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DE HB250

Bill

Status

Passed

2/10/2020

Primary Sponsor

Nnamdi Chukwuocha

Click for details

Origin

House of Representatives

150th General Assembly

AI Summary

  • Establishes concurrent jurisdiction between Justice of the Peace Court and Family Court over truancy matters, with cases transferring to Family Court when pending delinquency proceedings, custody determinations, Department of Services involvement, or other relevant child welfare conditions exist.

  • Requires school principals to hold mandatory truancy conferences with students and parents before filing complaints, except that principals must refer cases for prosecution after 20 unexcused absence days or may refer earlier if appropriate.

  • Allows students adjudicated truant in Justice of the Peace Court to appeal to Family Court within 15 days for de novo review, and removes the requirement that appellants post bond to stay execution of remedial disposition.

  • Returns criminal contempt proceedings for students who violate court orders to Family Court jurisdiction in the first instance, ensuring juveniles have right to counsel with automatic assignment if unrepresented at initial appearance.

  • Provides for automatic expungement of truancy records upon case closure with full compliance with court orders, and allows expungement by court order for cases closed for other reasons.

Legislative Description

An Act To Amend Titles 10 And 14 Of The Delaware Code Relating To Truancy.

Last Action

Signed by Governor

2/10/2020

Committee Referrals

Education12/19/2019
Judiciary6/27/2019

Full Bill Text

No bill text available