CHAPTER 51

RELATING TO FAMILY COURT FOR NEW CASTLE

COUNTY

AN ACT TO AMEND CHAPTER 9, TITLE 10, DELAWARE CODE, IN REGARD TO THE FAMILY COURT FOR NEW CASTLE COUNTY, DELAWARE, CHANGING THE COURT'S NAME AND THE RESPONSIBILITY FOR ITS BUDGET.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 10, Delaware Code, is amended by striking out the Title of Chapter 9 thereof and by inserting in lieu thereof, the following Title:

CHAPTER 9

THE FAMILY COURT OF THE STATE OF DELAWARE

IN AND FOR NEW CASTLE COUNTY

Section 2. Title 10 is amended by striking out the definition of "Court" as it appears in line 5 of § 901 of Chapter 9 thereof, and by inserting in lieu thereof, the following:

"Court" means The Family Court of the State of Delaware in and for New Castle County. It may be cited briefly as "The Family Court."

Section 3. Title 10 is amended by striking out § 903 of Chapter 9 thereof and by inserting in lieu thereof a new § 903, Chapter 9, as follows:

§ 903. Court of Record

The Family Court of the State of Delaware in and for New Castle County is a Court of Record.

Section 4. Title 10 is amended by striking out § 909 of Chapter 9 thereof and by inserting in lieu thereof a new § 909, Chapter 9, as follows:

§ 909. Budget, salaries and expenses

(a) The Judges, acting jointly, shall, not later than the fifteenth day of November preceding each legislative year, submit to the Budget Commission of the State of Delaware a Budget showing and enumerating the estimated salaries and estimated expenses of operating the Court for the ensuing fiscal year.

(a) The total estimated Budget for each fiscal year shall not exceed $160,000.00.

(b) It shall be the duty of the State Treasurer to pay all salaries of the Court semi-monthly and all expenses thereof monthly within the limits of sub-section (b) above upon the warrant of the Director of the Court, countersigned by either of the Judges.

Section 5. Title 10 is amended by striking out subsection (a) of § 923 of Chapter 9 thereof, and by inserting in lieu thereof a new sub-section (a) of said § 923 as follows:

(a) The Clerk shall have care of the legal records of the Court and he shall receive all fees, fines, costs and cash bail arising out of any proceeding in the Court. After deducting the expenses of service of process of the Court and the expense of executing the orders of the Court relating to matters properly before it, including a Court order under § 985 of this Title, he shall each month pay over the balance of the proceeds of fines, costs and forfeited bail bonds in his hands to the Treasurer of the State of Delaware.

Section 6. Title 10 is amended by striking out § 931 of Chapter 9 thereof and by inserting in lieu thereof a. new § 931 of said Chapter 9 as follows:

§ 931. Status of employees; appointment of director, supervisors and probation officers

The Judges, acting jointly, shall select and appoint a Director and such supervisors, probation officers and other employees as they deem necessary and shall fix the duties and the salaries of all such officers and employees, except such salaries as are established by law, and shall determine all necessary expenses incurred in the operation of the Court and the allocation of funds therefor. The Judges shall satisfy themselves as to each applicant's education, ability, experience, personality, and knowledge of and general adaptability to probation service. "Experience" as used in this section includes knowledge gained in the supervision over or care of children and from personal contacts with adults and children. All such officers and employees shall hold office at the discretion of the Judges.

Section 7. Title 10 is amended by striking out sub-section (c) of § 986, Chapter 9 thereof and by inserting in lieu thereof a new sub-section (c) as follows:

(c) Any Judge of the Court may order, assess and impose fees, costs, fines and cash bail as provided by law or by this Chapter.

Section 8. This Act shall become effective July 1, 1955.

Approved April 22, 1955.