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§ 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 […]

§ 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 […]

§ 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 […]

§ 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 […]

§ 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;