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DE HB251
Bill
Status
6/10/2014
Primary Sponsor
Melanie Smith
Click for details
AI Summary
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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13 to clarify guardianship and permanent guardianship provisions, including circumstances when guardianship may be rescinded and standards for competing petitions.
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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.
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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.
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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.
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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and petition for permanent guardianship to include current guardians, and clarifies that when permanent guardianship is rescinded, custody reverts to DSCYF only if DSCYF held custody prior to the guardianship order.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