reglab/housing_qa huggingface dataset:
10 DE Code § 1005. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1005. Other courts; issuance of warrants; powers and duties.

§ 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.10 Del. C. 1953, §  934;  58 Del. Laws, c. 114, §  1;  64 Del. Laws, c. 108, §  20;  67 Del. Laws, c. 158, §  2;  67 Del. Laws, c. 390, §  2;  67 Del. Laws, c. 392, §  1;  69 Del. Laws, c. 335, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 1006. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1006. Process; service; return; interim order; investigation.

§ 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. 10 Del. C. 1953, §  935;  58 Del. Laws, c. 114, §  1;  69 Del. Laws, c. 335, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 1007B. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1007B. Use of restraints on a child.

§ 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 himself or herself 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.  80 Del. Laws, c. 413, § 1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 1007C. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1007C. Appointment of counsel for juveniles.

§ 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 his or her 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. 81 Del. Laws, c. 197, § 1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 1009A. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1009A. Probation before adjudication of delinquency.

§ 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. 75 Del. Laws, c. 364, §  1;
10 DE Code § 1011. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1011. Transfer of cases from Superior Court to Family Court.

§ 1011. Transfer of cases from Superior Court to Family Court. (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) 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. 10 Del. C. 1953, §  939;  58 Del. Laws, c. 116, §  2;  69 Del. Laws, c. 335, §  1;  70 Del. Laws, c. 263, §  2;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 598, §§  4, 5;  73 Del. Laws, c. 408, §  1;  83 Del. Laws, c. 40, § 1;
10 DE Code § 1013. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1013. Automatic expungement of juvenile record by effect of a Delaware gubernatorial pardon.

§ 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. 75 Del. Laws, c. 146, §  1;
10 DE Code § 1014. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1014. Juvenile expungement; statement of policy.

§ 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. 78 Del. Laws, c. 188, §  2;  80 Del. Laws, c. 414, § 1;
10 DE Code § 1016. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1016. Definitions applicable to juvenile expungements.

§ 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. (7) “Violent felony” means a delinquent act constituting any offense listed in § 4201 of Title 11. (8) [Repealed.]78 Del. Laws, c. 188, §  2;  78 Del. Laws, c. 343, §  2;  80 Del. Laws, c. 414, § 1;  81 Del. Laws, c. 17, § 1;  83 Del. Laws, c. 266, § 2;
10 DE Code § 1017. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1017. Mandatory expungement.

§ 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. 78 Del. Laws, c. 188, §  2;  78 Del. Laws, c. 343, §  3;  80 Del. Laws, c. 414, § 1;  81 Del. Laws, c. 17, § 1;  81 Del. Laws, c. 451, § 1;  83 Del. Laws, c. 266, § 3;
10 DE Code § 1017A. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1017A. Mandatory expungement; automatic.

§ 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. 83 Del. Laws, c. 265, § 1;
10 DE Code § 1022. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1022. Duties of other courts.

§ 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. 10 Del. C. 1953, §  941;  58 Del. Laws, c. 114, §  1;  69 Del. Laws, c. 335, §  1;  70 Del. Laws, c. 186, §  1;
10 DE Code § 1023. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1023. Disposition.

§ 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.10 Del. C. 1953, §  942;  58 Del. Laws, c. 114, §  1;  69 Del. Laws, c. 335, §  1;
10 DE Code § 1025. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1025. Expungement of adult police and court records.

§ 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. 69 Del. Laws, c. 335, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 150, §§  3, 4;  76 Del. Laws, c. 392, §  6;  77 Del. Laws, c. 156, §  3;  77 Del. Laws, c. 348, §§  9-15;  77 Del. Laws, c. 416, §  1;  79 Del. Laws, c. 211, §  1;  82 Del. Laws, c. 83, § 9;
10 DE Code § 1031. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 9. The Family Court of the State of Delaware|Subchapter III. Procedure|§ 1031. Disposition.

§ 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; (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.]10 Del. C. 1953, §  950;  58 Del. Laws, c. 114, §  1;  60 Del. Laws, c. 279, §  1;  60 Del. Laws, c. 647, §  1;  65 Del. Laws, c. 243, §  1;  69 Del. Laws, c. 160, §  1;  69 Del. Laws, c. 173, §  1;  69 Del. Laws, c. 335, §  1;  69 Del. Laws, c. 378, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 136, §  7;  77 Del. Laws, c. 43, §  3;  78 Del. Laws, c. 179, §  22;  79 Del. Laws, c. 371, §  8;  80 Del. Laws, c. 234, § 3;