CHAPTER 306

FAMILY COURT

AN ACT TO AMEND CHAPTER 241, VOLUME 45, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT CREATING A FAMILY COURT FOR NEW CASTLE COUNTY," BY CHANGING THE COMPOSITION OF THE COURT; BY PROVIDING FOR AN ASSOCIATE JUDGE INSTEAD OF A DEPUTY JUDGE; BY GRANTING TO SAID COURT EXCLUSIVE ORIGINAL JURISDICTION, INSTEAD OF CONCURRENT JURISDICTION, OVER PARAGRAPH 5168. SEC. 12 OF CHAPTER 149 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE OFFENSE OF TOYING WITH A FEMALE CHILD; BY GRANTING EXCLUSIVE ORIGINAL JURISDICTION OVER PARAGRAPH 5258. SEC. 9 OF CHAPTER 153 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO ADULTERY; BY INCREASING THE SALARY OF THE JUDGE; BY PROVIDING FOR THE APPOINTMENT, DUTIES AND SALARY OF THE ASSOCIATE JUDGE; BY INCREASING THE LIMITS OF THE TOTAL BUDGET OF THE COURT; BY PROVIDING FOR APPEALS OF BOTH THE COMPLAINING WITNESS AND THE DEFENDANT IN NON-SUPPORT AND BASTARDY CASES.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all Members elected to each House thereof concurring therein):

Section 1. That Volume 45, Laws of Delaware, be amended by striking out Section 2 of Chapter 241 thereof, and by enacting and inserting in lieu thereof a new Section 2, as follows:

Section 2. COURT ESTABLISHED:--There is hereby created and established a Court of Record which shall be known by the name, style and title of "The Family Court for New Castle County, Delaware." This Court shall be composed of, be in charge of and be presided over by a "Judge" and an "Associate Judge," who may hold Court separately, jointly or concurrently, both of whom shall be appointed and shall serve as herein provided.

Section 2. That Volume 45, Laws of Delaware, be further amended by striking out the words "Deputy Judge" as they appear in the first paragraph of Section 3 of Chapter 241 thereof, and by enacting and inserting in lieu of the words so stricken out, the words "Associate Judge."

Section 3. That Volume 45, Laws of Delaware, be further amended by adding a new sub-section ("r") to consecutively follow sub-section ("q") in Section 4, of Chapter 241 thereof, relating to matters over which the Court has exclusive original jurisdiction instead of concurrent jurisdiction; said new subsection ("r") to read as follows:

(r) Of the offense of lewdly and lasciviously playing or toying with a female child under the age of sixteen years as provided by Paragraph 5168. Sec. 12, of Chapter 149 of the Revised Code of Delaware of 1935.

Section 4. That Volume 45, Laws of Delaware, be further amended by adding a new sub-section ("s") to consecutively follow the above sub-section ("r") in Section 4 of Chapter 241 thereof, relating to matters over which the Court has exclusive original jurisdiction instead of concurrent jurisdiction; said new sub-section ("s") to read as follows:

(s) Of the Offense of Adultery as provided by Paragraphs 5258. Sec. 9 of Chapter 153 of the Revised Code of Delaware of 1935.

Section 5. That Volume 45, Laws of Delaware, be further amended by striking out sub-section (B) relative to the offense of "lewdly and lasciviously playing or toying with a female child under the age of sixteen years" as the same now appears under concurrent jurisdiction of the Family Court, as provided in Section 4 of Chapter 241 thereof.

Section 6. That Volume 45, Laws of Delaware, be further amended by striking out the fourth paragraph of Section 5 of

Chapter 241 thereof, as amended by Chapter 212 of Volume 46, Laws of Delaware, relating to the salary of the Judge; and by inserting and enacting in lieu of the part so stricken out the following new fourth paragraph:

The salary of the Judge shall be Ten Thousand Dollars ($10,000.00) for the fiscal year beginning July 1, 1949 and ending June 30, 1950 and for each like fiscal year period thereafter.

Section 7. That Volume 45, Laws of Delaware, be further amended by striking out the fifth, sixth and seventh paragraphs of Section 5 of Chapter 241 thereof, relating to the appointment, duties and salary of the Deputy Judge and by inserting and enacting in lieu of the part so stricken out the following:

If requested by the Governor in writing so to do, the Judge shall submit to the Governor a written statement recommending a particular member of the Bar of New Castle County, Delaware, for appointment as Associate Judge of The Family Court to succeed the Associate Judge (now Deputy Judge) whose term is soon to end or has ended by expiration, resignation, disqualification or otherwise. The Governor upon the ending of the term of any Associate Judge of The Family Court, whether by expiration, resignation, disqualification, or otherwise, shall appoint an Associate Judge for the period of one year.

It shall be the duty of the Associate Judge to hold Court during the absence, disability, or disqualification of the Judge. The Associate Judge shall also hold Court either jointly or concurrently with the Judge whenever requested so to do by the Judge, provided, however, that the Associate Judge shall not be required to hold Court on more than one hundred and fifty days during the twelve months period beginning July 1, 1949 and ending June 30, 1950, nor during any like twelve months period thereafter.

The Associate Judge shall be eligible for reappointment. During his term of office the Associate Judge shall be permitted to engage in the practice of Law, excepting matters within the jurisdiction of The Family Court.

The salary of the Associate Judge shall be Five Thousand Dollars ($5000.00) for the fiscal year beginning July 1, 1949 and ending June 30, 1950, and for each like fiscal year period thereafter.

Section 8. That Volume 45, Laws of Delaware, be further amended by striking out all of Section 8 of Chapter 241 thereof, as amended by Section 2 of Chapter 212 of Volume 46, Laws of Delaware, and by inserting and enacting in lieu of the part so stricken out the following new Section 8:

Section 8. APPOINTMENT OF DIRECTOR, PROBATION OFFICERS AND OTHER EMPLOYEES; SALARIES; BUDGET. Subject to provisions of Section 10 hereof, the Judge shall select and appoint a Director and such Probation Officers and other employees as he shall deem necessary and shall fix the salaries of all the employees of the Court except such salaries as are established by Law, and shall determine all necessary expenses incurred by the employees in the performance of their duties and all other necessary expenses of the Court; provided, however, that the total budget of The Family Court for the fiscal year beginning July 1, 1949 and ending June 30, 1950 and for each like fiscal year period thereafter shall not exceed the sum of One Hundred and Twenty Thousand Dollars ($120,000.00).

Section 9. That Volume 45, Laws of Delaware, be further amended by striking out all of Section 16 of Chapter 241 thereof relating to Disposition of the Child, and by inserting and enacting in lieu of the part so stricken out the following new Section 16:

Section 16. DISPOSITION OF ADULTS; CHILDREN. The Court may continue the hearing of any case, adult or juvenile, from time to time in order to provide for such medical, psychological or psychiatric examinations, or for such investigation of circumstances as to the Court shall seem proper. The Court may defer delinquent proceedings in the interest of any child or prosecution against any adult properly before the Court, on such conditions as to the Court shall seem reasonable; or the Court may adjudge an adult guilty, if the facts warrant, and instead of imposing the penalty provided by law, may place such

adult on probation to keep such reasonable terms and conditions thereof, as to the Court shall seem proper, and failure to keep such terms of probation may be deemed Contempt of Court and punishable as such, or the Court may adjudge a child, dependent, neglected or delinquent, if the facts warrant, and may place such delinquent child on probation to keep such reasonable terms and conditions thereof as to the Court shall seem proper. The Court may allow a child to remain in the child's own home, subject to the supervision of the home by a probation officer of the Court and subject to being returned to the Court for further proceedings whenever such action may appear necessary; or the Court, if such action appear necessary, may cause a child to be placed in a home other than his own home, provided satisfactory arrangements can be made, subject to the supervision of the Court; or the Court may refer a child to the State Board of Welfare, or its successor, for protective supervision; or the Court may commit a child to the State Board of Welfare for foster home placement; or the Court may commit a child to any licensed child-placing agency in this State in case such agency will accept such child; or the Court may commit a child to any institution provided by the State, County or Municipality suitable for the care of children; or the Court may commit a child to any religious association, agency or institution of the child's religious faith, or of the religious faith of his parents, or either of them, within or without the State, established for the care of children, provided such religious institution will accept such child; or the Court may commit a child to any other institution within or without the State, incorporated or unincorporated, which cares for children, provided such institution will accept such child; or the Court may commit a delinquent male child to Ferris School for Boys; or a delinquent female child to Woods Haven School for Girls or to Kruse School.

When jurisdiction shall have been acquired by the Court in the case of any child, such child may be continued under the jurisdiction of the Court until he becomes twenty-one years of age. In no case shall the commitment of a child under the provisions of this Act extend beyond his twenty-first birthday.

A child committed to any institution or agency, shall be subject, in conformity with the provisions of this Act, to the control of the Board of Managers or Trustees of such institution or agency, under the laws of the State governing such institution or agency.

Section 10. That Volume 45, Laws of Delaware, be further amended' by adding a new paragraph at the end of Section 22 of Chapter 241 thereof, relating to "Appeal to General Sessions," said new paragraph to read as follows:

The Attorney General of the State of Delaware, in an action before the Family Court for New Castle County, brought for the purpose of determining whether there has been desertion, willful neglect, or failure to support a wife and/or a child under Paragraph 3527 et. seq. of Chapter 87 of the 1935 Revised Code of Delaware, or in an action before the Family Court aforesaid, brought for the purpose of determining whether the person charged by the mother of an illegitimate child, under Paragraph 3558 et. seq. of Chapter 88 of the 1935 Revised Code of Delaware, is in fact the father of the said child, shall have the right of appeal from any decision of the Family Court, in which the defendant in any of said actions shall be found "not guilty," or in which decision the amount of support fixed by the Family Court for the benefit of such wife, child or mother shall be deemed insufficient by the Attorney General.

Approved June 29, 1949.