reglab/housing_qa huggingface dataset:
13 DE Code § 2322. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter II. General Procedures for Appointment of Guardians|§ 2322. Contents of petition.

§ 2322. Contents of petition. Every petition for guardianship of a child filed under this chapter shall contain:  (1) Name and place of residence of the petitioner or petitioners; (2) Name, sex, date of birth and place of birth of the child; (3) Relationship of the petitioner or petitioners to the child or the fact that no such relationship exists; (4) The name and address of the mother and the name and address of the father, alleged father or presumed father; (5) In addition to other pertinent information, the petition, if either the name or address of the parent or parents is not included, shall furnish detailed information concerning the efforts made to locate the parent or parents; (6) The name and last known address of the person or persons or organization holding parental rights and the name and address of the person or persons or organization having the care, control or custody of the child; (7) The name or names and residence of the person or persons to whom guardianship shall vest, if different from the petitioner or petitioners; (8) If the child is 14 years of age or older, an affidavit that the child consents to the guardianship or, if the child does not consent, just cause why the guardian should be appointed; (9) A statement regarding each parent that:  a. The child is dependent, neglected or abused, and the reasons therefore; or b. The proposed guardian is a stepparent and meets the requirements of § 733 of this title; or c. The parent consents to the guardianship and an accompanying affidavit indicating same; (10) Certified copies of the death certificate or such other proof as the Court may require, if 1 or more parents is deceased; and (11) A statement setting forth the reasons why the petition is in the child's best interest.73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 360, §§  2, 3;  79 Del. Laws, c. 246, §  1;
13 DE Code § 2324. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter II. General Procedures for Appointment of Guardians|§ 2324. Social study and report.

§ 2324. Social study and report. (a) The Court, in its discretion, may order a social study and report (hereinafter “social report”) for any petition filed under this chapter. The social report, if ordered, shall be prepared by a licensed child-placing agency retained by petitioner. (b) The social report shall include:  (1) Information regarding the child and that child's background; (2) Information regarding the guardian or guardians and the proposed home; (3) Information regarding the physical and mental condition of the child; (4) Information regarding the suitability of the placement; (5) A statement as to whether all requirements of this chapter have been met; and (6) A recommendation. (c) If a social report is ordered under this section, the person or persons or organization so ordered shall file the social report within 4 months, subject to such additional time as the Court shall determine is reasonably required. 73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;
13 DE Code § 2325. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter II. General Procedures for Appointment of Guardians|§ 2325. Hearing procedure and notice requirements.

§ 2325. Hearing procedure and notice requirements. (a) When a guardianship petition is filed, the petition shall be served upon the parent or parents, person or persons or organization holding parental rights at the respondent's last known address. (b) If the Court finds that personal service within the State cannot be accomplished upon the parent or parents, person or persons, or organization holding parental rights, the petitioner shall cause notice to be published either on a legal notices website established by the Court or in a newspaper of general circulation in the county where the respondent is most likely to be residing. (c) Personal service at any time prior to the hearing shall be sufficient to give jurisdiction. (d) Notice provided pursuant to this section shall constitute conclusive evidence of service and a hearing will then proceed at the time and date set, with or without the appearance of the parent or parents, person or persons, or organization so notified. 73 Del. Laws, c. 150, §  1;  76 Del. Laws, c. 95, §§  1-3;  79 Del. Laws, c. 246, §  1;  83 Del. Laws, c. 96, § 5;
13 DE Code § 2326. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter II. General Procedures for Appointment of Guardians|§ 2326. Decision within 30 days.

§ 2326. Decision within 30 days. The Court shall issue a decision and order on a petition for guardianship under this chapter within 30 days following the conclusion of the proceedings, or if no hearing is necessary, within 30 days of the petition and social report, if applicable, being filed. 73 Del. Laws, c. 150, §  1;
13 DE Code § 2327. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter II. General Procedures for Appointment of Guardians|§ 2327. Confidentiality of proceedings.

§ 2327. Confidentiality of proceedings. All proceedings under this chapter shall be held before the Court privately, but for reasons appearing sufficient to the Court, the hearing in any particular case may be public. 73 Del. Laws, c. 150, §  1;
13 DE Code § 2328. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter II. General Procedures for Appointment of Guardians|§ 2328. Appeals.

§ 2328. Appeals. The petitioner, if the petition is not granted, or any person or organization who does not prevail in a petition for guardianship under this chapter, may, at any time within 30 days after the entry of an order by the Court, take an appeal therefrom to the Supreme Court. 73 Del. Laws, c. 150, §  1;
13 DE Code § 2330. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter III. Guardian of the Child|§ 2330. Grounds for guardianship of the child.

§ 2330. Grounds for guardianship of the child. (a) Prior to granting an order for guardianship under this chapter, the Court shall find for each parent the following:  (1) The parent voluntarily consents to the guardianship; notwithstanding the consent, if the child is in DSCYF custody, the Court shall also determine whether guardianship is the appropriate permanency plan for the child and whether it is in the best interest of the child for the guardianship to be granted; or (2) After a hearing on the merits, by a preponderance of the evidence that petitioner has established:  a. The child is dependent, neglected or abused and the reasons therefor; and b. It is in the best interests of the child for the guardianship to be granted. (b) When more than 1 petition for guardianship regarding the same child or children has been filed, and the elements of subsection (a) of this section are met regarding the parents, the Court shall determine which petition, if any, is granted based upon the best interests of the child. (c) When a guardianship petition is filed against a current guardian, and the elements of subsection (a) of this section are met regarding the parents, the Court shall determine whether the petition shall be granted based upon the best interests of the child. (d) If the child is 14 years of age or older, the Court shall determine whether the child consents to the guardianship, and if the child opposes, if just cause still requires the guardianship to be granted. (e) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall also determine by a preponderance of evidence the nature and extent, if any, of any contact, sharing of information, and/or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard. 73 Del. Laws, c. 150, §  1;  73 Del. Laws, c. 360, §§  2, 4;  79 Del. Laws, c. 246, §  1;
13 DE Code § 2331. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter III. Guardian of the Child|§ 2331. Duties and rights of parents.

§ 2331. Duties and rights of parents. (a) While a guardianship is in effect, the parent shall have the following rights:  (1) Visitation, contact and information, to the extent delineated in the guardianship order issued by the Court. A parent may petition the Court for specific enforcement of provisions of the order relating to contact, visitation or information; and (2) Inheritance by and from the child. (b) The parent shall have the primary responsibility to support the child financially. (c) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred upon the child with payment to be made to the guardian. The provision of necessities by the guardian shall not disqualify the child for any benefit or entitlement. (d) If the child has been in the custody of DSCYF immediately prior to the granting of a guardianship order, DSCYF shall have no further duty of support or care for the child after establishment of the guardianship unless DSCYF agrees in writing to that support. 73 Del. Laws, c. 150, §  1;  79 Del. Laws, c. 246, §  1;
13 DE Code § 2332. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter III. Guardian of the Child|§ 2332. Termination, modification or rescission of guardianship order.

§ 2332. Termination, modification or rescission of guardianship order. (a) Termination. — Except as otherwise specified in this chapter, guardianship of a child terminates:  (1) Upon the guardian's death; (2) Upon adoption of the child; (3) When the child reaches the age of majority; or (4) As otherwise ordered by the Court. (b) Modification. — Except as otherwise specified in this chapter, an order of guardianship may be modified regarding contact, visitation or sharing of information at any time if it is in the best interests of the child. (c) Rescission. — Except as otherwise specified in this chapter, an order of guardianship may be rescinded upon a judicial determination that petitioner has made a preliminary showing the guardianship is no longer necessary for the reason(s) it was established, unless:  (1) The Court finds that the guardian has established, by a preponderance of the evidence, that the child will be dependent, neglected, and/or abused in the care of the parent or parents seeking rescission; or (2) The Court finds that the guardian has established, by clear and convincing evidence, that the child will suffer physical or emotional harm if the guardianship is terminated.73 Del. Laws, c. 150, §  1;  79 Del. Laws, c. 246, §  1;
13 DE Code § 2333. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter III. Guardian of the Child|§ 2333. Subsidies.

§ 2333. Subsidies. (a) DSCYF, in its discretion, may award subsidy moneys to guardians of the person of a child where the Court finds:  (1) The grounds for guardianship have been met as set forth in this chapter; and (2) The child was in the custody of DSCYF and/or the Division for a period of at least 1 year. (b) The amount and duration of the subsidy shall be in the sole discretion of DSCYF. 73 Del. Laws, c. 150, §  1;  79 Del. Laws, c. 246, §  1;
13 DE Code § 2340. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter IV. Powers and Duties of a Guardian|§ 2340. Powers and duties of the guardian of the child.

§ 2340. Powers and duties of the guardian of the child. (a) The Court shall grant to the guardian of the child such powers, rights and duties which are necessary to protect, manage and care for the child. (b) The guardian of the child may exercise the same powers, rights and duties respecting the care, maintenance and treatment of the child as a parent would, except that the guardian of the child is not liable to third persons for acts of the child solely by reason of the guardianship relationship. (c) Except as modified by the order of guardianship and without qualifying the foregoing, a guardian of the person has the following powers and duties:  (1) The guardian is entitled to custody of the child and may establish the child's place of abode within or without this State. (2) The guardian shall provide the child with:  a. A physically and emotionally healthy and safe living environment and daily care; b. Education; and c. All necessary and appropriate medical treatment, including but not limited to medical, dental and psychiatric examinations, treatment and/or surgery. (3) The guardian shall make decisions regarding:  a. Education; b. Travel; c. All necessary and appropriate medical treatment, including but not limited to medical, dental and psychiatric examinations, treatment and/or surgery; d. The child's right to marry or enlist in the armed forces; e. Representation of the child in legal actions; and f. Any other matter that involves the child's welfare and upbringing. (4) The guardian shall:  a. Be responsible for the health, education and welfare of the child; b. Comply will all terms of any Court order to provide the child's parents with visitation, contact or information. (d) The Court, in its discretion, may expressly limit the duties and powers of the guardian as set forth in this chapter. (e) No bond shall be required from any guardian appointed under this chapter. 73 Del. Laws, c. 150, §  1;  73 Del. Laws, c. 360, §  5;
13 DE Code § 2350. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter V. Permanent Guardianships for Children|§ 2350. Intent.

§ 2350. Intent. Permanent guardianship models the requirements of “legal guardianship” under the Adoption and Safe Families Act of 1997, Public Law 105-89, § 101(b), 42 U.S.C., § 675(7). Permanent guardianship is intended to create a relationship between a child and caretaker which is permanent and self-sustaining, and which creates a permanent family for the child without complete severance of the biological bond. 73 Del. Laws, c. 150, §  1;
13 DE Code § 2351. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter V. Permanent Guardianships for Children|§ 2351. Eligibility to serve as permanent guardian; eligibility to petition for permanent guardianship.

§ 2351. Eligibility to serve as permanent guardian; eligibility to petition for permanent guardianship. A relative, foster parent, or guardian may serve as permanent guardian of a child and may petition the Family Court for a permanent guardianship order regarding a child not his, hers or theirs. DSCYF, the Division, a licensed agency or guardian ad litem may petition the Family Court for a permanent guardianship order so long as the proposed permanent guardian or guardians consent to the appointment. 73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 360, §  6;  79 Del. Laws, c. 246, §  1;
13 DE Code § 2352. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter V. Permanent Guardianships for Children|§ 2352. Contents of petition for permanent guardianship.

§ 2352. Contents of petition for permanent guardianship. A petition for permanent guardianship shall contain all of the information required by § 2322 of this title, as well as the following information:  (1) The grounds for the granting of an order of permanent guardianship; and (2) A statement outlining prior efforts to place the child for adoption, if applicable. 73 Del. Laws, c. 150, §  1;
13 DE Code § 2353. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter V. Permanent Guardianships for Children|§ 2353. Standard for permanent guardianship.

§ 2353. Standard for permanent guardianship. (a) The Court shall grant a permanent guardianship if it finds by clear and convincing evidence that:  (1) One of the statutory grounds for termination of parental rights as set forth in § 1103(a) of this title has been met; (2) Adoption of the child is not possible or appropriate; (3) Permanent guardianship is in the best interests of the child; (4) The proposed permanent guardian:  a. Is emotionally, mentally, physically and financially suitable to become the permanent guardian; b. Is a foster parent or guardian who has been caring for the child for at least 6 months or held guardianship for at least 6 months at the time of the filing of the petition or is a relative; c. Has expressly committed to remain the permanent guardian and assume the rights and responsibilities for the child for the duration of the child's minority; and d. Has demonstrated an understanding of the financial implications of becoming a permanent guardian; (5) If the child is age 14 or over, the child consents to the guardianship or, if the child does not consent, just cause why the guardian should be appointed; and (6) If the proposed permanent guardian is a foster parent or parents:  a. The child is at least 12 years of age; or b. The proposed permanent guardian is the permanent guardian of 1 of the child's siblings; or c. The child receives substantial governmental benefits for a serious physical and/or mental disability which would no longer be available to the child if parental rights were terminated and/or if the child was adopted. (b) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall then also determine by a preponderance of evidence, the nature and extent, if any, of any contact, sharing of information, and/or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard. (c) The parent or parents may voluntarily consent to the permanent guardianship provided the elements of subsection (a) of this section are met. 73 Del. Laws, c. 150, §  1;  73 Del. Laws, c. 360, §  2;  79 Del. Laws, c. 246, §  1;
13 DE Code § 2354. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter V. Permanent Guardianships for Children|§ 2354. Social report.

§ 2354. Social report. A social report covering the factors enumerated in § 2353 of this title shall be prepared by a licensed child-placing agency retained by the petitioner and provided to the Court no later than 1 week prior to trial. 73 Del. Laws, c. 150, §  1;
13 DE Code § 2355. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter V. Permanent Guardianships for Children|§ 2355. Permanent guardianship hearing procedures and notice requirements.

§ 2355. Permanent guardianship hearing procedures and notice requirements. The provisions of § 1107 of this title shall apply to hearings on permanent guardianship petitions, with references to termination of parental rights being replaced by reference to permanent guardianship where appropriate. 73 Del. Laws, c. 150, §  1;
13 DE Code § 2356. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter V. Permanent Guardianships for Children|§ 2356. Order granting permanent guardianship.

§ 2356. Order granting permanent guardianship. (a) The Court shall issue an order regarding permanent guardianship within 30 days of:  (1) The final day of trial; or (2) The filing of the petition and social report in cases based upon the consent of all parties. (b) If the Court grants permanent guardianship, it shall include in that order provisions regarding visitation by the child with the child's parents, contact by the child with his or her parents, and the sharing of information to be provided to the parents about the child, all based upon the child's best interests. (c) The order granting permanent guardianship may prohibit visitation, contact or information if such prohibition is in the child's best interests. (d) The order granting permanent guardianship may incorporate an agreement reached by the parties. 73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;
13 DE Code § 2357. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter V. Permanent Guardianships for Children|§ 2357. Powers and duties of the permanent guardian.

§ 2357. Powers and duties of the permanent guardian. A permanent guardian shall have the same powers and duties as set forth in § 2340 of this title. 73 Del. Laws, c. 150, §  1;
13 DE Code § 2358. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 23. Guardianship of a Child|Subchapter V. Permanent Guardianships for Children|§ 2358. Duties and rights of parents.

§ 2358. Duties and rights of parents. (a) While a permanent guardianship is in effect, the parent shall have the following rights:  (1) Visitation, contact and information, to the extent delineated in the permanent guardianship order issued by the Court. A parent may petition the Court for specific enforcement of provisions of the order granting permanent guardianship relating to contact, visitation or information; (2) Inheritance by and from the child; and (3) Right to consent to termination of parental rights and/or adoption of the child. (b) The parent shall have the primary responsibility to support the child financially. (c) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred upon the child with payment to be made to the permanent guardian. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement. (d) If the child has been in the custody of DSCYF immediately prior to the entry of an order for a permanent guardianship, DSCYF shall have no further duty of support or care for the child after establishment of the permanent guardianship unless DSCYF agrees in writing to that support. 73 Del. Laws, c. 150, §  1;  79 Del. Laws, c. 246, §  1;