§ 1102. Jurisdiction and venue. (a) The Court has exclusive jurisdiction of proceedings under this chapter to terminate parental rights. (b) A petition for termination of parental rights may be filed in the Court of any of the following counties: (1) The county in which a parent resides. (2) The county in which the organization […]
§ 1103. Grounds for termination of parental rights. (a) The procedure for termination of parental rights for the purpose of adoption or, if a suitable adoption plan cannot be effected, for the purpose of providing for the care of a child by another plan which may or may not contemplate the continued possibility of eventual […]
§ 1104. Eligibility to petition for termination of parental rights. A petition for the termination of parental rights may be filed by any of the following: (1) A parent or presumed father of the child. (2) A relative of the child. (3) DSCYF or a licensed agency. (4) A guardian or permanent guardian of the […]
§ 1105. Contents of petition. (a) A petition for the termination of parental rights must state all of the following: (1) The petitioner’s name and address. (2) The child’s name, date of birth, and place of birth. (3) The petitioner’s relationship to the child or the fact that no relationship exists. (4) The name and […]
§ 1106. Consent requirements. (a) In a proceeding under § 1103(a)(1) of this title, consent is required from all of the following: (1) The mother, father, and, if applicable, presumed father of the child. a. An admission of paternity is not required for an alleged father’s or presumed father’s consent. If the alleged father or […]
§ 1106A. Contents of consent to terminate and transfer parental rights. (a) A consent to terminate and transfer parental rights must contain all of the following: (1) The date, place, and time of the execution of the consent. (2) The name, date of birth, and current mailing address of the individual executing the consent. (3) […]
§ 1106B. Revocation of consent to termination and transfer of parental rights. (a) A consent may be revoked if any of the following occur: (1) Within 14 days of executing the consent, the parent who executed the consent delivers written notification of revocation to the agency or individual to which the parental rights are to […]
§ 1107. Time for hearing; preparation of social report. (a) If a petition for the termination of parental rights is filed and DSCYF or a licensed agency is a party to the proceedings, the Court shall set a date for a hearing on the petition and shall cause notice of the time, place, and purpose […]
§ 1107A. Notice of hearing to terminate and transfer parental rights. (a) Notice of the time, place, and purpose of the hearing must be served upon the parent, person, or organization holding parental rights at the respondent’s last known address or to the address recited in the petition, unless the respondent has waived the notice […]
§ 1108. Order of termination and transfer of parental rights. (a) If the Court finds by clear and convincing evidence both that a ground exists for the termination of existing parental rights and termination and transfer of the rights is in the child’s best interest, the Court shall order the termination of the rights in […]
§ 1109. Petition for transfer of parental rights of deceased parents. DSCYF or a licensed agency may file a petition to transfer the parental rights of a deceased parent if it appears that adoption is in the best interest of the child. A petition under this section must include all of the following: (1) Name […]
§ 1110. Appeals. Each party may, at any time within 30 days after the issuance of the written order, take an appeal therefrom to the Supreme Court. 48 Del. Laws, c. 135, § 8; 13 Del. C. 1953, § 1109; 50 Del. Laws, c. 17, § 1; 68 Del. Laws, c. 276, § 1; 83 […]
§ 1111. Court costs. Except as provided under § 1107A of this title, the petitioner shall pay all court costs, including costs for giving notice and advertising. As used in this section, “court costs” does not include the respondent’s attorney fees. 13 Del. C. 1953, § 1110; 50 Del. Laws, c. 17, § 1; 68 […]
§ 1112. Confidential nature of records. (a) (1) Each court record and docket relating to a proceeding under this chapter is confidential. (2) The Clerk of the Court shall keep in a sealed container each court record and docket relating to a proceeding under this chapter. (3) A court record or docket relating to a […]
§ 1113. Effect of termination of parental rights. (a) Upon the issuance of an order terminating the existing parental rights and transferring the parental rights to another person or organization, all of the rights, duties, privileges, and obligations recognized by law between the person whose parental rights are terminated and the child forever thereafter cease […]
§ 1114. Placement for adoption and post-termination placement order. If the Court issues an order terminating existing parental rights and transferring them to DSCYF or a licensed agency, all of the following must occur: (1) The agency shall attempt to promptly place the child for adoption. (2) Every 6 months after the Court issues the […]
§ 1115. Interpretation. This chapter is intended to promote without undue delay the paramount objective of advancing the best interest of the child, and a question of interpretation must be construed liberally to achieve this legislative intent. 59 Del. Laws, c. 466, § 23; 62 Del. Laws, c. 420, § 11; 68 Del. Laws, c. […]
§ 1116. Reinstatement of parental rights. (a) A petition for reinstatement of parental rights may be filed in Court on behalf of a child if all of the following conditions are met: (1) The child is at least 14 years old when the petition is filed. (2) Parental rights in the child are vested in […]
