reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2213. Parent locator information from interstate networks.

§ 2213. Parent locator information from interstate networks.
(a) The Division of Child Support Services (the “Division”) shall have access to locator information contained in data systems used by the State for purposes which include, but are not limited to, motor vehicle and law enforcement.
(b) Upon request, the Division shall make available locator information, as provided in subsection (a) of this section, for use by federal and state agencies conducting activities pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.). The Division may respond to a request for information, made under this section by any appropriate method including, but not limited to, paper, facsimile, telephone, magnetic tape or other electronic means.
(c) Locator information obtained by the Division, as provided in subsection (a) of this section, shall be used only for the purposes of, and to the extent necessary for, the administration of activities authorized by Part D of Title IV of the Social Security Act (42 U.S.C. § 651 et seq.). No entity or individual who complies with the provisions of this section shall be liable in any civil or criminal action or proceeding brought by a putative father, an obligor or an obligee on account of such compliance.
(d) The Director of the Division shall be responsible for the preparation of policy, procedures and directives as may be required to implement this section.
71 Del. Laws, c. 216, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 234, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2214. Collection and use of Social Security numbers.

§ 2214. Collection and use of Social Security numbers.
(a) The Division of Child Support Services shall have access to the Social Security number of:
(1) Any applicant for a license as that has been defined in this section;
(2) Any applicant for a marriage license;
(3) Any individual who is subject to a divorce decree, support order or judgment, paternity order, or an acknowledgment of paternity filed in this State pursuant to § 8-302 of Title 13 or §§ 3105 and 3121 of Title 16;
(4) Any individual who has died; and
(5) Any individual who is a petitioner or respondent in a paternity or child support proceeding filed in this State or in an interstate action in which this State serves as the initiating or responding jurisdiction.
(b) Social security numbers collected pursuant to subsection (a) of this section shall be maintained in the records of the collecting agency. In the case of individuals who have died, the Social Security number also shall appear on the face of the death certificate.
(c) As used in this section, the term “license” means a commercial driver's license or license to operate a motor vehicle issued or renewed under Chapter 26 or 27 of Title 21, a hunting, fishing and trapping license issued or renewed under Chapter 5 of Title 7, and a license, permit, certificate, approval, registration or other similar form of permission or authorization to practice or engage in any profession, occupation or business issued or renewed by the Division of Revenue under Chapter 23, 25, 27 or 29 of Title 30, or by any commission, board or agency under the authority of the Division of Professional Regulation which is named in § 8735 of Title 29 (but not including any license issued on behalf of a nonprofit applicant by the Board of Charitable Gaming as set forth in Chapter 15 of Title 28).
(d) Upon request, the Division of Child Support Services shall make available locator information, as provided in subsection (a) of this section, for use by federal and state agencies conducting activities pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.). The Division may respond to a request for information made under this section by any appropriate method including, but not limited to, paper, facsimile, telephone, magnetic tape or other electronic means.
(e) If a tribunal or agency also uses an identifying number other than the Social Security number, the tribunal or agency must so advise parties or applicants.
(f) The Director of the Division of Child Support Services shall be responsible for the preparation of policy, procedures, and directives as may be required to implement this section.
71 Del. Laws, c. 216, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 6, §  1;  78 Del. Laws, c. 102, §  1;  80 Del. Laws, c. 234, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2215A. Child support liens; data match.

§ 2215A. Child support liens; data match.
(a) For purposes of this section:
(1) “Data collection organization” means an insurance claim data collection organization or data match program that cooperates and coordinates with the Division of Child Support Services.
(2) “Director” means the Director of the Division.
(3) “Division” means the Division of Child Support Services.
(b) (1) Upon notice of a claim based upon negligence, personal injury, or workers' compensation, an insurer authorized to transact business under Title 18 shall submit required claim data maintained by the insurer or other paying agent directly to a data collection organization.
(2) An insurer shall submit the claim data required under this section no less than monthly.
(3) The claim data required under this section must include the claimant's name and address and if known, the claimant's date of birth and social security number or other taxpayer identification number.
(c) A data collection organization must conduct a data match of all claimants provided under subsection (b) of this section and the data file provided by the Division and report any matches to the Division.
(d) If an insurer does not provide claim data under subsection (b) of this section, the insurer is liable to the Director for the amount that would have been due if the claim data had been reported and the lien issued and perfected.
(e) An insurer, other paying agent, or data collection organization is not liable for any of the following:
(1) Disclosing information under this section.
(2) Encumbering or surrendering assets under this section.
(3) Actions taken in good faith to comply substantially with the requirements of this section.
82 Del. Laws, c. 41, § 2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2217. Credit bureau reporting.

§ 2217. Credit bureau reporting.
Information regarding the amount of arrearages owed by an obligor shall be reported by the Division of Child Support Services, at such intervals as it determines, to consumer reporting agencies, as that term is defined in 15 U.S.C. § 1681a(f), or be made available by the Division of Child Support Services to any consumer reporting agency upon request, subject to the following:
(1) The amount of arrearages are not less than $500.
(2) The information shall be made available only after the obligor owing the arrearages has been notified of the proposed action and given a period of 20 days to contest the accuracy of the information.
(3) A fee for furnishing the information in an amount not exceeding the actual cost thereof may be imposed on the requesting consumer reporting agency by the Division of Child Support Services.
71 Del. Laws, c. 216, §  1;  80 Del. Laws, c. 234, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2218. Requests for information.

§ 2218. Requests for information.
(a) Upon receipt of a written request or a request by electronic means, where available, from the Director of the Division of Child Support Services in any case enforced by the Division pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), any employer, as that term is defined in § 513(b)(6) of this title, and any labor organization, as that term is defined in § 710 of Title 19, shall cooperate with and provide relevant employment and income information in the possession of such employer or labor organization to the Director or the Director's designee for the purpose of establishing paternity or establishing, modifying or enforcing a child support order. Relevant employment and income information includes:
the address of the employer; whether the named person is a current or past employee or contractor of the employer, or whether the named person has or has not been employed or hired as a contractor to the knowledge of the labor organization; the full name of the employee, contractor or member; the last known residential address of the employee, contractor or member; the date of birth of the employee, contractor or member; the Social Security number of the employee, contractor or member; all income, as that term is defined in § 513(b)(5) of this title, paid to the employee, contractor or member in the prior and current calendar year and the current rate of pay and benefits provided to the employee, member or contractor; and whether dependent health insurance coverage is available to the employee or member through employment or membership in the labor organization, together with information about the name of the health-care insurer and the extent of the coverage available.
(b) An employer or labor organization shall be immune from any liability for providing information pursuant to this subsection.
(c) Any employer or labor organization that fails or refuses to provide the information described in this section within 15 days after receipt of a request from the Director of the Division of Child Support Services or as otherwise provided in such request shall be punished by a fine of not less than $100 nor more than $500. For a second or subsequent offense, such employer or labor organization shall be fined not less than $500 nor more than $1,000. A fine under this section may not be suspended. If the employer or labor organization is a corporation, criminal liability shall be established pursuant to §§ 281-284 of Title 11.
71 Del. Laws, c. 216, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 234, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2219. Obligation of parties to provide information.

§ 2219. Obligation of parties to provide information.
Each party shall receive written notice, which may be contained in the support judgment or order, that the party is required to keep the court informed of such party's current residential address, drivers license number, telephone number, employer, employer address and employer telephone number.
71 Del. Laws, c. 216, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 22. DIVISION OF CHILD SUPPORT SERVICES › § 2220. Definitions.

§ 2220. Definitions.
Unless a different meaning is plainly required by the context, words and phrases used in this chapter shall have the same meaning as those defined in § 401(b) of this title.
71 Del. Laws, c. 216, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter I. Definitions and Jurisdiction › § 2301. Intent and purpose.

§ 2301. Intent and purpose.
The General Assembly hereby declares that although the Family Court has jurisdiction to grant guardianship, there does not presently exist any statutory framework for our families, our children and our Family Court judiciary as to the proper procedures and requirements for guardianship in the Family Court.
73 Del. Laws, c. 150, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter I. Definitions and Jurisdiction › § 2302. Definitions [Effective until Jan. 27, 2024].

§ 2302. Definitions [Effective until Jan. 27, 2024].
For the purposes of this chapter, unless the context indicates differently:
(1) “Abuse” or “abused child” is as defined in § 901 of Title 10.
(2) “Adult” means a person who has reached an 18th birthday.
(3) “Best interests” is as defined in § 722 of this title.
(4) “Child” or “children” means persons who have not reached their 18th birthday.
(5) “Court” means the Family Court.
(6) “Department” or “DSCYF” means the Department of Services for Children, Youth and Their Families.
(7) “Dependency” or “dependent child” is as defined in § 901 of Title 10.
(8) “Division” means the Division of Family Services of the Department of Services for Children, Youth and Their Families.
(9) “Foster parent” means an individual or couple who has been approved by DSCYF or a licensed agency to provide foster care in exchange for foster care payments provided by DSCYF or a licensed agency.
(10) “Guardian” means a nonparent or an agency charged with caring for a child during the child's minority.
(11) “Guardian ad litem” means an individual appointed by the Court to represent the best interests of a child, whether or not that reflects the wishes of the child, who by that individual's appointment shall be a party to the child welfare proceeding.
(12) “Neglect” or “neglected child” is as defined in § 901 of Title 10.
(13) “Parent” is as defined by § 8-201 of this title.
(14) “Parental responsibilities” means the care, support and control of the child in a manner that provides for the child's necessary physical needs, including adequate food, clothing and shelter, and that also provides for the mental and emotional health and development of such child.
(15) “Permanency” means the safe, stable, custodial environment in which a child is raised and the life-long relationship that child establishes with a nurturing caregiver.
(16) “Relative” shall have the same meaning as used in § 901 of Title 10.
73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 136, §§  9-12;  77 Del. Laws, c. 97, §  4;  79 Del. Laws, c. 246, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter I. Definitions and Jurisdiction › § 2302. Definitions [Effective Jan. 27, 2024].

§ 2302. Definitions [Effective Jan. 27, 2024].
For the purposes of this chapter, unless the context indicates differently:
(1) “Abuse” or “abused child” is as defined in § 901 of Title 10.
(2) “Adult” means a person who has reached an 18th birthday.
(3) “Best interests” is as defined in § 722 of this title.
(4) “Child” or “children” means persons who have not reached their 18th birthday.
(5) “Court” means the Family Court.
(6) “Department” or “DSCYF” means the Department of Services for Children, Youth and Their Families.
(7) “Dependency” or “dependent child” is as defined in § 901 of Title 10.
(8) “Division” means the Division of Family Services of the Department of Services for Children, Youth and Their Families.
(9) “Foster parent” means an individual or couple who has been approved by DSCYF or a licensed agency to provide foster care in exchange for foster care payments provided by DSCYF or a licensed agency.
(10) “Guardian” means a nonparent or an agency charged with caring for a child during the child's minority.
(11) “Guardian ad litem” means an individual appointed by the Court to represent the best interests of a child, whether or not that reflects the wishes of the child, who by that individual's appointment shall be a party to the child welfare proceeding.
(12) “Neglect” or “neglected child” is as defined in § 901 of Title 10.
(13) “Parent” is as defined by § 8-201 of this title.
(14) “Parental responsibilities” means the care, support and control of the child in a manner that provides for the child's necessary physical needs, including adequate food, clothing and shelter, and that also provides for the mental and emotional health and development of such child.
(15) “Permanency” means the safe, stable, custodial environment in which a child is raised and the life-long relationship that child establishes with a nurturing caregiver.
(16) “Relative” means any sibling, grandparent, uncle, aunt, first cousin, first cousin once removed, great-grandparent, grandaunt or granduncle, half sibling, stepparent, stepsibling, stepaunt or stepuncle, or stepgrandparent of the child who is the subject of a guardianship petition.
73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 136, §§  9-12;  77 Del. Laws, c. 97, §  4;  79 Del. Laws, c. 246, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 128, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter I. Definitions and Jurisdiction › § 2303. Jurisdiction and venue.

§ 2303. Jurisdiction and venue.
(a) The Family Court shall have jurisdiction of proceedings under this chapter to grant, modify and/or terminate guardianship.
(b) A petition for guardianship under this chapter may be filed in the Family Court of any of the following counties:
(1) The county in which at least 1 parent resides;
(2) The county in which the organization having legal or physical care, custody or control of the child is located; or
(3) The county in which the child is located.
73 Del. Laws, c. 150, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2320. Persons eligible to petition for guardianship [Effective until Jan. 27, 2024].

§ 2320. Persons eligible to petition for guardianship [Effective until Jan. 27, 2024].
Unless otherwise specified in this chapter, any adult person or persons may petition the Family Court for a guardianship order regarding a child who is not the adult person's or persons' child. Unless otherwise specified in this chapter, DSCYF, the Division, a licensed agency, the guardian ad litem or a hospital that has an interest in the health, education or welfare of a child or children may petition the Family Court for a guardianship order so long as the proposed guardian or guardians consent to the appointment.
73 Del. Laws, c. 150, §  1;  70 Del Laws, c. 186,, §  1;  73 Del. Laws, c. 360, §  1;  79 Del. Laws, c. 246, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2320. Persons eligible to petition for guardianship [Effective Jan. 27, 2024].

§ 2320. Persons eligible to petition for guardianship [Effective Jan. 27, 2024].
Unless otherwise specified in this chapter, any adult person or persons may petition the Family Court for a guardianship order regarding a child who is not the adult person's or persons' child. Unless otherwise specified in this chapter, DSCYF, the Division, a licensed agency, the child's attorney, the guardian ad litem or a hospital that has an interest in the health, education or welfare of a child or children may petition the Family Court for a guardianship order so long as the proposed guardian or guardians consent to the appointment.
73 Del. Laws, c. 150, §  1;  70 Del Laws, c. 186,, §  1;  73 Del. Laws, c. 360, §  1;  79 Del. Laws, c. 246, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 128, § 2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2321. Consent by parent [Effective until Jan. 27, 2024].

§ 2321. Consent by parent [Effective until Jan. 27, 2024].
Unless otherwise provided by this chapter, the parent or parents may voluntarily consent to the guardianship.
73 Del. Laws, c. 150, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2321. Consent by parent [Effective Jan. 27, 2024].

§ 2321. Consent by parent [Effective Jan. 27, 2024].
Unless otherwise provided by this chapter, the parent or parents may voluntarily consent to the guardianship. Notwithstanding such consent, a reason for establishing the guardianship shall be provided.
73 Del. Laws, c. 150, §  1;  84 Del. Laws, c. 128, § 3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2322. Contents of petition [Effective until Jan. 27, 2024].

§ 2322. Contents of petition [Effective until Jan. 27, 2024].
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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2322. Contents of petition [Effective Jan. 27, 2024].

§ 2322. Contents of petition [Effective Jan. 27, 2024].
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. Notwithstanding the parent's consent, the petitioner must state the reason for establishing the guardianship. An affidavit shall also be filed indicating that the parent consents to the guardianship and whether the parent consents to the reason for establishing the guardianship as stated by the petitioner. The affidavit shall also include a statement that the parent understands the impact that consenting to the reason has on future rescission proceedings under § 2332 of this title;
(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;  84 Del. Laws, c. 128, § 4;
2023 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 [Effective until Jan. 27, 2024].

§ 2324. Social study and report [Effective until Jan. 27, 2024].
(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;
2023 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 [Effective Jan. 27, 2024].

§ 2324. Social study and report [Effective Jan. 27, 2024].
(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 agency,” as defined in § 1101 of this title, 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;  84 Del. Laws, c. 128, § 5;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2324A. Assessment [Effective Jan. 27, 2024].

§ 2324A. Assessment [Effective Jan. 27, 2024].
(a) DSCYF or a “licensed agency,” as defined in § 1101 of this title, shall conduct an assessment of any person who is the proposed guardian and who is not a “relative,” as defined in § 2302 of this title.
(b) Notwithstanding subsection (a) of this section, the Court has jurisdiction to hear and rule on any petition for guardianship, including granting of emergency relief, and to determine placement for a child in DSCYF custody under § 2521(1) of this title.
84 Del. Laws, c. 128, § 6;
2023 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;
2023 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 [Effective until Jan. 27, 2024].

§ 2326. Decision within 30 days [Effective until Jan. 27, 2024].
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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2326. Decision within 45 days [Effective Jan. 27, 2024].

§ 2326. Decision within 45 days [Effective Jan. 27, 2024].
The Court shall issue a decision and order on a petition for guardianship under this chapter within 45 days following the conclusion of the proceedings, or if no hearing is necessary, within 45 days of the petition and social report, if applicable, being filed.
73 Del. Laws, c. 150, §  1;  84 Del. Laws, c. 128, § 7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2327. Confidentiality of proceedings [Effective until Jan. 27, 2024].

§ 2327. Confidentiality of proceedings [Effective until Jan. 27, 2024].
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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2327. Confidentiality of proceedings [Effective Jan. 27, 2024].

§ 2327. Confidentiality of proceedings [Effective Jan. 27, 2024].
All proceedings under this chapter shall be held before the Court privately, but for reasons appearing sufficient to the Court, the hearing may be public.
73 Del. Laws, c. 150, §  1;  84 Del. Laws, c. 128, § 8;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2328. Appeals [Effective until Jan. 27, 2024].

§ 2328. Appeals [Effective until Jan. 27, 2024].
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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter II. General Procedures for Appointment of Guardians › § 2328. Appeals [Effective Jan. 27, 2024].

§ 2328. Appeals [Effective Jan. 27, 2024].
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, 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;  84 Del. Laws, c. 128, § 9;
2023 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 [Effective until Jan. 27, 2024].

§ 2330. Grounds for guardianship of the child [Effective until Jan. 27, 2024].
(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;
2023 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 [Effective Jan. 27, 2024].

§ 2330. Grounds for guardianship of the child [Effective Jan. 27, 2024].
(a) Before granting an order for guardianship under this chapter, when parental rights are vested in 1 or more parents, the Court shall find for each parent holding parental rights 1 of the following:
(1) The parent voluntarily consents to the guardianship.
a. Notwithstanding the consent, if the child is in DSCYF custody, the Court shall 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.
b. The Court shall also determine the reason for establishing the guardianship.
(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 parental rights have been terminated and those rights are vested in DSCYF or a “licensed agency,” as defined in § 1101 of this title, the Court shall grant an order for guardianship upon finding both of the following:
(1) Guardianship is the appropriate permanency plan for the child.
(2) It is in the best interests of the child for the guardianship to be granted.
(c) When more than 1 petition for guardianship regarding the same child or children has been filed, and the elements of either subsection (a) or (b) of this section are met, the Court shall determine which petition, if any, to grant based upon the best interests of the child.
(d) When a guardianship petition is filed against a guardian, and the elements of either subsection (a) or (b) of this section are met, the Court shall determine whether the petition shall be granted based upon the best interests of the child.
(e) 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, whether just cause requires the guardianship be granted.
(f) If the Court determines the elements of subsection (a) or (b) of this section have been met, the Court shall issue an order stating the grounds and the reason for establishing the guardianship. The Court shall also determine by a preponderance of evidence the nature and extent, if any, of contact, sharing of information, 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;  84 Del. Laws, c. 128, § 10;
2023 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;
2023 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 [Effective until Jan. 27, 2024].

§ 2332. Termination, modification or rescission of guardianship order [Effective until Jan. 27, 2024].
(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;
2023 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 [Effective Jan. 27, 2024].

§ 2332. Termination, modification or rescission of guardianship order [Effective Jan. 27, 2024].
(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 determined by consent or by a finding of the Court at the time the guardianship was established, unless:
(1) The Court finds the guardian has established, by a preponderance of the evidence, the child will be dependent, neglected, or abused in the care of the parent or parents seeking rescission; or
(2) The Court finds the guardian has established, by clear and convincing evidence, 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;  84 Del. Laws, c. 128, § 11;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter III. Guardian of the Child › § 2333. Subsidies [Effective until Jan. 27, 2024].

§ 2333. Subsidies [Effective until Jan. 27, 2024].
(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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter III. Guardian of the Child › § 2333. Subsidies [Effective Jan. 27, 2024].

§ 2333. Subsidies [Effective Jan. 27, 2024].
(a) DSCYF, in its discretion, may award subsidy moneys to guardians of the 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 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;  84 Del. Laws, c. 128, § 12;
2023 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 [Effective until Jan. 27, 2024].

§ 2340. Powers and duties of the guardian of the child [Effective until Jan. 27, 2024].
(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;
2023 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 [Effective Jan. 27, 2024].

§ 2340. Powers and duties of the guardian of the child [Effective Jan. 27, 2024].
(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.
a. Notwithstanding the guardian's authority under this subsection, if there is a proposed relocation of a child for a period of 60 days or more involving either a move outside Delaware or a move that materially affects a parent's existing visitation arrangement or order, the guardian must obtain at least 1 of the following:
1. Leave of court.
2. The consent of the child's parents.
b. When considering a guardian's request to relocate a child, the Court shall apply the relocation factors under § 734 of this title.
(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 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 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;  84 Del. Laws, c. 128, § 13;