CHAPTER 462

FORMERLY

HOUSE BILL NO. 215

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9, PART I, TITLE 10 OF THE DELAWARE CODE RELATING TO THE JURISDICTION AND POWERS OF THE FAMILY COURT, AND PROVIDING FOR JUDGMENT AGAINST THE PARENTS OF JUVENILES WHO STEAL OR DESTROY PROPERTY.

Be it enacted by the General Assembly of the State of Delaware (Two-thirds of all 'members elected to each House thereof concurring therein):

Section 1. Amend Chapter 9, Part 1, Title 10 of the Delaware Code, by adding thereto a new Section 926 to read as follows:

§926. Judgment against parent of minor who steals or destroys property

Any Family Court Judge lawfully exercising jurisdiction in accordance with the provisions of this Chapter shall, in his discretion, also have the power to award a judgment in favor of a wronged person and against any parent for acts of willful or malicious destruction or theft of any property owned by such wronged person, if the destruction or theft was caused or committed by the minor child of such parent. In the alternative, the judge may order such parent to make restitution to the person whose property has been destroyed or stolen, and if a parent who is able to comply with such Order willfully refuses to do so the judge shall have full power to cite such parent for contempt. The limit of such parent's liability under this section shall not exceed the sum of one thousand dollars ($1,000.00). The Court may, by its Order, require a minor child who willfully or maliciously destroys or steals property to make restitution himself if such is feasible considering the age and circumstances of the child, and the requirement of the child's making restitution shall precede any liability of the parent.

Approved July 17, 1974.