§ 2320. Persons eligible to petition for guardianship.
§ 2320. Persons eligible to petition for guardianship. Unless otherwise specified in this chapter, any adult person or persons may petition the Family Court for a guardianship order regarding a child not his, hers or theirs. Unless otherwise specified in this chapter, DSCYF, the Division, a licensed agency, the guardian ad litem or a hospital […]
§ 2353. Standard for permanent guardianship.
§ 2353. Standard for permanent guardianship. (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 […]
§ 2321. Consent by parent.
§ 2321. Consent by parent. Unless otherwise provided by this chapter, the parent or parents may voluntarily consent to the guardianship. 73 Del. Laws, c. 150, § 1;
§ 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;
§ 2322. Contents of petition.
§ 2322. Contents of petition. Every petition for guardianship of a child filed under this chapter shall contain: (1) Name and place of residence of the petitioner or petitioners; (2) Name, sex, date of birth and place of birth of the child; (3) Relationship of the petitioner or petitioners to the child or the fact […]
§ 2324. Social study and report.
§ 2324. Social study and report. (a) The Court, in its discretion, may order a social study and report (hereinafter “social report”) for any petition filed under this chapter. The social report, if ordered, shall be prepared by a licensed child-placing agency retained by petitioner. (b) The social report shall include: (1) Information regarding the […]
§ 2325. Hearing procedure and notice requirements.
§ 2325. Hearing procedure and notice requirements. (a) When a guardianship petition is filed, the petition shall be served upon the parent or parents, person or persons or organization holding parental rights at the respondent’s last known address. (b) If the Court finds that personal service within the State cannot be accomplished upon the parent […]
§ 2326. Decision within 30 days.
§ 2326. Decision within 30 days. The Court shall issue a decision and order on a petition for guardianship under this chapter within 30 days following the conclusion of the proceedings, or if no hearing is necessary, within 30 days of the petition and social report, if applicable, being filed. 73 Del. Laws, c. 150, […]
§ 2327. Confidentiality of proceedings.
§ 2327. Confidentiality of proceedings. All proceedings under this chapter shall be held before the Court privately, but for reasons appearing sufficient to the Court, the hearing in any particular case may be public. 73 Del. Laws, c. 150, § 1;
§ 2328. Appeals.
§ 2328. Appeals. The petitioner, if the petition is not granted, or any person or organization who does not prevail in a petition for guardianship under this chapter, may, at any time within 30 days after the entry of an order by the Court, take an appeal therefrom to the Supreme Court. 73 Del. Laws, […]