§ 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;
§ 2356. Order granting permanent guardianship.
§ 2356. Order granting permanent guardianship. (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 […]
§ 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;
§ 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. […]
§ 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 […]
§ 2352. Contents of petition for permanent guardianship.
§ 2352. Contents of petition for permanent guardianship. 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 […]
§ 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 […]
§ 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;