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DE HB251

Bill

Status

Passed

6/10/2014

Primary Sponsor

Melanie Smith

Click for details

Origin

House of Representatives

147th General Assembly

AI Summary

  • Reorganizes Chapter 23 of Title 13 to clarify guardianship and permanent guardianship provisions, including circumstances when guardianship may be rescinded and standards for competing petitions.

  • Adds "relative" definition referencing Title 10 § 901 and replaces references to "the Department" with "DSCYF" (Department of Services for Children, Youth and Their Families) throughout the chapter.

  • Removes the blanket restriction on parental petition for modification or termination of permanent guardianship, allowing parents to petition for modification of contact, visitation, or information sharing orders only.

  • Establishes two-tiered rescission process for guardianship orders: requires preponderance of evidence that guardianship is no longer necessary, unless guardian proves by preponderance (for dependency/neglect) or clear and convincing evidence (for harm) that rescission would endanger the child.

  • Expands who may serve as and petition for permanent guardianship to include current guardians, and clarifies that when permanent guardianship is rescinded, custody reverts to DSCYF only if DSCYF held custody prior to the guardianship order.

Legislative Description

An Act To Amend Title 13 Of The Delaware Code Pertaining To Guardianship Of A Child.

Last Action

Signed by Governor

6/10/2014

Committee Referrals

Judiciary5/6/2014
Judiciary3/13/2014

Full Bill Text

No bill text available