellate court shall have the power to adopt rules governing the allowance of such an appeal; but in no event shall the decision or result of the appeal affect the rights of the appellee and the appellee shall not be obligated to defend the appeal, but the appellate court may require the Chief Defender of the State to defend the appeal and to argue the cause; provided, however, that if the order appealed from is an order suppressing or excluding substantial and material evidence the appellate court may permit an interlocutory appeal of any pretrial order, and if the order suppressing such evidence is reversed, the appellee may be subjected to a trial. (b) The State’s rights of appeal in a delinquency proceeding provided under subsection (a) of this section shall be to the Supreme Court. The State’s rights of appeal in a criminal proceeding provided under subsection (a) of this section shall be to the Superior Court in the first instance, with further rights of appeal to the Supreme Court as are provided under subsection (a) of this section, from an affirmance by the Superior Court of the order of the Family Court which was appealed. (c) The appeal or application for appeal shall be filed with the appellate court within 30 days from entry of the order appealed from, or, in any case in which the State elects to prosecute a cross appeal, notice of the cross appeal shall be filed within 30 days from the filing of a notice of appeal by the defendant. (d) “Order” for purposes of this section includes any judgment, order, ruling, decision, memorandum, opinion, or equivalent entry of the Court appealed from which constitutes a fixed determination by such Court. (e) The provisions of this section shall be liberally construed so as to afford the State the broadest possible right to appeal in a criminal case, but only to the extent permitted by the Constitution of the United States and the State of Delaware.

Del. Code tit. 10, § 1061 Examination; treatment; payment.

(a) The Court may order any person within its jurisdiction examined by a licensed practitioner in the appropriate field, and if the examiner shall certify that treatment would be in the interest of the examined person and the public, order such treatment. (b) The Court may, after a reasonable opportunity to be heard, order the examined person, or the person legally liable for the person’s support, to repay the Court for its outlay on the person’s behalf, such sum, in such manner, within the person’s ability, as the Court determines.

Del. Code tit. 10, § 1062 Assignment of prosecutors and public defenders.

Sufficient prosecutors and public defenders shall be assigned to the Court in each county as are required in the judgment of the Attorney General, the Chief Defender and the Court.

Del. Code tit. 10, § 1063 Proceedings; privacy, informality.

(a) All proceedings before the Court and all records of such proceedings may be private except to the extent that the Court may consider publication in the public interest except as provided below in subsection (b) of this section; provided, however, that proceedings in a crime classified as a felony shall be open to the public. Proceedings may, within the Court’s discretion, be informal, but shall be consistent with decorum and the law. (b) All records concerning any child shall be made available to the Superior Court and the Department of Services for Children, Youth and Their Families, and whenever a child is arrested, convicted or acquitted for a crime classified by Title 11 as a felony, or a class A misdemeanor for juveniles ages 13 through 17, the Clerk of the Family Court, or any state or local police authority, shall release the name and address of the child and the name of the child’s parents upon request by a responsible representative of public information media.

Del. Code tit. 10, § 1064 Merger; effect on Judges; employees; cases; records; prior offenses.

(a) Effective September 7, 1971, the Family Court of the State in and for New Castle County and the Family Court for Kent and Sussex Counties are merged into 1 Family Court and shall not thereafter function as separate Courts. (b) All employees of the Family Courts at the time of the merger are employees of the merged court, without diminution of rank, position, authority, or compensation by reason of enactment of this chapter. (c) Any case within the jurisdiction of the Family Court previously adjudicated in any court active at the time of the merger was transferred to and continued in the merged court, and the records therein are the records of the merged court, which shall carry out such orders as were previously made in the case. (d) No offense committed and no penalty or judgment incurred under the provisions of any law existing prior to the merger shall be affected by this chapter.

Del. Code tit. 10, § 1065 Obtaining personal jurisdiction.

(a) Jurisdiction is acquired over a party in any civil action by transmitting to the party a copy of the summons and the petition or complaint (the papers) by any of the following methods: (1) By personal service. (2) By leaving a copy at the party’s dwelling house or usual place of abode with some person of suitable age and discretion residing there. (3) By any form of mail. (4) In the manner prescribed by court rule. (5) In the manner directed by the Court, including publication in print or on a legal notices website established by the Court, if other methods of service have failed or are deemed to have been inadequate. (b) If a party to whom papers have been transmitted by ordinary mail shall fail to appear in the action and there shall be no reliable proof that such party has received notice thereof, then the Court shall order that further effort be made to provide notice to that party which may include notice by certified or registered mail, or by any other method for providing notice specified in subsection (a) of this section above. (c) Jurisdiction shall be acquired over a minor by any of the above methods directed to the minor and to the minor’s parent, custodian or guardian. (d) If, for any particular action, another statute or rule adopted pursuant to statute prescribes a method or methods for acquiring jurisdiction over a party, then jurisdiction shall be acquired thereby. (e) It is not necessary to transmit papers or otherwise provide notice to a party who has entered an appearance in the action.

Del. Code tit. 10, § 1066 Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement.

The Court, in the exercise of its criminal jurisdiction or in any delinquency proceeding against a child, may issue subpoenas and other warrants into any county in the State for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the rules of the Court.

Del. Code tit. 10, § 1075 Definitions.

For purposes of this subchapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: “Human immunodeficiency virus test” means a test or tests of an individual for presence of human immunodeficiency virus, or for antibodies or antigens that result from human immunodeficiency virus infection, or for any other substance specifically indicating human immunodeficiency virus infection, and includes preliminary screening.

Del. Code tit. 10, § 1076 HIV testing made available.

A person charged with an offense pursuant to Chapter 5 of Title 11, which has sexual intercourse or deviate sexual intercourse as an element, or has sexual contact as an element when the circumstances of the case demonstrate a possibility of transmission of human immunodeficiency virus, shall upon initial court appearance on the charge, be informed by the judge of the availability of human immunodeficiency virus testing under the provisions of Chapter 12 of Title 16. The judge shall also notify the victim of the offense, or parent or guardian of the victim, that the defendant has been so notified.

Del. Code tit. 10, § 1077 Order to submit to human immunodeficiency virus testing; test results; notification to Department of Services to Children, Youth and their Families; counseling; costs; notice of appeal not to stay order for HIV testing.

(a) When a defendant has been arrested and charged with an offense in § 1076 of this title, other provisions of law to the contrary notwithstanding, the court, at arraignment, regardless of any prior human immunodeficiency virus test on the defendant, shall order, at the request of the victim, the defendant to undergo human immunodeficiency virus testing, under the direction of the Division of Public Health. (b) The result of any human immunodeficiency virus test conducted pursuant to this subchapter shall not be a public record for purposes of Chapter 100 of Title 29. (c) The result of any human immunodeficiency virus testing conducted pursuant to this subchapter shall only be made available by the Division of Public Health to the victim, or the parent or guardian of the victim who is a minor or is a person with intellectual or developmental disabilities, the defendant, the court issuing the order for testing and any other person or agency pursuant to Chapters 12 and 12A of Title 16. (d) In addition, the Division of Public Health shall provide to the Department of Services to Children, Youth and Their Families the result of any human immunodeficiency virus test conducted pursuant to this subchapter which indicates that the defendant is infected with the human immunodeficiency virus. The Department of Services to Children, Youth and Their Families shall use this information solely for the purpose of providing medical treatment to the defendant while incarcerated in any institution under the Department’s jurisdiction. (e) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease, and referral for appropriate health care and support services. (f) The costs of testing under this subchapter shall be paid by the defendant tested, unless the court has determined that the defendant is an indigent person. (g) Filing of a notice of appeal shall not stay an order that the defendant submit to a human immunodeficiency virus test.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title10/c009/sc01/index.htmlFetched: 10/4/2026