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DE SB119

Bill

Status

Passed

7/31/2023

Primary Sponsor

Kyle Gay

Click for details

Origin

Senate

152nd General Assembly

AI Summary

  • Repeals § 351 of Title 31 and consolidates assessment requirements for non-relative guardianship petitioners into Chapter 23 of Title 13.

  • Expands the definition of "relative" to include step-relations and distant relations (e.g., great-grandparents, first cousins once removed) to increase eligibility for relative guardianship and permanent guardianship.

  • Requires guardians and permanent guardians to obtain court approval or parental consent before relocating a child for 60+ days if the move materially affects the parent's visitation arrangement.

  • Clarifies that parents must consent to a stated reason for establishing guardianship, and separates grounds for permanent guardianship when parental rights have been terminated versus when parents consent.

  • Requires permanent guardianship petitioners (including relatives) to have had the child placed with them for at least 6 months before filing, with court discretion to waive this requirement for relatives upon finding just cause.

Legislative Description

An Act To Amend Title 13 And Title 31 Of The Delaware Code Relating To Guardianship Of A Child.

Last Action

Signed by Governor

7/31/2023

Committee Referrals

Judiciary6/8/2023
Judiciary5/11/2023
Health & Social Services5/10/2023

Full Bill Text

No bill text available