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DE HB125

Bill

Status

Passed

8/6/2013

Primary Sponsor

Melanie Smith

Click for details

Origin

House of Representatives

147th General Assembly

AI Summary

  • Adds "DSCYF" as an alternative term for the Department of Services for Children, Youth and Their Families in Delaware Code Section 1101(5).

  • Creates a new process allowing reinstatement of parental rights in Family Court when a child is at least 14 years old and meets seven specified conditions, including that parental rights are vested in DSCYF, the child consents, parents consent, and at least 2 years have elapsed since termination or the child is 17 years old.

  • Allows petitions for reinstatement to be filed by the child, child's attorney, guardian ad litem, or DSCYF, with the court using a "clear and convincing evidence" standard to determine if reinstatement is in the child's best interests.

  • Protects reinstated parents from liability for child support during the period when parental rights were terminated and prevents lawsuits against DSCYF regarding the original termination, while restoring all parental rights including inheritance.

  • Becomes effective 90 days after enactment into law.

Legislative Description

An Act To Amend Title 13 Of The Delaware Code Relating To Parental Rights.

Last Action

Signed by Governor

8/6/2013

Committee Referrals

Health & Human Development5/8/2013

Full Bill Text

No bill text available