reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2350. Intent.

§ 2350. Intent.
Permanent guardianship models the requirements of “legal guardianship” under the Adoption and Safe Families Act of 1997, Public Law 105-89, § 101(b), 42 U.S.C., § 675(7). Permanent guardianship is intended to create a relationship between a child and caretaker which is permanent and self-sustaining, and which creates a permanent family for the child without complete severance of the biological bond.
73 Del. Laws, c. 150, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2351. Eligibility to serve as permanent guardian; eligibility to petition for permanent guardianship [Effective until Jan. 27, 2024].

§ 2351. Eligibility to serve as permanent guardian; eligibility to petition for permanent guardianship [Effective until Jan. 27, 2024].
A relative, foster parent, or guardian may serve as permanent guardian of a child and may petition the Family Court for a permanent guardianship order regarding a child not that relative's, foster parent's, or guardian's own. DSCYF, the Division, a licensed agency or guardian ad litem may petition the Family Court for a permanent guardianship order so long as the proposed permanent guardian or guardians consent to the appointment.
73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 360, §  6;  79 Del. Laws, c. 246, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2351. Eligibility to serve as permanent guardian; eligibility to petition for permanent guardianship [Effective Jan. 27, 2024].

§ 2351. Eligibility to serve as permanent guardian; eligibility to petition for permanent guardianship [Effective Jan. 27, 2024].
A relative, foster parent, guardian, or an individual with whom a child in DSCYF custody is placed may serve as permanent guardian of a child and may petition the Family Court for a permanent guardianship order regarding a child. DSCYF, the child attorney, a licensed agency or guardian ad litem may petition the Family Court for a permanent guardianship order so long as the proposed permanent guardian consents to the appointment.
73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 360, §  6;  79 Del. Laws, c. 246, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 128, § 14;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2352. Contents of petition for permanent guardianship [Effective until Jan. 27, 2024].

§ 2352. Contents of petition for permanent guardianship [Effective until Jan. 27, 2024].
A petition for permanent guardianship shall contain all of the information required by § 2322 of this title, as well as the following information:
(1) The grounds for the granting of an order of permanent guardianship; and
(2) A statement outlining prior efforts to place the child for adoption, if applicable.
73 Del. Laws, c. 150, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2352. Contents of petition for permanent guardianship [Effective Jan. 27, 2024].

§ 2352. Contents of petition for permanent guardianship [Effective Jan. 27, 2024].
A petition for permanent guardianship shall contain all of the information required by § 2322 of this title, and all of the following information:
(1) The grounds for the granting of an order of permanent guardianship.
(2) A statement outlining prior efforts to place the child for adoption, if applicable.
73 Del. Laws, c. 150, §  1;  84 Del. Laws, c. 128, § 15;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2353. Standard for permanent guardianship [Effective until Jan. 27, 2024].

§ 2353. Standard for permanent guardianship [Effective until Jan. 27, 2024].
(a) The Court shall grant a permanent guardianship if it finds by clear and convincing evidence that:
(1) One of the statutory grounds for termination of parental rights as set forth in § 1103(a) of this title has been met;
(2) Adoption of the child is not possible or appropriate;
(3) Permanent guardianship is in the best interests of the child;
(4) The proposed permanent guardian:
a. Is emotionally, mentally, physically and financially suitable to become the permanent guardian;
b. Is a foster parent or guardian who has been caring for the child for at least 6 months or held guardianship for at least 6 months at the time of the filing of the petition or is a relative;
c. Has expressly committed to remain the permanent guardian and assume the rights and responsibilities for the child for the duration of the child's minority; and
d. Has demonstrated an understanding of the financial implications of becoming a permanent guardian;
(5) If the child is age 14 or over, the child consents to the guardianship or, if the child does not consent, just cause why the guardian should be appointed; and
(6) If the proposed permanent guardian is a foster parent or parents:
a. The child is at least 12 years of age; or
b. The proposed permanent guardian is the permanent guardian of 1 of the child's siblings; or
c. The child receives substantial governmental benefits for a serious physical and/or mental disability which would no longer be available to the child if parental rights were terminated and/or if the child was adopted.
(b) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall then also determine by a preponderance of evidence, the nature and extent, if any, of any contact, sharing of information, and/or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard.
(c) The parent or parents may voluntarily consent to the permanent guardianship provided the elements of subsection (a) of this section are met.
73 Del. Laws, c. 150, §  1;  73 Del. Laws, c. 360, §  2;  79 Del. Laws, c. 246, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2353. Standard for permanent guardianship [Effective Jan. 27, 2024].

§ 2353. Standard for permanent guardianship [Effective Jan. 27, 2024].
(a) The Court shall grant a permanent guardianship if it finds by clear and convincing evidence all of the following:
(1) One of the statutory grounds for termination of parental rights as set forth in § 1103(a) of this title has been met or the parent consents to permanent guardianship.
(2) Adoption of the child is not possible or appropriate.
(3) Permanent guardianship is in the best interests of the child.
(4) The proposed permanent guardian meets all of the following requirements:
a. Is emotionally, mentally, physically and financially suitable to become the permanent guardian.
b. Is an individual with whom a child in DSCYF custody is placed, a relative, a foster parent, or a guardian.
c. Has expressly committed to remain the permanent guardian and assume the rights and responsibilities for the child for the duration of the child's minority.
d. Has demonstrated an understanding of the financial implications of becoming a permanent guardian.
e. Has had the child placed with them for at least 6 months immediately preceding the filing of the petition. The Court may waive this requirement if the petitioner is a relative and the Court finds just cause.
(5) If the child is age 14 or over, the child consents to the permanent guardianship or, if the child does not consent, just cause why the permanent guardian should be appointed.
(6) If the proposed permanent guardian is not a relative or current guardian, at least 1 of the following:
a. The child is at least 12 years of age.
b. The proposed permanent guardian is the permanent guardian of 1 of the child's siblings.
c. The child receives substantial governmental benefits for a serious physical or mental disability which would no longer be available to the child if parental rights were terminated or the child was adopted.
d. Extraordinary circumstances that support granting the permanent guardianship exist.
(b) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall then also determine by a preponderance of evidence, the nature and extent, if any, of any contact, sharing of information, or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard.
(c) [Repealed.]
73 Del. Laws, c. 150, §  1;  73 Del. Laws, c. 360, §  2;  79 Del. Laws, c. 246, §  1;  84 Del. Laws, c. 128, § 16;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2354. Social report.

§ 2354. Social report.
A social report covering the factors enumerated in § 2353 of this title shall be prepared by a licensed child-placing agency retained by the petitioner and provided to the Court no later than 1 week prior to trial.
73 Del. Laws, c. 150, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2355. Permanent guardianship hearing procedures and notice requirements.

§ 2355. Permanent guardianship hearing procedures and notice requirements.
The provisions of § 1107 of this title shall apply to hearings on permanent guardianship petitions, with references to termination of parental rights being replaced by reference to permanent guardianship where appropriate.
73 Del. Laws, c. 150, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2356. Order granting permanent guardianship [Effective until Jan. 27, 2024].

§ 2356. Order granting permanent guardianship [Effective until Jan. 27, 2024].
(a) The Court shall issue an order regarding permanent guardianship within 30 days of:
(1) The final day of trial; or
(2) The filing of the petition and social report in cases based upon the consent of all parties.
(b) If the Court grants permanent guardianship, it shall include in that order provisions regarding visitation by the child with the child's parents, contact by the child with such child's parents, and the sharing of information to be provided to the parents about the child, all based upon the child's best interests.
(c) The order granting permanent guardianship may prohibit visitation, contact or information if such prohibition is in the child's best interests.
(d) The order granting permanent guardianship may incorporate an agreement reached by the parties.
73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2356. Order granting permanent guardianship [Effective Jan. 27, 2024].

§ 2356. Order granting permanent guardianship [Effective Jan. 27, 2024].
(a) The Court shall issue an order regarding permanent guardianship within 45 days of 1 of the following:
(1) The final day of trial.
(2) The filing of the petition and social report in cases based upon the consent of all parties.
(b) If the Court grants permanent guardianship, it shall include in that order provisions regarding visitation by the child with the child's parents, contact by the child with the child's parents, and the sharing of information to be provided to the parents about the child, all based upon the child's best interests.
(c) The order granting permanent guardianship may prohibit visitation, contact or information if such prohibition is in the child's best interests.
(d) The order granting permanent guardianship may incorporate an agreement reached by the parties.
73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 128, § 17;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2357. Powers and duties of the permanent guardian.

§ 2357. Powers and duties of the permanent guardian.
A permanent guardian shall have the same powers and duties as set forth in § 2340 of this title.
73 Del. Laws, c. 150, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2358. Duties and rights of parents [Effective until Jan. 27, 2024].

§ 2358. Duties and rights of parents [Effective until Jan. 27, 2024].
(a) While a permanent guardianship is in effect, the parent shall have the following rights:
(1) Visitation, contact and information, to the extent delineated in the permanent guardianship order issued by the Court. A parent may petition the Court for specific enforcement of provisions of the order granting permanent guardianship relating to contact, visitation or information;
(2) Inheritance by and from the child; and
(3) Right to consent to termination of parental rights and/or adoption of the child.
(b) The parent shall have the primary responsibility to support the child financially.
(c) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred upon the child with payment to be made to the permanent guardian. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement.
(d) If the child has been in the custody of DSCYF immediately prior to the entry of an order for a permanent guardianship, DSCYF shall have no further duty of support or care for the child after establishment of the permanent guardianship unless DSCYF agrees in writing to that support.
73 Del. Laws, c. 150, §  1;  79 Del. Laws, c. 246, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2358. Duties and rights of parents [Effective Jan. 27, 2024].

§ 2358. Duties and rights of parents [Effective Jan. 27, 2024].
(a) While a permanent guardianship is in effect, the parent shall have the following rights:
(1) Visitation, contact and information, to the extent delineated in the permanent guardianship order issued by the Court. A parent may petition the Court for specific enforcement of provisions of the order granting permanent guardianship relating to contact, visitation or information.
(2) Inheritance by and from the child.
(3) Right to consent to termination of parental rights or adoption of the child.
(b) The parent shall have the primary responsibility to support the child financially.
(c) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred upon the child with payment to be made to the permanent guardian. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement.
(d) If the child has been in the custody of DSCYF immediately prior to the entry of an order for a permanent guardianship, DSCYF shall have no further duty of support or care for the child after establishment of the permanent guardianship unless DSCYF agrees in writing to that support.
73 Del. Laws, c. 150, §  1;  79 Del. Laws, c. 246, §  1;  84 Del. Laws, c. 128, § 18;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter V. Permanent Guardianships for Children › § 2359. Termination, modification or rescission of permanent guardianship order [Effective until Jan. 27, 2024].

§ 2359. Termination, modification or rescission of permanent guardianship order [Effective until Jan. 27, 2024].
(a) Termination. — Except as otherwise specified in this chapter, permanent guardianship of a child terminates:
(1) Upon the permanent 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 permanent guardianship may be modified regarding contact, visitation or sharing of information only upon a finding:
(1) That there has been a substantial change in material circumstances; and
(2) That modification is in the best interests of the child.
(c) Rescission. — (1) An order of permanent guardianship may be rescinded only upon a finding:
a. That there has been a substantial change in material circumstances; and
b. That rescission is in the best interests of the child.
(2) A parent may not petition the Court to rescind a permanent guardianship once granted under this chapter.
(3) Where the permanent guardianship is rescinded by the Court, custody of the child shall not automatically revert to the parent. At any subsequent hearing, the parent shall be considered with no greater priority than any other person or agency, and in entering any further order regarding the child the Court shall apply the best interests of the child standard.
(4) If the permanent guardianship is rescinded, and DSCYF held custody immediately prior to the entry of the order, custody shall revert to DSCYF.
(d) Upon a showing by affidavit of immediate harm to a child, the Court may temporarily:
(1) Stay a permanent guardianship order on an ex parte basis pending a hearing and grant temporary custody of the child to DSCYF or temporary guardianship to petitioner; and/or
(2) Stay the visitation, contact or information provisions of a permanent guardianship order on an ex parte basis pending a hearing.
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 V. Permanent Guardianships for Children › § 2359. Termination, modification or rescission of permanent guardianship order [Effective Jan. 27, 2024].

§ 2359. Termination, modification or rescission of permanent guardianship order [Effective Jan. 27, 2024].
(a) Termination. — Except as otherwise specified in this chapter, permanent guardianship of a child terminates upon at least 1 of the following conditions:
(1) The permanent guardian's death.
(2) Adoption of the child.
(3) The child reaches the age of majority.
(4) The Court otherwise orders termination of the permanent guardianship.
(b) Modification. — Except as otherwise specified in this chapter, an order of permanent guardianship may be modified regarding contact, visitation or sharing of information only upon finding both of the following:
(1) There has been a substantial change in material circumstances.
(2) Modification is in the best interests of the child.
(c) Rescission. — (1) An order of permanent guardianship may be rescinded only upon finding both of the following:
a. There has been a substantial change in material circumstances.
b. Rescission is in the best interests of the child.
(2) A parent may not petition the Court to rescind a permanent guardianship once granted under this chapter.
(3) Where the permanent guardianship is rescinded by the Court, custody of the child shall not automatically revert to the parent. At any subsequent hearing, the parent shall be considered with no greater priority than any other person or agency, and in entering any further order regarding the child the Court shall apply the best interests of the child standard.
(4) If the permanent guardianship is rescinded, and DSCYF held custody immediately prior to the entry of the order, custody shall revert to DSCYF.
(d) Upon a showing by affidavit of immediate harm to a child, the Court may do any of the following temporarily:
(1) Stay a permanent guardianship order on an ex parte basis pending a hearing and grant temporary custody of the child to DSCYF or temporary guardianship to petitioner.
(2) Stay the visitation, contact or information provisions of a permanent guardianship order on an ex parte basis pending a hearing.
73 Del. Laws, c. 150, §  1;  79 Del. Laws, c. 246, §  1;  84 Del. Laws, c. 128, § 19;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter VI. Standby Guardianships › § 2361. Legislative intent, findings and purpose.

§ 2361. Legislative intent, findings and purpose.
The General Assembly hereby declares that there is a need to create an expeditious manner of establishing a guardianship known as standby guardianship, in order to enable a parent, custodian, or guardian suffering from a progressive chronic condition or a terminal illness to make plans for the permanent future care or the interim care of a child without terminating parental or legal rights.
76 Del. Laws, c. 222, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter VI. Standby Guardianships › § 2363. Jurisdiction and venue.

§ 2363. Jurisdiction and venue.
(a) The Family Court shall have jurisdiction over proceedings under this chapter to grant, modify and/or terminate standby guardianship.
(b) A petition for standby guardianship under this chapter may be filed in the Family Court of any of the following counties:
(1) The county in which 1 natural parent resides;
(2) The county in which a legal guardian of the child resides; or
(3) The county in which 1 child resides.
76 Del. Laws, c. 222, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter VI. Standby Guardianships › § 2364. Hearing procedure and notice requirements.

§ 2364. Hearing procedure and notice requirements.
The procedure and notice requirements set forth in § 2325 of this title shall apply. However, upon motion and good cause shown, the parent, custodian or guardian who has become incapacitated or debilitated need not personally appear for such noticed hearings.
76 Del. Laws, c. 222, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter VI. Standby Guardianships › § 2365. Persons eligible to petition for guardianship.

§ 2365. Persons eligible to petition for guardianship.
Any parent, custodian or guardian may petition the Family Court for a standby guardianship order regarding a child for whom they have been given legal responsibility.
76 Del. Laws, c. 222, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter VI. Standby Guardianships › § 2366. Contents of standby guardianship petition.

§ 2366. Contents of standby guardianship petition.
A petition for standby guardianship shall contain all of the information required by § 2322 of this title, as well as the following information:
(1) Name and address of the custodian or guardian of the child, if not otherwise provided for in the petition;
(2) In addition to the name and address of the proposed standby guardian;
(3) Which triggering event or events shall cause the authority of the appointed standby guardian to become effective;
(4) That there is a significant risk that the parent, custodian or guardian will die, become incapacitated or become debilitated within 2 years of the filing of the petition, supported by documentation from the attending physician; and
(5) If applicable, the name, address, of the proposed alternate standby guardian.
76 Del. Laws, c. 222, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter VI. Standby Guardianships › § 2367. Grounds for standby guardianship.

§ 2367. Grounds for standby guardianship.
(a) Where the parent is the person suffering from a progressive chronic condition or terminal illness, prior to granting an order for standby guardianship, the Court shall find that the standby guardianship is in the child's best interests; and:
(1) The child would be dependent, neglected or abused in the care of the other parent; or
(2) The other parent of the child is deceased; or
(3) The other parent's parental rights have been terminated; or
(4) The other parent consents to the appointment of a standby guardian.
(b) Where the legal custodian or guardian is the person suffering from a progressive chronic condition or terminal illness, prior to granting an order for standby guardianship, the Court shall find that the standby guardianship is in the child's best interests; and as to each parent:
(1) That the child remains dependent, neglected or abused in the parent's care; or
(2) The parent of the child is deceased; or
(3) The parent's parental rights have been terminated; or
(4) The parent consents to the appointment of a standby guardian.
(c) The Court must also find, prior to the granting of an order for standby guardianship that there is a significant risk that the parent, legal custodian, or guardian will die, become incapacitated, or become debilitated as a result of a chronic condition or terminal illness within 2 years of the filing of the petition as certified by an attending physician.
(d) If an order for standby guardianship is granted, the order shall determine the triggering event for the standby guardianship by specifying whether:
(1) The authority of the standby guardian is effective on the receipt of a determination of the petitioner's incapacity or debilitation, or on the receipt of the certificate of the petitioner's death; or
(2) That the authority of the standby guardian may become effective earlier on written consent of the petitioner.
If at any time before the beginning of the authority of the standby guardian the Court finds that the requirements of this subchapter are no longer satisfied, the Court may rescind the order.
76 Del. Laws, c. 222, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter VI. Standby Guardianships › § 2368. Occurrence of event triggering appointment of standby guardian; confirmation petition.

§ 2368. Occurrence of event triggering appointment of standby guardian; confirmation petition.
(a) Upon the occurrence of a triggering event set forth in an order appointing a standby guardian, the appointed standby guardian shall be empowered to assume the standby guardian duties immediately.
(b) If the triggering event is the incapacity or debilitation of the parent, legal custodian or guardian, the attending physician shall provide a copy of that physician's determination to the appointed standby guardian if the guardian's identity is known to the attending physician.
(c) Within 30 days following the assumption of guardianship duties, the appointed standby guardian shall petition the Court for confirmation. The confirmation petition shall include a determination of incapacity or debilitation, or a death certificate, as appropriate. If the petition is by an alternate appointed standby guardian, the petition shall include a statement that the appointed standby guardian is unable or unwilling to act, as the basis for the statement. Absent a judicial finding or determination of unfitness, the standby guardian's power and authority shall commence immediately upon the occurrence of the triggering event and shall continue unimpeded until such time as the Court may hear the standby guardian's petition for confirmation.
(d) The Court shall confirm an appointed standby guardian previously named and otherwise qualified to serve as guardian unless there is a judicial determination of unfitness with regard to the appointed standby guardian.
(e) A standby guardian may decline appointment at any time before the assumption of that standby guardian's duties by filing a written statement to that effect with the Court, with notice to be provided to the petitioner and to the minor child if the latter is 14 years of age or older.
(f) Commencement of the duties of the standby guardian shall confer upon the appointed standby guardian shared authority with the parent, legal custodian, or guardian of the minor child unless the petition states otherwise.
(g) A parent, legal custodian, or guardian may revoke a standby guardianship by executing a written revocation, filing it with the Court where the petition was filed, and promptly notifying the appointed standby guardian of the revocation.
(h) A person who is judicially appointed as a standby guardian under this subchapter may at any time renounce the appointment by:
(1) Executing a written renunciation;
(2) Filing the renunciation with the Court; and
(3) Promptly notifying in writing the parent, legal custodian, or legal guardian of the renunciation.
76 Del. Laws, c. 222, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter VI. Standby Guardianships › § 2369. Powers and duties of the standby guardian of the child.

§ 2369. Powers and duties of the standby guardian of the child.
Except as modified by order of the Court, the standby guardian shall have the same powers and duties as enumerated in § 2340 of this title.
76 Del. Laws, c. 222, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter VI. Standby Guardianships › § 2370. Termination or modification.

§ 2370. Termination or modification.
Except as modified by order of the Court, standby guardianship shall be terminated or modified as enumerated under § 2332 of this title.
76 Del. Laws, c. 222, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter VI. Standby Guardianships › § 2371. Appointment of standby guardian as permanent guardian.

§ 2371. Appointment of standby guardian as permanent guardian.
Except as modified by order of the Court, should the standby guardian wish to be appointed as the permanent guardian of the child, permanent guardianship shall be determined under §§ 2350-2359 of this title.
76 Del. Laws, c. 222, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 23. GUARDIANSHIP OF A CHILD › Subchapter VI. Standby Guardianships › § 2372. Subsidies.

§ 2372. Subsidies.
Except as modified by order of the Court, DSCYF shall have the power and authority to award subsidy money to the standby guardian as determined under § 2333 of this title.
76 Del. Laws, c. 222, §  1;  79 Del. Laws, c. 246, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 24. THIRD-PARTY VISITATION › Subchapter I. General Provisions › § 2401. Intent and purpose.

§ 2401. Intent and purpose.
(a) The General Assembly hereby declares that there is a need for a clear statutory framework for the proper procedures and requirements for visitation between children and persons other than their parents. The General Assembly further declares that, with the exception of Department of Services for Children, Youth and their Families (DSCYF), guardianship as set forth in Chapter 23 of this title is the appropriate legal authority for persons who wish to pursue legal custodial and guardianship rights over a child for which they are not the parent.
(b) This chapter shall be liberally construed so that these purposes may be realized. To that extent, modification of any orders pertaining to visitation involving persons other than parents that were entered under previous versions of the Code shall now be considered under this chapter. Modification of any orders pertaining to custody involving persons other than parents that were entered under previous versions of the Code shall now be considered under Chapter 23 of this title.
77 Del. Laws, c. 43, §  9;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 24. THIRD-PARTY VISITATION › Subchapter I. General Provisions › § 2402. Definitions.

§ 2402. Definitions.
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” is as defined in § 901 of Title 10.
(3) “Best interests” is determined in accordance with § 722 of this title.
(4) “Child” is as defined in § 901 of Title 10.
(5) “Court” or “court” is as defined in § 901 of Title 10.
(6) “Department” or “DSCYF” is as defined in § 901 of Title 10.
(7) “Dependency” or “dependent child” is as defined in § 901 of Title 10.
(8) “Guardian” is as defined in § 2302 of this title.
(9) “Guardian ad litem” is as defined in § 2302 of this title.
(10) “Licensed agency” is as defined in § 901 of this title.
(11) “Neglect” or “neglected child” is as defined in § 901 of Title 10.
(12) “Parent” is as defined in § 2302 of this title.
(13) “Relative” is as defined in § 901 of Title 10.
77 Del. Laws, c. 43, §  9;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 24. THIRD-PARTY VISITATION › Subchapter I. General Provisions › § 2403. Jurisdiction and venue.

§ 2403. Jurisdiction and venue.
(a) The Family Court shall have jurisdiction over proceedings under this chapter to grant, modify and/or terminate third-party visitation orders.
(b) A petition for third-party visitation under this chapter may be filed in the Family Court of any of the following counties:
(1) The county in which the organization or persons, having legal or physical care, custody, or control of the child is located; or
(2) The county in which the child resides.
(c) The provisions of §§ 722, 724, 728(d)-(f) of this title and Chapter 7A of this title shall be applicable to proceedings filed under this chapter.
77 Del. Laws, c. 43, §  9;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 24. THIRD-PARTY VISITATION › Subchapter I. General Provisions › § 2404. Hearing procedure and notice requirements.

§ 2404. Hearing procedure and notice requirements.
(a) When a petition is filed under this chapter, the Court shall set a date for a hearing on the petition, and shall cause notice of time, place and purpose of the hearing to be served as required in this section.
(b) Notice of the time, place and purpose of the hearing shall be served upon the parent or parents, guardian or guardians, person or persons, DSCYF, or licensed agency holding parental rights at the respondent's last known address or to the address received in the petition.
(c) If the Court finds that personal service within the State cannot be accomplished upon a party, 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.
(d) Personal service at any time prior to the hearing shall be sufficient to confer jurisdiction upon the Court.
(e) 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, guardian or guardians, person or persons, Department, or licensed agency holding parental rights so notified.
77 Del. Laws, c. 43, §  9;  83 Del. Laws, c. 96, § 6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 24. THIRD-PARTY VISITATION › Subchapter I. General Provisions › § 2405. Sanctions.

§ 2405. Sanctions.
The Court may impose such sanctions or remedies as the Court deems just and proper to ensure compliance with orders entered pursuant to this chapter, including but not limited to:
(1) Extra visitation or contact with the child when it is in the child's best interest to do so;
(2) The payment of costs and reasonable counsel fees of the person applying for relief under this section;
(3) A fine in the discretion of the Court; or
(4) A term of imprisonment if a person is found to be in contempt of prior orders of the Court.
77 Del. Laws, c. 43, §  9;  77 Del. Laws, c. 337, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 24. THIRD-PARTY VISITATION › Subchapter I. General Provisions › § 2406. Confidentiality of proceedings.

§ 2406. Confidentiality of proceedings.
All proceedings under this chapter and all records of such proceedings shall be held before the Court privately, except for reasons found sufficient to the Court, a hearing in any particular case may be made open to the public.
77 Del. Laws, c. 43, §  9;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 24. THIRD-PARTY VISITATION › Subchapter I. General Provisions › § 2407. Appeals.

§ 2407. Appeals.
Appeal from any order or decree entered under this chapter shall lie to the state Supreme Court. No appeal shall lie from any order or decree under this chapter unless taken within 30 days from the date of such order or decree.
77 Del. Laws, c. 43, §  9;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 24. THIRD-PARTY VISITATION › Subchapter II. Third-Party Visitation Proceedings › § 2410. Persons eligible to petition for third-party visitation.

§ 2410. Persons eligible to petition for third-party visitation.
(a) Unless otherwise specified in this chapter, any adult person or persons may file a petition for a third-party visitation order regarding a child not that adult person's or persons' own against the child's guardians, parents, or DSCYF, provided that the adult person or persons can establish that the adult person or persons petitioning for visitation:
(1) Has a substantial and positive prior relationship with the child; or
(2) Is a grandparent, aunt, uncle or adult sibling of the child.
(b) Unless otherwise specified in this chapter, a guardian ad litem may petition for a third-party visitation order on behalf of the child against the child's guardian, parent, and/or DSCYF if:
(1) The adult person with whom visitation is sought consents to visitation with the child and;
(2) The adult person with whom visitation is sought:
a. Has a substantial and positive prior relationship with the child; or
b. Is a grandparent, aunt, uncle or adult sibling of the child.
(c) Any child, through a guardian ad litem, may file a petition seeking visitation with any other child with whom they have at least 1 parent in common.
(d) Notwithstanding subsections (a) through (c) of this section, if a parent's rights have been terminated in the child with whom a parent seeks third-party visitation, the terminated parent and the terminated parent's relatives are prohibited from filing for third-party visitation unless:
(1) More than 3 years have passed since the termination of parental rights order was entered and the child has not been adopted; or
(2) The adoptive parent, if there is only 1 adoptive parent, or both adoptive parents have previously entered into a written notarized agreement or court-approved agreement for continued visitation and a copy of the agreement is attached to the petition.
77 Del. Laws, c. 43, §  9;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 337, §§  2-5;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 24. THIRD-PARTY VISITATION › Subchapter II. Third-Party Visitation Proceedings › § 2411. Contents of third-party visitation petition.

§ 2411. Contents of third-party visitation petition.
Every petition for third-party visitation with a child filed under this chapter shall be verified and contain:
(1) Name and place of residence of the petitioner or petitioners;
(2) Name, sex, and date of birth of the child;
(3) A statement regarding the eligibility requirements set forth in § 2410 of this title;
(4) The name and address of the mother and the name and address of the father, alleged father, and/or presumed father. If either the name and/or address of any parent is not known, the petition shall include detailed information setting forth the efforts made to locate the parent;
(5) The name and last known address of the person or persons or organization holding parental rights, custody, and/or guardianship of the child; and
(6) A statement setting forth the grounds for visitation in § 2412 of this title.
77 Del. Laws, c. 43, §  9;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 24. THIRD-PARTY VISITATION › Subchapter II. Third-Party Visitation Proceedings › § 2412. Grounds for persons obtaining third-party visitation with a child.

§ 2412. Grounds for persons obtaining third-party visitation with a child.
(a) Prior to granting a third-party visitation order the Court shall, find after a hearing on the merits, or accept the agreement of the parties that:
(1) Third-party visitation is in the child's best interests; and,
(2) One of the following as to each parent:
a. The parent consents to the third-party visitation;
b. The child is dependent, neglected or abused in the parent's care;
c. The parent is deceased; or
d. The parent objects to the visitation; however, the petitioner has demonstrated, by clear and convincing evidence, that the objection is unreasonable; and has demonstrated, by a preponderance of evidence, that the visitation will not substantially interfere with the parent/child relationship.
(b) Prior to granting an order for third-party visitation between children, the Court shall find after a hearing on the merits, or accept the agreement of the parties, that the visitation is in the best interests of all children subject to the petition.
77 Del. Laws, c. 43, §  9;  77 Del. Laws, c. 337, §§  6, 7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 24. THIRD-PARTY VISITATION › Subchapter II. Third-Party Visitation Proceedings › § 2413. Modification of orders granting third-party visitation.

§ 2413. Modification of orders granting third-party visitation.
An order granting third-party visitation may be modified at any time if the best interests of any child subject to the order would be served by modification.
77 Del. Laws, c. 43, §  9;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 25. DSCYF CUSTODY › Subchapter I. General Provisions › § 2501. Intent and purpose.

§ 2501. Intent and purpose.
(a) The General Assembly hereby declares that there is a need for a clear statutory framework for the proper procedures and requirements for when the Department of Services for Children, Youth and Their Families [DSCYF] is granted custody of a dependent, neglected or abused child.
(b) This chapter shall be liberally construed so that these purposes may be realized.
(c) For the purposes of applicable state and federal law, any dependent, neglected or abused child in DSCYF custody shall be considered a ward of the State.
77 Del. Laws, c. 43, §  10;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 25. DSCYF CUSTODY › Subchapter I. General Provisions › § 2502. Definitions.

§ 2502. Definitions.
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” is as defined in § 901 of Title 10.
(3) “Best interests” is determined in accordance with § 722 of this title.
(4) “Caregiver” means a person with whom the child is placed while in DSCYF custody including any licensed home or facility, including group homes, or any relative or nonrelative placement, including those not licensed by DSCYF. Caregiver shall not include secure facilities, facilities primarily operated for the detention of children adjudicated delinquent, accredited psychiatric residential treatment facilities or hospitals.
(5) “Child” is as defined in § 901 of Title 10.
(6) “Court” or “court” is as defined in § 901 of Title 10.
(7) “Department” or “DSCYF” is as defined in § 901 of Title 10.
(8) “Dependency” or “dependent child” is as defined in § 901 of Title 10.
(9) “Division” or “DFS” means the Division of Family Services of the Department of Services for Children, Youth and Their Families.
(10) “Foster parent” is as defined in § 2302 of this title.
(11) “Guardian” is as defined in § 2302 of this title.
(12) [Repealed.]
(13) “Licensed agency” is as defined in § 901 of this title.
(14) “Neglect” or “neglected child” is as defined in § 901 of Title 10.
(15) “Parent” is as defined in § 2302 of this title.
(16) “Parental responsibilities” is as defined in § 1101 of this title.
(17) “Permanency” is as defined in § 2302 of this title.
(18) “Reasonable and prudent parent standard” shall mean the standard characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child, while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child placed in such caregiver's care while in DSCYF custody to participate in extracurricular, enrichment, cultural, and social activities.
(19) “Relative” is as defined in § 901 of Title 10.
(20) “School of origin” means as defined in § 202A(a) of Title 14.
77 Del. Laws, c. 43, §  10;  70 Del. Laws, c. 186, § 1;  80 Del. Laws, c. 363, § 1;  80 Del. Laws, c. 417, § 2;  81 Del. Laws, c. 92, § 3;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 25. DSCYF CUSTODY › Subchapter I. General Provisions › § 2503. Jurisdiction and venue.

§ 2503. Jurisdiction and venue.
(a) The Family Court shall have jurisdiction over proceedings under this chapter to grant, modify and/or terminate DSCYF custody orders.
(b) A petition for DSCYF custody under this chapter may be filed in the Family Court of any of the following counties:
(1) The county in which the organization or persons, having legal or physical care, custody, or control of the child is located; or
(2) The county in which the child resides.
(c) The provisions of §§ 722, 724, 728(d)-(f) of this title and Chapters 7A and 24 of this title shall be applicable to proceedings filed under this chapter.
77 Del. Laws, c. 43, §  10;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 25. DSCYF CUSTODY › Subchapter I. General Provisions › § 2504. Hearing procedure and notice requirements.

§ 2504. Hearing procedure and notice requirements.
(a) When a petition is filed under this chapter, the Court shall set a date for a hearing on the petition, and shall cause notice of time, place, and purpose of the hearing to be served as required in this section.
(b) Notice of the time, place, and purpose of the hearing shall be served upon the parent or parents, guardian or guardians, person or persons, DSCYF, or licensed agency holding parental rights at the respondent's last known address or to the address received in the petition.
(c) If the Court finds that personal service within the State cannot be accomplished upon a party, 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.
(d) Personal service at any time prior to the hearing shall be sufficient to confer jurisdiction upon the Court.
(e) 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, guardian or guardians, person or persons, DSCYF, or licensed agency holding parental rights so notified.
(f) When a petition is filed under this chapter, the Court shall appoint an attorney authorized to practice law in this State to represent the child. When appointing an attorney, the Court may also appoint a Court Appointed Special Advocate volunteer to work in conjunction with the attorney. The rights, responsibilities and duties in representing the child are set forth in § 9007A of Title 29. For the purposes of the Child Abuse Prevention and Treatment Act (42 U.S.C. § 5106a, et seq.), the attorney for the child and the Court Appointed Special Advocate volunteer, if one is appointed, shall fulfill the role of guardian ad litem for the child.
77 Del. Laws, c. 43, §  10;  80 Del. Laws, c. 417, § 2;  83 Del. Laws, c. 96, § 7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 25. DSCYF CUSTODY › Subchapter I. General Provisions › § 2505. Sanctions.

§ 2505. Sanctions.
The Court may impose such sanctions or remedies as the Court deems just and proper to ensure compliance with this chapter, including but not limited to:
(1) Extra visitation or contact with the child when it is in the child's best interest to do so;
(2) The payment of costs and reasonable counsel fees of the person or agency applying for relief under this section; or
(3) A fine in the discretion of the Court.
77 Del. Laws, c. 43, §  10;