Subchapter II. Custody Proceedings
TITLE 13
Domestic Relations
CHAPTER 25. DSCYF CUSTODY
Subchapter II. Custody Proceedings
§ 2510. Applicability.
The provisions of this subchapter shall apply exclusively to the DSCYF when seeking and/or obtaining custody of a child on the basis of dependency, neglect or abuse. This subchapter shall not be construed as preventing DSCYF from obtaining or seeking guardianship, termination of parental rights and/or adoption regarding a child as provided for in Chapters 9, 11 and 23 of this title. This subchapter shall be liberally construed such that the child's health and safety is the highest priority and of paramount concern as required by the Adoption and Safe Families Act, 42 U.S.C. § 671 et seq. and state law.
77 Del. Laws, c. 43, § 10.;
§ 2511. Contents of DSCYF petition for custody.
(a) The petition for DSCYF custody shall state:
(1) Name and address of the petitioning agency;
(2) Name, sex, date of birth of the child and, if known, the child's school of origin;
(3) The name and address of the parents, alleged father or presumed father, and if applicable, the name and address of any custodian or guardian.
(4) If the name or address of any person or organization described in paragraph (a)(3) of this section is unavailable or unknown, DSCYF shall furnish detailed information concerning the efforts made to identify and locate such individual or organization;
(5) The DSCYF allegations of dependency, neglect, and/or abuse against each parent;
(6) Efforts, where practical, made by DSCYF to identify a fit and willing relative to care for the child;
(7) A statement regarding why continuing the placement of the child in the home of the parents, guardian, custodian or caretaker is contrary to the welfare of the child; and
(8) A statement why it is in the best interests of the child to be placed in DSCYF custody.
77 Del. Laws, c. 43, § 10; 70 Del. Laws, c. 186, § 1.;
§ 2512. Grounds for DSCYF custody; preliminary injunction.
(a) When emergency custody or other emergency relief is sought by DSCYF, the Court may issue an ex parte order awarding emergency custody to DSCYF and order removal of a child from the home upon the establishment that:
(1) Continuation in the home is contrary to the welfare of the child; and
(2) Probable cause exists to believe that:
a. A child continues to be in actual physical, mental or emotional danger or there is a substantial imminent risk thereof or;
b. Immediate or irreparable harm may result to the child if such an order is not issued.
(b) Prior to granting an adjudicatory order for DSCYF custody, the Court shall find after a hearing on the merits, or accept the agreement of the parties, that:
(1) As to each parent, the child is dependent, neglected or abused;
(2) It is in the child's best interests to be in DSCYF custody.
(c) Should the elements of subsection (b) of this section be met, the Court shall also determine after a hearing on the merits or accept the agreement of the parties, 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 set forth in § 722 of this title, unless Chapter 7A or § 728(d)-(f) of this title apply.
77 Del. Laws, c. 43, § 10.;
§ 2513. Termination, modification or rescission of DSCYF custody order.
(a) Termination. -- Except as otherwise specified in this chapter, DSCYF custody of a child terminates:
(1) Upon the child's death;
(2) Upon adoption of the child;
(3) When the child reaches the age of majority;
(4) Upon the granting of a guardianship petition pursuant to Chapter 23 of this title; or
(5) As otherwise ordered by the Court.
(b) Modification. -- Except as otherwise specified in this chapter, a DSCYF custody order may be modified at any time. In making a determination to modify the order the Court shall apply the best interests of the child standard and Chapter 7A and § 728(d)-(f) of this title, if applicable.
(c) Rescission. -- Except as otherwise specified in this chapter, DSCYF custody may be rescinded upon a judicial determination that the child is no longer dependent, neglected or abused in the parent's care. The Court may rescind custody to the original custodial arrangement between the parents or an alternative custodial arrangement as determined by the Court to be in the child's best interests.
77 Del. Laws, c. 43, § 10.;