reglab/housing_qa huggingface dataset:
13 DE Code § 1107. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings|§ 1107. Time for hearing; preparation of social report.

§ 1107. Time for hearing; preparation of social report. (a) If a petition for the termination of parental rights is filed and DSCYF or a licensed agency is a party to the proceedings, the Court shall set a date for a hearing on the petition and shall cause notice of the time, place, and purpose of the hearing to be served as required under § 1107A of this title. Absent good cause, a social report must be filed no later than 1 week prior to the hearing. (b) If a petition for termination of parental rights is filed and DSCYF or a licensed agency is not a party, the Court shall order DSCYF or a licensed agency to file a social report within 6 months. The Court shall set a date for a hearing to take place after the report is to be filed, but not earlier than 12 months after the filing of the petition for proceedings under § 1103(a)(6) of this title, and notice must be accomplished under § 1107A of this title. (c) The information contained in the social report must consider the best interest factors under § 722 of this title and include all of the following:  (1) Information regarding the child and the child's background. (2) The history of the child's custody, visitation, and living arrangements. (3) Information regarding the parents. (4) Information regarding the petitioners. (5) a. Information regarding efforts at reunification with the parents if the petition is filed under § 1103(a)(5) of this title. b. Information regarding the allegations of dependency and neglect if the petition is filed under § 1103(a)(6) of this title. (6) The plan for the child if the petition is granted. (7) A statement that the person preparing the social report or the petitioner has advised each birth parent whose name and whereabouts are known to the petitioner of the birth parent's right to file a written notarized statement with the Office of Vital Statistics denying the release of identifying information under § 923(b) of this title.48 Del. Laws, c. 135, §  6;  12 Del. C. 1953, §  1107;  50 Del. Laws, c. 17, §  1;  59 Del. Laws, c. 466, §  22;  60 Del. Laws, c. 251, §  13;  62 Del. Laws, c. 402, §  4;  64 Del. Laws, c. 108, §§  6, 10;  66 Del. Laws, c. 356, §  1;  68 Del. Laws, c. 276, §  1;  73 Del. Laws, c. 171, §§  12, 17;  83 Del. Laws, c. 226, § 9;
13 DE Code § 1108. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings|§ 1108. Order of termination and transfer of parental rights.

§ 1108. Order of termination and transfer of parental rights. (a) If the Court finds by clear and convincing evidence both that a ground exists for the termination of existing parental rights and termination and transfer of the rights is in the child's best interest, the Court shall order the termination of the rights in the parent, person, or organization in which the rights have existed and transfer the rights to another person, DSCYF, or a licensed agency, as the Court determines is best qualified to receive the rights. (b) (1) In a proceeding under § 1103(a)(1) of this title in which each individual entitled to consent has waived notice of hearing and the right to appear at the hearing under § 1106(e) of this title, the Court shall issue its decision and order within 30 days after the filing of the petition and social report. (2) In a proceeding under this chapter that does not qualify under paragraph (b)(1) of this section, the Court shall issue its decision and order within 30 days following the conclusion of the proceeding. (c) An irregularity in a proceeding under this chapter is deemed cured on the expiration of 6 months from the date of the entry of the order of termination of parental rights of a parent, and a party over whom the Court established personal jurisdiction may not attack the validity of the order, either through a collateral or direct proceeding. 48 Del. Laws, c. 135, §  7;  13 Del. C. 1953, §  1108;  50 Del. Laws, c. 17, §  1;  56 Del. Laws, c. 300;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 276, §  1;  75 Del. Laws, c. 345, §  1;  83 Del. Laws, c. 226, § 11;
13 DE Code § 1109. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings|§ 1109. Petition for transfer of parental rights of deceased parents.

§ 1109. Petition for transfer of parental rights of deceased parents. DSCYF or a licensed agency may file a petition to transfer the parental rights of a deceased parent if it appears that adoption is in the best interest of the child. A petition under this section must include all of the following:  (1) Name and address of the petitioner. (2) Name, date, and place of birth of the child. (3) Name, address, and date of death of the deceased parent. (4) A certified copy of the death certificate of the deceased parent. (5) A statement that the petitioner has explored the possibility of placing the child with relatives and the results of the efforts.68 Del. Laws, c. 276, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 171, §§  14-16;  83 Del. Laws, c. 226, § 12;
13 DE Code § 1110. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings|§ 1110. Appeals.

§ 1110. Appeals. Each party may, at any time within 30 days after the issuance of the written order, take an appeal therefrom to the Supreme Court. 48 Del. Laws, c. 135, §  8;  13 Del. C. 1953, §  1109;  50 Del. Laws, c. 17, §  1;  68 Del. Laws, c. 276, §  1;  83 Del. Laws, c. 226, § 13;
13 DE Code § 1111. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings|§ 1111. Court costs.

§ 1111. Court costs. Except as provided under § 1107A of this title, the petitioner shall pay all court costs, including costs for giving notice and advertising. As used in this section, “court costs” does not include the respondent's attorney fees. 13 Del. C. 1953, §  1110;  50 Del. Laws, c. 17, §  1;  68 Del. Laws, c. 276, §  1;  83 Del. Laws, c. 226, § 14;
13 DE Code § 1112. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings|§ 1112. Confidential nature of records.

§ 1112. Confidential nature of records. (a) (1) Each court record and docket relating to a proceeding under this chapter is confidential.  (2) The Clerk of the Court shall keep in a sealed container each court record and docket relating to a proceeding under this chapter. (3) A court record or docket relating to a proceeding under this chapter may be opened only by an order of a judge of the Court. (b) Nothing in this section may be construed to restrict DSCYF or a licensed agency from releasing nonidentifying information in its records to a party to a termination proceeding under this chapter. (c) DSCYF or a licensed agency may not release identifying information, such as a name or address, except under at least 1 of the following circumstances:  (1) By court order. (2) Under § 929 of this title. (3) Under subchapter III of Chapter 9 of this title. (d) (1) An adopted individual may file a petition if the adopted individual's health or the health of the adopted individual's blood relative is of concern and the agency refuses to release needed health information to the adopted individual. (2) A court order may permit an adopted individual to inspect only that part of the Court's or an agency's record containing needed health information if the Court finds that the adopted individual's health information is both of the following:  a. Contained in the Court's or agency record. b. Needed for the health of the adopted individual or the health of the adopted individual's blood relative. (3) This section applies to information relating to the identification or location of the adopted individual's biological sibling if the health of the adopted individual or the adopted individual's blood relative depends on the biological sibling's participation in a medical treatment. (e) (1) A person that wishes to inspect the papers filed in connection with a proceeding under this chapter may petition the Court or the court of original jurisdiction stating the reason for the inspection. (2) The Court may refer a petition under this section to DSCYF or a licensed agency for investigation and report. (3) The Court shall issue an order permitting the release of the information requested and establishing the terms under which the information may be released if the Court finds all of the following:  a. Release of the information is necessary. b. Release of the information will not prejudice the interests of the adopted individual, biological parent, or adoptive parent. 13 Del. C. 1953, §  1111;  50 Del. Laws, c. 17, §  1;  57 Del. Laws, c. 402, §  2;  62 Del. Laws, c. 402, §§  3, 4;  62 Del. Laws, c. 420, §  10;  64 Del. Laws, c. 108, §§  4, 10;  64 Del. Laws, c. 387, §  2;  68 Del. Laws, c. 276, §  1;  69 Del. Laws, c. 433, §§  6, 7;  83 Del. Laws, c. 226, § 15;
13 DE Code § 1113. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings|§ 1113. Effect of termination of parental rights.

§ 1113. Effect of termination of parental rights. (a) Upon the issuance of an order terminating the existing parental rights and transferring the parental rights to another person or organization, all of the rights, duties, privileges, and obligations recognized by law between the person whose parental rights are terminated and the child forever thereafter cease to exist. The person or organization to whom the parental rights are transferred has custody and guardianship of the child, but the custody and guardianship terminate automatically upon the entry of another order transferring parental rights or an order of adoption. (b) (1) Upon the issuance of an order terminating the existing parental rights and transferring the parental rights to another person or organization, the child loses all rights of inheritance from each parent whose parental rights were terminated and from the parent's collateral or lineal relatives.  (2) A parent whose parental rights are terminated and the parent's collateral or lineal relatives lose all rights of inheritance from the child. (c) This section does not limit the right of an individual to provide for the disposition of the individual's property by will. (d) The termination of 1 parent's rights does not affect the other parent's rights. 13 Del. C. 1953, §  1112;  53 Del. Laws, c. 102, §  4;  68 Del. Laws, c. 276, §  1;  83 Del. Laws, c. 226, § 16;
13 DE Code § 1114. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings|§ 1114. Placement for adoption and post-termination placement order.

§ 1114. Placement for adoption and post-termination placement order. If the Court issues an order terminating existing parental rights and transferring them to DSCYF or a licensed agency, all of the following must occur:  (1) The agency shall attempt to promptly place the child for adoption. (2) Every 6 months after the Court issues the order, or more frequently at the Court's discretion, and until an adoption decree, guardianship, or permanent guardianship order is entered, the Court shall convene a hearing or require the agency to submit to the Court a written report that must include at least all of the following:  a. Details of the agency's reasonable efforts toward finalizing a permanency plan. b. A description of the steps the agency took to achieve the permanency plan. c. A description of barriers to the permanency plan and how the barriers may be overcome.65 Del. Laws, c. 457, §  1;  68 Del. Laws, c. 276, §  1;  79 Del. Laws, c. 234, §  1;  83 Del. Laws, c. 226, § 17;
13 DE Code § 1115. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings|§ 1115. Interpretation.

§ 1115. Interpretation. This chapter is intended to promote without undue delay the paramount objective of advancing the best interest of the child, and a question of interpretation must be construed liberally to achieve this legislative intent. 59 Del. Laws, c. 466, §  23;  62 Del. Laws, c. 420, §  11;  68 Del. Laws, c. 276, §  1;  83 Del. Laws, c. 226, § 18;
13 DE Code § 1116. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings|§ 1116. Reinstatement of parental rights.

§ 1116. Reinstatement of parental rights. (a) A petition for reinstatement of parental rights may be filed in Court on behalf of a child if all of the following conditions are met:  (1) The child is at least 14 years old when the petition is filed. (2) Parental rights in the child are vested in DSCYF when the petition is filed, regardless of the date parental rights were terminated. (3) The child is in DSCYF custody under Chapter 25 of this title when the petition is filed. (4) Adoption of the child is not possible or appropriate. (5) The child consents to the reinstatement. (6) The parent who is subject to the reinstatement consents. (7) At least 2 years have elapsed since the final termination of parental rights order or the child is 17 years old. (b) The Court retains jurisdiction to reinstate parental rights in a case in which the Court previously terminated parental rights. A petition for reinstatement must be filed in the county in which the child's DSCYF custody case is heard. (c) The child, the child's attorney, or DSCYF may file a petition for reinstatement of parental rights against 1 or both parents. (d) Notice and service of the petition must be completed under § 3103 of Title 10 and Court rules. (e) (1) If the factors under subsection (a) of this section are met, the Court shall hold a hearing on the petition for reinstatement of parental rights. (2) The Court may grant a petition under this section if it finds by clear and convincing evidence that reinstatement is in the best interest of the child. (f) A petition granted under this section does not affect the validity of the underlying order terminating parental rights. (g) A parent whose rights are reinstated under this section is not liable for child support for the time period during which the parent's parental rights were terminated. (h) A cause of action concerning the original termination of parental rights may not be brought against DSCYF, a licensed agency, or another party. Upon the Court's issuance of a final order reinstating parental rights, all of the rights, duties, privileges, and obligations recognized by law between parent and child are reinstated, including rights of inheritance. 79 Del. Laws, c. 165, §  2;  83 Del. Laws, c. 226, § 19;
13 DE Code § 1501. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 15. Divorce and Annulment|§ 1501. Short title.

§ 1501. Short title. This chapter shall be known and may be cited as the “Delaware Divorce and Annulment Act.” 59 Del. Laws, c. 350, §  1;
13 DE Code § 1502. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 15. Divorce and Annulment|§ 1502. Purpose; construction.

§ 1502. Purpose; construction. This chapter shall be liberally construed and applied to promote its underlying purposes, which are:  (1) To promote the amicable settlement of disputes that have arisen between parties to a marriage; (2) To mitigate the potential harm to spouses and their children caused by the process of legal dissolution of marriage; (3) To make the law of divorce more effective for dealing with the realities of matrimonial experience by making irretrievable breakdown of the marriage relationship the sole basis for divorce; (4) To permit dissolution of a marriage where the marriage is irretrievably broken despite the objections of an unwilling spouse; (5) To award alimony under this chapter to a dependent party but only during the continuance of such dependency; (6) To award alimony in appropriate cases so as to encourage parties to become self-supporting; (7) [Repealed.]59 Del. Laws, c. 350, §  1;  61 Del. Laws, c. 204, §  1;  62 Del. Laws, c. 168, §  1;
13 DE Code § 1503. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 15. Divorce and Annulment|§ 1503. Definitions.

§ 1503. Definitions. For purposes of this chapter, unless the context indicates differently:  (1) “Actually resided” means was domiciled. (2) “Commencement of the action” means the time of filing the petition. (3) “Court” means Family Court of the State. (4) “Incompatibility” means marital rift or discord that has destroyed the marriage relation, without regard to the fault of either party. (5) “Mental illness” means mental incapacity or infirmity so destructive of the marriage relation that petitioner cannot reasonably be expected to continue in that relation. (6) “Misconduct” means conduct so destructive of the marriage relation that petitioner cannot reasonably be expected to continue in that relation; and “misconduct” includes, as examples, adultery, bigamy, conviction of a crime the sentence for which might be incarceration for 1 or more years, repeated physical or oral abuse directed against petitioner or children living in the home, desertion, wilful refusal to perform marriage obligations, contracting venereal disease, habitual intemperance, habitual use of illegal drugs or other incapacitating substances and/or other serious offenses destructive of the marriage relation. (7) “Separation” means living separate and apart for 6 or more months immediately preceding the ruling upon the petition for a decree of divorce, except that no period of separation is required with respect to a marriage characterized under § 1505(b)(2) of this title; and separation may commence and/or continue while the parties reside under the same roof, provided, during such period, the parties occupy separate bedrooms and do not have sexual relations with each other, except as § 1505(e) of this title may apply. (8) “Voluntary separation” means separation by mutual consent or acquiescence; but if respondent denies that the separation was voluntary then mutual consent or acquiescence must be established either by written agreement of the parties or by proof of institution by respondent of separate judicial proceedings premised upon respondent's consent to or acquiescence in the separation.59 Del. Laws, c. 350, §  1;  60 Del. Laws, c. 297, §§  1, 2;  60 Del. Laws, c. 331, §  1;  60 Del. Laws, c. 333, §  1;  61 Del. Laws, c. 365, §§  1, 2;  80 Del. Laws, c. 288, § 1;
13 DE Code § 1504. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 15. Divorce and Annulment|§ 1504. Jurisdiction; residence; procedure.

§ 1504. Jurisdiction; residence; procedure. (a) The Family Court of the State has jurisdiction over all actions for divorce and annulment of marriage where either petitioner or respondent, at the time the action was commenced, actually resided in this State, or was stationed in this State as a member of the armed services of the United States, continuously for 6 or more months immediately preceding the commencement of the action. Notwithstanding the immediately preceding sentence, in addition to any other basis for jurisdiction it may otherwise have, the Family Court of this State has jurisdiction over all proceedings for divorce and annulment of same-gender marriages that are solemnized in this State or created by conversion of civil unions pursuant to the laws of this State, notwithstanding that the domicile or residency of the petitioner and the respondent are not in this State, if the jurisdiction of domicile or residency of the petitioner and/or the respondent does not by law affirmatively permit such a proceeding to be brought in the courts of that jurisdiction. If neither of the parties to a same-gender marriage solemnized in this State or created by conversion of a civil union pursuant to the laws of this State reside in this State, any petition for divorce or annulment of such marriage shall be filed in the county in which one or both of such parties last resided in this State. (b) The procedure in divorce and annulment shall conform to the rules of the Court where the same do not contravene this title. 13 Del. C. 1953, §  1501;  58 Del. Laws, c. 349, §  1;  59 Del. Laws, c. 350, §  1;  60 Del. Laws, c. 297, §  3;  60 Del. Laws, c. 333, §  2;  79 Del. Laws, c. 19, §  7;
13 DE Code § 1505. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 15. Divorce and Annulment|§ 1505. Divorce; marriage irretrievably broken and reconciliation improbable; defenses; efforts at reconciliation.

§ 1505. Divorce; marriage irretrievably broken and reconciliation improbable; defenses; efforts at reconciliation. (a) The Court shall enter a decree of divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable. (b) A marriage is irretrievably broken where it is characterized by:  (1) Voluntary separation; or (2) Separation caused by respondent's misconduct; or (3) Separation caused by respondent's mental illness; or (4) Separation caused by incompatibility. (c) Previously existing defenses to divorce of condonation, connivance, recrimination, insanity and lapse of time are preserved but only with respect to marriages characterized under paragraph (b)(2) of this section. (d) The only defense to a divorce action shall be the failure to establish either:  (1) The marriage of the parties; or (2) Jurisdictional requirements of § 1504 of this title; or (3) That the marriage is irretrievably broken; or (4) A defense permitted under subsection (c) of this section because of the characterization of the marriage under paragraph (b)(2) of this section. (e) Bona fide efforts to achieve reconciliation prior to divorce, even those that include, temporarily, sleeping in the same bedroom and resumption of sexual relations, shall not interrupt any period of living separate and apart, provided that the parties have not occupied the same bedroom or had sexual relations with each other within the 30-day period immediately preceding the day the Court hears the petition for divorce. 24 Del. Laws, c. 221, §  3;  25 Del. Laws, c. 213, §  2;  Code 1915, §  3006;  35 Del. Laws, c. 188, §  1;  Code 1935, §  3499;  41 Del. Laws, c. 186, §  1;  43 Del. Laws, c. 206, §  1;  13 Del. C. 1953, §  1522;  49 Del. Laws, c. 57, §  1;  51 Del. Laws, c. 27;  56 Del. Laws, c. 296, §§  1-3;  59 Del. Laws, c. 350, §  1;  60 Del. Laws, c. 333, §§  3, 4;  61 Del. Laws, c. 365, §§  3-5;
13 DE Code § 1510. (2021)
2021 Delaware Code|Title 13 - Domestic Relations|Chapter 15. Divorce and Annulment|§ 1510. Enforcement of interim orders.

§ 1510. Enforcement of interim orders. Whenever there is exhibited to any duly authorized sheriff, constable or police officer a certified copy of an order issued by the Court in an action for divorce, or annulment, enjoining any person from threatening, beating, striking, assaulting any other person, or requiring the person to remove himself or herself from certain premises and to refrain from loitering, entering or remaining near the premises thereafter and the copy of the order shows under signature of the person so serving that a copy of the order has been properly served upon the person named in the order and the person named commits an apparent violation of its terms, it shall be the duty of the sheriff, constable or police officer to take him or her immediately before the Court issuing the order or if that Court is not in session then to the nearest jail until bail is fixed and provided or until the convening of its next session, to await further action for the violation. 59 Del. Laws, c. 350, §  1;  70 Del. Laws, c. 186, §  1;