CHAPTER 317

AN ACT TO AMEND CHAPTERS 9 AND 11, TITLE 10, AND CHAPTER 3, TITLE 31, DELAWARE CODE, RELATING TO THE DEFINITION OF DEPENDENT CHILDREN.

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

Section 1. § 901, Title 10, Delaware Code, is amended by striking out all the definition of "dependent child" therein, and enacting and substituting in lieu thereof the following:

"Dependent child" means a child who is homeless or destitute or without proper support or care through no fault of his or her parent, guardian or custodian; or who lacks proper care by reason of the mental or physical condition of the parent, guardian or custodian; or who has been placed in a non-related family home on a permanent basis without the consent and approval of the Department of Public Welfare or of any agency licensed thereby to place children in non-related family homes; or who has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan.

Section 2. § 1101, Title 10, Delaware Code, is amended by striking out all of the definition of "dependent child" therein, and enacting and substituting in lieu thereof the following:

"Dependent child" means a child who is homeless or destitute or without proper support or care through no fault of his or her parent, guardian or custodian; or who lacks proper care by reason of the mental or physical condition of the parent, guardian or custodian; or who has been placed in a non-related family home on a permanent basis without the consent and approval of the Department of Public Welfare or of any agency licensed thereby to place children in non-related family homes; or who has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan.

Section 3. § 301, Title 31, Delaware Code, is amended by striking out all of the definition of "dependent child" therein and enacting and substituting in lieu thereof the following:

"Dependent child" means a child who is homeless or destitute or without proper support or care through no fault of his or her parent, guardian or custodian; or who lacks proper care by reason of the mental or physical condition of the parent, guardian or custodian; or who has been placed in a non-related family home on a permanent basis without the consent and approval of the Department of Public Welfare or of any agency licensed thereby to place children in non-related family homes; or who has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan.

Section 4. § 301, Title 31, Delaware Code, be further amended by striking out the phrase "under eighteen years of age" from the definition of "neglected child", and by the addition, before the definition of "dependent child" of the following definition:

"Child" means a person who has not yet attained his eighteenth birthday.

Approved June 21, 1968.