CHAPTER 234

FORMERLY

SENATE BILL NO. 225

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9 AND CHAPTER 39, TITLE 10 OF THE DELAWARE CODE, RELATING TO THE FAMILY COURT OF THE STATE OF DELAWARE; AND PROVIOING FOR PARENTAL LIABILITY FOR RESTITUTION ORDERED BY THE FAMILY COURT FOR MONETARY DAMAGES CAUSED BY THEIR CHILD'S DELINQUENT CONDUCT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §3922, Chapter 39, Part III, Title 10 of the Delaware Code by

striking the last sentence of said section in its entirety.

Section 2. Amend §926, Chapter 9; Part I, Title 10 of the Delaware Code by striking said section In Its entirety.

Section 3. Amend Subsection (b), Section 937, Chapter 9, Title 10 of the Delaware Code by striking paragraph (12) in its entirety, and inserting In lieu thereof the following:

"(12) As part of a delinquency disposition:

(a) order the delinquent child to make monetary restitution in whole or In part as the Court determines for out-of-pocket costs, losses, or damages to person or property caused by the delinquent act of the child where the amount therefor can be ascertained.

(b) award a judgment in favor of any municipal corporation, county, town, school district, and agency of the State, or any person, partnership, corporation or association, or any religious organization whether incorporated or unincorporated, and against the parents or guardians of the delinquent child for the same or greater amount ordered against the delinquent child but not to exceed 55,000 provided the Court finds by a preponderance of the evidence presented that:

(I) The parties or guardians knew of the child's delinquent nature; and

(I) The parents or guardians failed to take reasonable measures to control the child.

(c) require that any restitution ordered against the delinquent child shall

precede the liability of the parents or guardians for the monetary damages caused by the child's delinquent act.

(d) require, In the absence of objection by the victim of the delinquent act of

the child, that any restitution ordered against the delinquent child may be discharged In an appropriate community service arrangement with the understanding that failure to complete the community service work In good faith shall result in the reversion of this obligation to the monetary basis initially ordered by the Court,

(e) The cause of action created by this paragraph shall be in addition to any

other existing statutory or common law remedy."

Approved April 21, 1988.