§ 2358. Duties and rights of parents.
§ 2358. Duties and rights of parents. (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 […]
§ 2359. Termination, modification or rescission of permanent guardianship order.
§ 2359. Termination, modification or rescission of permanent guardianship order. (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. […]
§ 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 […]
§ 2362. Definitions.
§ 2362. Definitions. In addition to the definitions provided for in this chapter, as used in this subchapter: (1) “Appointed standby guardian” means a person appointed pursuant to this subchapter to assume the powers and duties of guardianship of a child upon the death or determination of incapacity or debilitation of the parent, custodian, or […]
§ 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; […]
§ 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;
§ 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;
§ 2340. Powers and duties of the guardian of the child.
§ 2340. Powers and duties of the guardian of the child. (a) The Court shall grant to the guardian of the child such powers, rights and duties which are necessary to protect, manage and care for the child. (b) The guardian of the child may exercise the same powers, rights and duties respecting the care, […]
§ 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 […]
§ 2351. Eligibility to serve as permanent guardian; eligibility to petition for permanent guardianship.
§ 2351. Eligibility to serve as permanent guardian; eligibility to petition for permanent guardianship. 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 his, hers or theirs. DSCYF, the Division, a licensed agency or guardian […]