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DE HB57

Bill

Status

Passed

5/16/2013

Primary Sponsor

James Johnson

Click for details

Origin

House of Representatives

147th General Assembly

AI Summary

  • Reinstates 2010 amendments to Delaware Code Section 1007 that were inadvertently allowed to expire due to a sunset provision, restoring safeguards for secure detention of juveniles pending adjudication.

  • Expands criteria for secure detention to include felonies, certain Class A misdemeanors involving violence/sexual offenses/weapons, witness intimidation, escape from detention, breach of release conditions, and new charges while in placement.

  • Removes requirement for automatic evaluation by Department of Services when placing dependent/neglected children with non-relatives, changing from "shall" to "may" require evaluation.

  • Requires courts to document in writing the basis for secure detention decisions and to explain any override of a Risk Assessment Instrument's presumptive release recommendation.

  • Allows Family Court to order persons legally responsible for a child's custody to pay for child's care when they refuse to take custody pending adjudication, and extends detention review hearings to 30-day intervals instead of 21 days.

  • Makes act retroactive to July 12, 2012.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Disposition Of Children Pending Adjudication And Payment For Care.

Last Action

Signed by Governor

5/16/2013

Committee Referrals

Judiciary5/1/2013
Judiciary3/20/2013

Full Bill Text

No bill text available