reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 5. SUPERIOR COURT › Subchapter III. General Jurisdiction and Powers › § 546. Mediation and arbitration proceedings for business disputes.

§ 546. Mediation and arbitration proceedings for business disputes.
(a) Without limiting the jurisdiction of any court of this State, the Superior Court shall have the power to mediate and arbitrate business disputes when:
(1) The parties have consented by agreement or by stipulation to the mediation or arbitration by courts of this State;
(2) At least 1 party is a business entity formed or organized under the laws of this State or having its principal place of business in this State, or the business dispute is governed by Delaware law;
(3) No party is a consumer, as that term is defined in § 2731 of Title 6, with respect to the business dispute;
(4) The amount in controversy is no less than $100,000 or such other amount as the Superior Court determines by rule; and
(5) The Superior Court, without regard to this section, would have subject matter jurisdiction to adjudicate the business dispute.
(b) A mediation pursuant to this section shall involve a request by parties to have a member of the Superior Court act as a mediator to assist the parties in reaching a mutually satisfactory resolution of their business dispute. Mediation proceedings shall be considered confidential and not of public record.
(c) Arbitration proceedings shall be considered confidential and not of public record until such time, if any, as the proceedings are the subject of an appeal. In the case of an appeal, the record shall be filed by the parties with the Supreme Court in accordance with its rules, and to the extent applicable, the rules of the Superior Court.
(d) The parties in any matter may stipulate that the decision of the Superior Court, or a Commissioner of the Superior Court if they so choose, shall be final and binding and not subject to appeal.
(e) This section is intended to encourage the resolution of business disputes by means of arbitration and mediation. The Superior Court should interpret its rule-making authority broadly to effectuate that intention.
77 Del. Laws, c. 439, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 5. SUPERIOR COURT › Subchapter IV. Procedure › § 561. Rules of Court in civil actions.

§ 561. Rules of Court in civil actions.
(a) The Judges of the Superior Court, or a majority of them, may, from time to time, adopt and promulgate general rules which prescribe, establish and regulate the form, issuance and return of process and writs, the form and system of pleading, and all other practice and procedure with respect to the commencement, trial, hearing and determination of civil actions in the Superior Court.
(b) Such rules shall be for the purpose of securing the just and, so far as possible, the speedy and inexpensive determination of every such action. The rules shall not abridge, enlarge or modify any substantive right of any party, and they shall preserve the right of trial by jury as at common law and as declared by the statutes and Constitution of this State.
(c) The rules so adopted and promulgated, and all amendments thereof, shall, after they have taken effect, supersede all statutory provisions in conflict or inconsistent therewith.
(d) Any inconsistency or conflict between any rule promulgated under the authority of this section or prior law, and any of the provisions of this Code or other statute of this State dealing with practice or procedure in the Superior Court, shall be resolved in favor of such rule of court. Nothing in this Code, anything therein to the contrary notwithstanding, shall in any way limit, supersede or repeal any rule heretofore promulgated governing practice or procedure in civil actions in the Superior Court.
(e) As used in this section, the phrase “civil actions in the Superior Court” includes proceedings of every kind or character within the jurisdiction of that Court except criminal proceedings.
Code 1852, §§  1921, 2301-2304;  27 Del. Laws, c. 270, §  4;  Code 1915, §§  3688, 3730, 4164-4166;  34 Del. Laws, c. 226;  Code 1935, §§  4240, 4280, 4643-4645;  10 Del. C. 1953, §  561;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 5. SUPERIOR COURT › Subchapter IV. Procedure › § 562. Writs.

§ 562. Writs.
The Superior Court may frame and issue all remedial writs, including writs of habeas corpus and certiorari, or other process, necessary for bringing the actions in that Court to trial and for carrying the judgments of the Court into execution. All writs shall be granted of course and shall be in such form and returnable at such time as may be prescribed by the rules of the Court, or otherwise as the particular case may require.
Code 1852, §§  1923, 1924;  Code 1915, §  3735;  Code 1935, §  4285;  10 Del. C. 1953, §  562;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 5. SUPERIOR COURT › Subchapter IV. Procedure › § 563. Default judgments; jury trial.

§ 563. Default judgments; jury trial.
A party entitled to a judgment by default shall be deemed to have waived any right to a trial by jury of his or her damages or other issue unless the party makes a written demand therefor when the default interlocutory judgment is entered. If a jury trial is demanded, the action shall thereafter be designated upon the docket of the Superior Court as a jury action and proceeded with accordingly.
Code 1852, §  1920;  Code 1915, §  3729;  34 Del. Laws, c. 212;  Code 1935, §  4279;  10 Del. C. 1953, §  563;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 5. SUPERIOR COURT › Subchapter IV. Procedure › § 564. Mandamus.

§ 564. Mandamus.
Proceedings in mandamus shall be begun by the filing of a complaint in the Superior Court, upon which complaint a summons shall issue requiring the defendant to appear and file an answer within the time prescribed by the rules of the Court. Upon the filing of the answer either party may apply to the Court for hearing of the cause and the same may be heard by the Court at such time as may be ordered. The Court may make such orders respecting filing or hearing of interlocutory motions as shall be proper. Any questions of fact arising from the pleadings shall be heard and determined by the Court and if the Court orders that the plaintiff is entitled to the relief prayed for or any part thereof, a peremptory writ of mandamus shall issue forthwith which shall be served in the usual manner.
19 Del. Laws, c. 775, §  3;  Code 1915, §  3732;  34 Del. Laws, c. 213;  Code 1935, §  4282;  10 Del. C. 1953, §  564;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 5. SUPERIOR COURT › Subchapter IV. Procedure › § 565. Forfeiture of recognizance; satisfaction of judgment upon forfeited recognizance.

§ 565. Forfeiture of recognizance; satisfaction of judgment upon forfeited recognizance.
In case any person forfeits recognizance of the peace, behavior, or appearance, the Superior Court shall make a record of such default or forfeiture, and issue a scire facias, or other process, for the recovery of the forfeiture. The Court may also order the Attorney General to satisfy the judgment obtained upon any forfeited recognizance of the peace, behavior, or appearance, whenever it appears to the Court that the person or persons for whose keeping of the peace, behavior, or appearance the recognizance had been given, was or had been apprehended after the forfeiture of the recognizance, and the case disposed of by the public authorities having jurisdiction thereof, or whenever the Court has presented to it such facts or conditions as, in its discretion, would warrant it in ordering the satisfaction of such judgment. When such order is made, the defendant in the judgment shall pay the costs thereof.
Code 1852, §  1930;  Code 1915, §  3799;  33 Del. Laws, c. 225;  Code 1935, §  4311;  10 Del. C. 1953, §  565;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 5. SUPERIOR COURT › Subchapter IV. Procedure › § 566. Health care malpractice litigation.

§ 566. Health care malpractice litigation.
(a) All health care malpractice claims shall be brought in the Superior Court by means of filing a complaint in the Superior Court in the manner set forth in Chapter 68 of Title 18.
(b) The Judges of the Superior Court or a majority of them may, from time to time, adopt and promulgate such rules as they are permitted to promulgate in Chapter 68 of Title 18 or which they deem necessary for the regulation of the practice and procedure relating to the commencement, trial, hearing and determination of civil actions in the Superior Court and especially relating to the malpractice review panels provided for in subchapter III of Chapter 68 of Title 18 in health care malpractice litigation. Such rule-making power shall be in addition to all such rule-making powers otherwise granted to the Judges of the Superior Court in this title.
60 Del. Laws, c. 373, §  2;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 5. SUPERIOR COURT › Subchapter IV. Procedure › § 567. Power to appoint Masters.

§ 567. Power to appoint Masters.
The Superior Court may appoint Masters who shall exercise such powers of the Court as shall be designated by the Court. No Master shall conduct jury trials. Masters shall serve at the pleasure of the Court and shall receive such compensation as the Court may determine. The conduct of Masters shall be governed by Court rules.
66 Del. Laws, c. 213, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 5. SUPERIOR COURT › Subchapter IV. Procedure › § 568. Security of appeals.

§ 568. Security of appeals.
(a) In all civil actions in which an appeal is taken from a lower court to the Superior Court, no bond shall be required to be posted as a condition of taking said appeal. The Superior Court may nevertheless stay execution upon the judgment appealed from and may require, by court rule or otherwise, that the appellant provide a supersedeas bond for such limited purpose.
(b) On appeal, a cash deposit may be made in lieu of a bond with security. When a cash deposit is made in lieu of a bond on appeal, the cash deposit shall be retained until the final determination of the cause, and shall be subject to the lien of the judgment appealed from and costs, interest thereon and the costs of the appeal.
(c) The bond or any other security required under this section need not be given by:
(1) The State or any political subdivision thereof, authorized to sue or be sued;
(2) Any officer or employee of the State or any political subdivision thereof, suing or being sued in his or her representative capacity as such officer or employee; or
(3) Any board or committee of the State or any of its political subdivisions suing or being sued in its official capacity.
68 Del. Laws, c. 53, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 902. Purpose; construction.

§ 902. Purpose; construction.
(a) In the firm belief that compliance with the law by the individual and preservation of the family as a unit are fundamental to the maintenance of a stable, democratic society, the General Assembly intends by enactment of this chapter that 1 court shall have original statewide civil and criminal jurisdiction over family and child matters and offenses as set forth herein. The court shall endeavor to provide for each person coming under its jurisdiction such control, care, and treatment as will best serve the interests of the public, the family, and the offender, to the end that the home will, if possible, remain unbroken and the family members will recognize and discharge their legal and moral responsibilities to the public and to one another.
(b) This chapter shall be liberally construed that these purposes may be realized.
10 Del. C. 1953, §  902;  58 Del. Laws, c. 114, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 903. Court of record; name; subtitles.

§ 903. Court of record; name; subtitles.
This Court shall be a court of record and shall be known as “the Family Court of the State of Delaware.” It may be briefly cited as “the Family Court.” Its offices, forms, and processes in New Castle County shall be subtitled “for New Castle County,” in Kent County “for Kent County,” and in Sussex County “for Sussex County.”
10 Del. C. 1953, §  903;  58 Del. Laws, c. 114, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 904. State to provide Court facilities.

§ 904. State to provide Court facilities.
The State shall provide for the Court at the county seat in each county and in such other places as may be designated by the Chief Judge, adequate quarters properly furnished, consistent with the dignity of and suitable for the purposes of the Court.
10 Del. C. 1953, §  904;  58 Del. Laws, c. 114, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 905. Budget; payment of salaries and expenses.

§ 905. Budget; payment of salaries and expenses.
The Court shall operate financially in accordance with its budget as enacted by the General Assembly and within this limit the Secretary of Finance shall pay the Court's salaries and expenses upon the warrant of the Administrator or an assistant administrator countersigned by the Chief Judge, if available, or, if not, by any Judge.
10 Del. C. 1953, §  905;  58 Del. Laws, c. 114, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 906. Judges; selection; designation; qualifications; terms; vacancies; salaries.

§ 906. Judges; selection; designation; qualifications; terms; vacancies; salaries.
(a) The Judges of the Family Court of the State in and for New Castle County and of the Family Court for Kent and Sussex Counties shall continue to serve as Judges of this Court for the remainders of their present terms. The enactment of this chapter ratifies their respective appointments and confirmations as Judges of this Court with statewide jurisdiction. All further appointments of Judges of this Court from time to time hereafter shall be made by the Governor, by and with the consent of a majority of all the members elected to the Senate. Appointments, including appointments to fill vacancies which may occur during a term, shall be for a term of 12 years.
(b) The Court shall be composed of 17 Judges of equal judicial authority. One Judge shall be the Chief Judge. No more than a majority of 1 Judge shall be members of the same political party.
(c) Appointees shall be duly admitted to the practice of law before the Supreme Court of this State for a period not less than 5 years prior to their appointment and shall be selected because of their knowledge of the law and interest in and understanding of family and child problems. They shall not practice law during their tenure and may be reappointed.
(d) One of the Judges shall be designated by the Governor as Chief Judge to hold office during the term of his or her appointment.
(e) All of the Judges shall be residents of the State for a period of 5 years immediately prior to their appointment. The Chief Judge may reside in any county of the State. After appointment, 10 of the Judges shall reside in New Castle County, 3 Judges shall reside in Kent County, and 3 Judges shall reside in Sussex County.
(f) The Chief Judge and each of the Judges of the Family Court shall receive such compensation as shall be provided by law.
10 Del. C. 1953, §  906;  58 Del. Laws, c. 114, §  1;  59 Del. Laws, c. 472, §  4;  60 Del. Laws, c. 47, §§  1, 2;  61 Del. Laws, c. 541, §§  1, 2;  62 Del. Laws, c. 12, §  4;  64 Del. Laws, c. 217, §§  1, 2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 238, §§  1, 2;  75 Del. Laws, c. 89, §  50;  76 Del. Laws, c. 213, §§  28-32;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 907. Administrative powers and duties of the Court.

§ 907. Administrative powers and duties of the Court.
The Court shall hold meetings when and where called by the Chief Judge or, in the Chief Judge's absence, by the senior Judge on duty, but in no event less often than semiannually. By vote of a majority of its members it shall:
(1) Adopt a seal.
(2) Establish a uniform schedule of deposits, costs, and service fees.
(3) Provide for the safeguarding of the Court's records.
(4) Require employee bonds as shall seem proper.
(5) Make and publish Court rules governing policies, processes, practices, and procedures, which shall be uniform throughout the State.
(6) Publish annual reports of the Court's activities, findings, and recommendations.
10 Del. C. 1953, §  907;  58 Del. Laws, c. 114, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 213, §  33;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 908. Chief Judge; powers; duties.

§ 908. Chief Judge; powers; duties.
The Chief Judge, or in the Chief Judge's absence the senior Judge on duty, shall:
(1) Be the Chief Executive Officer of the Court and preside at meetings thereof.
(2) Prepare and present to the Director of the Office of Management and Budget and the General Assembly the estimated budget of the Court for the ensuing fiscal year.
(3) Assign Judges to the several Courts.
(4) Approve the travel and other expenses incurred by the Judges and all employees in the performance of their duties.
(5) Establish, when necessary, a Judge's vacation schedule.
(6) [Repealed.]
(7) Establish a procedure for the assignment of cases to the Judges.
(8) Provide for payment of the Court's expenses.
(9) Appoint and remove at the judge's pleasure peace officers who shall be selected from among the employees of the Court and who, while so appointed shall have such powers normally incident to peace officers, including but not limited to, the power to make arrests in a criminal cases, provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions.
10 Del. C. 1953, §  908;  58 Del. Laws, c. 114, §  1;  63 Del. Laws, c. 75;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 88, §  21(5);  76 Del. Laws, c. 213, §§  34, 35;  78 Del. Laws, c. 79, §  2;  83 Del. Laws, c. 525, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 909. Administrator; qualifications; duties.

§ 909. Administrator; qualifications; duties.
There shall be an Administrator who shall possess an earned bachelor's degree and who shall have 3 years of supervisory experience in either governmental or private business administration or its equivalent. Under the Chief Judge's supervision, he or she shall:
(1) Be secretary to the Court in matters that pertain to the business administration of the Court.
(2) With the Director of Treatment Services, integrate into 1 harmonious whole the judicial, social, legal, clerical and administrative services of the Court.
(3) Submit to the Court a proposed budget for the ensuing fiscal year showing the total number of employees needed, classifications of employees and proposed salaries, and other anticipated expenses of the Court.
(4) Prepare the vouchers for salaries and expenses of the Court, which shall be signed by the Administrator and countersigned by the Chief Judge, or in the Chief Judge's absence, by any Judge, and forward them to the Secretary of Finance for payment.
(5) Prepare and keep current an inventory of the Court's capital assets.
(6) Regularly and frequently visit the Court in each county.
(7) Perform all duties prescribed by the Chief Judge.
10 Del. C. 1953, §  909;  58 Del. Laws, c. 114, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 910. Director of Treatment Services; qualification; duties.

§ 910. Director of Treatment Services; qualification; duties.
There shall be a Director of Treatment Services who shall possess an earned postgraduate degree in either criminology, and/or corrections, sociology, psychology, social work, or social sciences; and shall have had experience in administration and counseling in a judicial or correctional agency. Under the Chief Judge's supervision, the Director shall:
(1) Be secretary to the Court in matters that pertain to the Court's counseling services;
(2) Direct the Court's counseling services and personnel;
(3) With the Administrator, integrate into 1 harmonious whole the judicial, social, legal, clerical and administrative services of the Court;
(4) Direct the clerical and stenographic personnel who are assigned to work with the counseling personnel;
(5) Develop and maintain a training program for counseling of personnel;
(6) Perform all duties prescribed by the Chief Judge.
10 Del. C. 1953, §  910;  58 Del. Laws, c. 114, §  1;  66 Del. Laws, c. 233, §  4;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 911. Supervisors, counselors; qualifications; duties.

§ 911. Supervisors, counselors; qualifications; duties.
There shall be a Chief Supervisor for the Court in each county who shall possess an earned graduate degree in either criminology, and/or corrections, sociology, psychology or social work, and such other supervisors as shall have an earned graduate degree in social work, and such counselors as deemed necessary who shall possess earned bachelor's degrees. Other counselors may be appointed by the Chief Judge who shall possess such qualifications as the Chief Judge shall prescribe. They shall perform such duties as may be assigned to them.
10 Del. C. 1953, §  911;  58 Del. Laws, c. 114, §  1;  64 Del. Laws, c. 108, §  19;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 912. Clerks of Court; appointment; terms of office; bonds; duties.

§ 912. Clerks of Court; appointment; terms of office; bonds; duties.
(a) There shall be a Clerk of Court appointed for the Court in each county and such Deputy Clerks as the Chief Judge deems necessary.
(b) The Clerks and Deputy Clerks of the Court shall give bond to the State in the amount of $200,000 for the Clerk and Deputy Clerks of New Castle County and in the amount of $100,000 for the Clerk and Deputy Clerks of Kent and Sussex Counties to execute faithfully their duties while in office. The State shall bear the cost of the bond premiums required hereunder.
(c) The Clerk, or, in the Clerk's absence, the Deputy Clerk, shall have care of the legal records of the Court which the Clerk or Deputy Clerk serves and shall receive all fees, fines, costs, restitution and cash bail arising out of any proceeding in said Court. The Clerk or Deputy Clerk shall administer all necessary oaths, enter the judgments, issue commitments and executions to enforce the same and make up and keep the records of the Court in all cases therein. The Clerk or Deputy Clerk shall issue all process under his or her hand and the seal of the Court, and shall attest the same in the names of the Judges, or any of them, signing the same by the title of office, and shall tax costs. The Clerk or Deputy Clerk may take bail from persons arrested whether or not the Court is in session, subject to revision by a Judge, and shall do all other acts which the Court shall prescribe.
10 Del. C. 1953, §  912;  58 Del. Laws, c. 114, §  1;  63 Del. Laws, c. 141, §  4;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 916. Assignment of retired Commissioners to active duty.

§ 916. Assignment of retired Commissioners to active duty.
(a) Any retired Commissioner may be designated by the Chief Judge, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in any Family Court in the State; provided, however, that the retired Commissioner:
(1) Was serving in good standing as a Commissioner at the time of retirement;
(2) Assents to such designation; and
(3) Is not involved or employed in any position which would create a conflict of interest with the position of Commissioner, including, but not limited to:
the private practice of law; the holding of any state office; or employment by the State in any capacity.
(b) Any retired Commissioner accepting an active duty designation shall be compensated on a per diem basis on the formula representing 1/2 6 0 of the annual salary for a Commissioner. In no event shall the per diem pay for a retired Commissioner exceed the maximum per diem pay for retired judges as provided in § 5610(b) of Title 29, nor shall the total annual compensation of the retired Commissioner equal or exceed the current annual salary for a Commissioner. Each retired Commissioner serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Judge.
(c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, or from other Court funds approved to be expended for this purpose.
78 Del. Laws, c. 315, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter I. Organization, Administration and Operation › § 917. Law clerks.

§ 917. Law clerks.
Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Family Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court.
78 Del. Laws, c. 51, §  4;  78 Del. Laws, c. 315, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter II. Jurisdiction and Powers › § 922A. Truancy jurisdiction.

§ 922A. Truancy jurisdiction.
The Court shall have jurisdiction over truancy matters as set forth in Chapter 27, subchapter II of Title 14.
82 Del. Laws, c. 224, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter II. Jurisdiction and Powers › § 923. Jurisdiction over matters begun prior to this chapter.

§ 923. Jurisdiction over matters begun prior to this chapter.
The Court shall have jurisdiction to hear and decide all matters before the Family Court of the State in and for New Castle County and the Family Court for Kent and Sussex Counties which had not been disposed of prior to the effective date of this chapter.
10 Del. C. 1953, §  923;  58 Del. Laws, c. 114, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter II. Jurisdiction and Powers › § 924. Concurrent original civil jurisdiction.

§ 924. Concurrent original civil jurisdiction.
The Court shall have concurrent jurisdiction to hear writs of habeas corpus or other proceedings brought for the purpose of gaining or retaining the custody of a child or for the purpose of determining whether a child is being unlawfully detained by any person, agency, or institution.
10 Del. C. 1953, §  924;  58 Del. Laws, c. 114, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter II. Jurisdiction and Powers › § 928A. Extended jurisdiction — Juvenile delinquency, when offense committed before age 18 but arrest occurs after age 18.

§ 928A. Extended jurisdiction — Juvenile delinquency, when offense committed before age 18 but arrest occurs after age 18.
(a) If a person commits an offense before age 18 and is arrested after reaching age 18, but before reaching age 21, the Family Court retains jurisdiction in the same manner as if the person had not reached age 18, and all provisions and rights applicable to a person who is under 18 apply to the person.
(b) Nothing in this section precludes prosecuting a person to whom this section applies as an adult under §§ 921 and 1010 of this title.
82 Del. Laws, c. 137, § 1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter II. Jurisdiction and Powers › § 931. Concurrent jurisdiction — Mental health.

§ 931. Concurrent jurisdiction — Mental health.
(a) Purpose. —
The purpose of jurisdiction under this section is to extend Family Court's jurisdiction under Chapter 50 of Title 16 over a specific category of youths.
(b) Scope. —
(1) This section applies only to a youth who was under DSCYF custody when the youth attained 18 years of age and both of the following apply:
a. At the time of attaining 18 years of age, the youth was identified or diagnosed with a mental condition as defined in § 5001 of Title 16.
b. After attaining 18 years of age, but prior to attaining the age of 26 years of age, the youth is subject to proceedings in Superior Court under Chapter 50 of Title 16.
(2) Family Court's jurisdiction under this section:
a. May continue until the youth attains 26 years of age.
b. Does not affect the youth attaining the age of majority on his or her eighteenth birthday, and DSCYF custody of a youth terminates by operation of law when the youth attains 18 years of age.
c. May be concurrent with jurisdiction under § 928 or § 929 of this title.
(c) Procedure. —
(1) In any proceeding under Chapter 50 of Title 16 involving a youth who meets the criteria of this section, the Superior Court may, upon notification by the youth or by its own initiative, transfer the case to the Family Court for further proceedings under Chapter 50 of Title 16. Transfer of a case may occur in conjunction with the youth's first appearance in the Superior Court or as soon as practicable thereafter.
(2) When a youth under the jurisdiction of the Family Court under this section attains 26 years of age, the Family Court shall transfer that youth's case to the Superior Court.
(3) The Family Court and the Superior Court may establish procedures for all of the following:
a. The identification of youths who meet the criteria of this section.
b. The transfer of cases between the 2 Courts.
(4) Upon transfer of a case under paragraph (c)(1) of this section, the Family Court shall utilize and apply the same procedure and legal standard in Chapter 50 of Title 16 that the Superior Court would otherwise apply to an individual of the same age as the youth.
81 Del. Laws, c. 163, § 1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1003. Commencement; parties.

§ 1003. Commencement; parties.
Any person having knowledge of a child within the State who appears to be neglected, dependent or delinquent may file with the Clerk of the Court a petition in writing setting forth the facts verified by affidavit. Neither the Attorney General nor any Deputy Attorneys are required to appear in any proceeding before a Master involving a petition alleging an act of delinquency, but, at the Attorney General's sole discretion, may appear in any such proceeding.
10 Del. C. 1953, §  932;  58 Del. Laws, c. 114, §  1;  66 Del. Laws, c. 413, §  1;  69 Del. Laws, c. 335, §  1;
2023 Delaware Code › Title 10 - Courts and Judicial Procedure › Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE › Subchapter III. Procedure › § 1004. Duties of officer having child in custody.

§ 1004. Duties of officer having child in custody.
A peace officer may take into custody a child the officer believes to be dependent, neglected or delinquent. Any peace officer having taken such a child into custody shall immediately notify the child's custodian citing the reasons therefor. If the custodian refuses to accept the child or cannot be located or cannot provide necessary care for the child, the peace officer shall:
(1) When the child is not charged with a delinquent act, immediately contact the Division of Child Protective Services of the Department of Services for Children, Youth and Their Families, who shall be responsible for further pursuing the whereabouts of the custodian or providing shelter and care for the child in a shelter home, foster home, group home, private agency home or other appropriate facility for children. The child shall be placed in a manner consistent with § 1009(e) [repealed] of this title. After making every reasonable effort to locate the custodian, the Division of Child Protective Services of the Department of Services for Children, Youth and Their Families may release the child to the child's custodian or forthwith file with the Court a petition for custody alleging dependency or neglect.
(2) When the child has been charged with a delinquent act, take the child directly before the Court if the Court is in session or take the child before a court or commissioner for disposition in accordance with § 1005 of this title. After taking the child into custody, the peace officer shall forthwith file with the Court a sworn complaint alleging delinquency with a report for the reason of the child's apprehension.
10 Del. C. 1953, §  933;  58 Del. Laws, c. 114, §  1;  61 Del. Laws, c. 334, §  2;  64 Del. Laws, c. 108, §  7;  66 Del. Laws, c. 13, §  2;  69 Del. Laws, c. 335, §  1;  76 Del. Laws, c. 136, §  6;  81 Del. Laws, c. 253, § 1;
2023 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;
2023 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;
2023 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;
2023 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 the juvenile's initial Family Court appearance, the Court shall order the Chief Defender to assign counsel to represent the juvenile.
(c) The juvenile's right to be represented by counsel under subsection (a) of this section shall not be waived:
(1) By a juvenile of any age where the delinquent act the juvenile is accused of is a felony.
(2) By a juvenile of any age who is in the custody of the Division of Family Services.
(3) By a juvenile who is younger than 16 years of age at the time of the attempted waiver.
(4) By a juvenile whose family member, guardian, or custodian is the alleged victim of the delinquent act or whose interest is determined by the Court to be adverse to the juvenile's interest.
(d) Unless prohibited pursuant to subsection (c) of this section, a juvenile may waive the right to counsel in accordance with Family Court Rules. However, no such waiver shall be permitted unless the juvenile has been informed of the juvenile's right to counsel, and the consequences of a waiver, through an in-person meeting with counsel.
(e) Compensation for the services of appointed counsel may not be assessed against the juvenile, or the juvenile's parent, guardian, or custodian in a delinquency or criminal proceeding.
81 Del. Laws, c. 197, § 1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 441, § 3;
2023 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;
2023 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;
2023 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;
2023 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;