CHAPTER 390

FORMERLY

SENATE BILL NO. 509

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9, TITLE 10 OF THE DELAWARE CODE RELATING TO THE DISPOSITION CHILDREN PENDING ADJUDICATION AND PAYMENT FOR CARE.

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

Section 1. Amend §936, Chapter 9, Title 10 of the Delaware Code by deleting said section in its entirety and substituting in lieu thereof the following:

§936. Disposition of child pending adjudication; payment for care.

(a) Pending adjudication no child alleged- to be delinquent may be placed in secure detention operated by the Department of Services for Children, Youth and Their Families unless the court determines that no means less restrictive of the child's liberty gives reasonable assurance that the child will attend the adjudicatory hearing and:

(1) The child is a fugitive from another jurisdiction on a delinquency petition; or

(2) The child is charged with an offense, which, if committed by an adult would constitute a felony; including offenses contained within Title 10 and Chapter 47, Title 16 the Uniform Controlled Substance Act, or one of the following misdemeanors: Assault III, Unlawful Imprisonment II, Vehicular Assault I, Indecent Exposure I, Unlawful Sexual Contact III, or Carrying a Concealed Dangerous Instrument; or

(3) The child has willfully failed to appear at a hearing on a delinquency petition and there is substantial probability that the child will run away or otherwise be unavailable for a subsequent court appearance; or

(4) The child has demonstrated a pattern of repeated failure to comply with court-ordered placement pursuant to a delinquency petition in an out-of-home residential or foster care setting.

(b) Prior to making a decision of secure detention pending adjudication the court shall consider and, where appropriate, employ any of the following alternatives:

(1) Release on the child's own recognizance;

(2) Release to parents, guardian, or custodian;

(3) Release on bail;

(4) Release with imposition of restrictions on activities, associations, movements and residence reasonably related to securing the appearance of the child at the next hearing;

(5) Release to a nonsecure detention alternative developed by the Department of Services for Children, Youth and Their Families such as home detention, daily monitoring, intensive homebase services with supervision, foster placement, or a nonsecure residential setting.

(c) If the court places a child in secure detention pending adjudication, the court shall state in writing the basis for its detention determination pursuant to subsection (a) of this section and the reasons for not employing any of the secure detention alternatives under subsection (b) of this section.

(d) If a child has been placed in secure detention pending adjudication an initial hearing to determine the appropriateness of detention and to review conditions of release shall be held the next day the court is in session.

(e) No child shall be retained in secure detention after the initial hearing unless an assessment of the- current charge or charges against the child and the record of the juvenile indicate to the court that the juvenile should not be placed in a nonsecure detention alternative developed by the Department of Services for Children, Youth and Their Families as set forth in paragraph (b)(5) of this section.

(f) A detention review hearing with counsel shall be held within 14 court days of the initial detention hearing and if detention is continued, detention review hearings shall be held thereafter at intervals not to exceed 21 court days.

(g) When a juvenile is detained pending adjudication the adjudicatory hearing shall be held no later than 30 days from the date of detention. If no adjudicatory hearing is held within 30 days, upon motion by a juvenile, the court shall within 72 hours fix a date for the adjudicatory hearing unless it grants a continuance of the hearing for good cause shown.

(h) Pending adjudication the court may release a child alleged to be dependent or neglected to his or her custodian; or, where the welfare of the child appears to require such action, place him or her in the care of the Department of Services for Children, Youth and Their Families or any suitable person or agency; provided, however, that if the child is placed with someone other than a relative, the court shall require an evaluation and report from the Department of Services for Children, Youth and Their Families;

(i) Pending adjudication the court may order the person legally liable therefor to pay for the child's care during the period of his or her placement outside his or her own home;

(j) Pending adjudication, the court may defer proceedings pending further investigation, medical or other examination, or where the interest of a child will thereby be served."

Section 2. Amend §934(b)(3) by deleting said subsection in its entirety and substituting in lieu thereof the following:

"(b)(3) May order the child detained in a facility designated by the Department of Services for Children, Youth and Their Families pursuant to section 936(a) of this chapter provided that no means less restrictive of the child's liberty gives reasonable assurance that the child will attend the adjudicatory hearing; and provided that the alternatives delineated in section 936(b)(5) of this chapter have been considered; and provided that such detention shall continue only until the next session of the Family Court."

Section 3. This act shall take effect December 1, 1990.

Approved July 18, 1990.