CHAPTER 268

AN ACT TO AMEND CHAPTER 11, TITLE 10, DELAWARE CODE KNOWN AS THE JUVENILE COURT ACT FOR KENT AND SUSSEX COUNTIES BY CLARIFYING THE POWER OF THE COURT RELATING TO THE CUSTODIAL CARE OF A CHILD PENDING FINAL DETERMINATION, AND IN THE MATTER OF EXAMINATIONS AND TREATMENT.

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

Section 1. § 1174, Title 10, Delaware Code, is repealed and a new Section 1174 enacted in lieu thereof to read as follows:

§ 1174. Custodial care of children pending final determination

(a) During a continuance for study, a Judge or Master may release a child on his own, or the recognizance of the person charged with his care, to appear before the Court when required.

(b) Following a finding of delinquency, a Judge or Master may cause a child to be detained by the Youth Services Commission until final determination of his case, unless sooner released by a Judge or Master; provided, however, that any child so detained may, upon application of the Youth Services Commission be removed from the detention care of said Commission by a Judge or Master; and such child may thereafter be detained pending further study and until final determination of his case in any manner ordered by a Judge or Master.

(c) Following a finding of probable cause for the arrest, a Judge or Master may cause a child who has attained his 16th birthday and who is alleged to have thereafter violated a penal law, to be detained in any manner ordered by the Judge or Master, pending a study to determine whether he should be referred to the Superior Court.

Section 2. § 1179, Title 10, Delaware Code, is repealed and a new Section 1179 enacted in lieu thereof to read as follows:

§ 1179. Examinations; treatment; payment

(a) The Court may order any person within its jurisdiction examined by a licensed practitioner in the appropriate field, and may order the costs thereof paid under § 1109 hereof.

(b) If the Examiner shall certify that treatment would be in the interest of the examined person and the State, the Court may order such treatment, and may order the costs thereof paid as aforesaid.

(c) The Court may, after reasonable opportunity to be heard, order the examined person, or the person legally liable for his support, to repay the Court for its outlay on his behalf, such sum, in such manner, within his ability as the Court determines.

(d) Failure without just cause to obey any proper ORDER authorized herein may be processed as contempt.

Approved December 29, 1961.