CHAPTER 77

FORMERLY

HOUSE BILL NO. 164

AN ACT TO AMEND TITLE 10 AND TITLE 31 OF THE DELAWARE CODE RELATING TO PROCEEDINGS IN THE INTEREST OF A CHILD AND CHILD WELFARE.

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

Section 1. Amend § 1009(b)(3) of Title 10 by adding the following at the end of the current § 1009(b)(3) before the semicolon (;) and after the word “Families”:

“. However, if and only if the following conditions are met, the Court shall not order the Department of Services for Children Youth and Their Families (‘DSCYF’) to perform an evaluation and report on investigation of the child’s placement:

(i) When the child is placed in a home of an ‘adult individual’ who fails to meet the definition of relative in § 901(13) of Title 10 but the ‘adult individual’ is by marriage, blood, or adoption the child’s great grandparent, stepgrandparent, great uncle or aunt, half brother or sister, stepbrother or sister, stepparent, stepuncle or aunt to the extent not already included in the definition of relative, or first cousin once removed;

(ii) When DSCYF has not currently filed for custody of the child on the basis of dependency or neglect and DSCYF does not plan to;

(iii) When there have been no allegations of abuse or neglect with respect to the child regarding the ‘adult individual’ with whom the child is placed;

(iv) When DSCYF is not currently a party to a custody or visitation dispute regarding the child;

(v) When DSCYF does not hold or seek custody of the child; and

(vi) When the child meets the definition of dependent child solely because the child has been placed on a permanent basis in the home of an ‘adult individual’ as described in subsection (b)(3)(i) above and has been placed with such individual without the consent and approval of DSCYF”.

Section 2. Amend Section 351 of Title 31 by adding the following at the end of the second paragraph:

“Also, this section shall not apply to and the Department of Services for Children Youth and Their Families shall not be required to give its consent, in written or otherwise, for the placement of a dependent child if and only if the following conditions are met:

1. When the child is placed in a home of an ‘adult individual’ who fails to meet the definition of relative in § 901(13) of Title 10 but the ‘adult individual’ is by marriage, blood, or adoption the child’s great grandparent, stepgrandparent, great uncle or aunt, half brother or sister, stepbrother or sister, stepparent, stepuncle or aunt to the extent not already included in the definition of relative, or first cousin once removed;

2. When DSCYF has not currently filed for custody of the child on the basis of dependency or neglect and DSCYF does not plan to;

3. When there have been no allegations of abuse or neglect with respect to the child regarding the ‘adult individual’ with whom the child is placed;

4. When DSCYF is not currently a party to a custody or visitation dispute regarding the child;

5. When DSCYF does not hold or seek custody of the child; and

6. When the child meets the definition of dependent child solely because the child has been placed on a permanent basis in the home of an ‘adult individual’ as described above and has been placed with such individual without the consent and approval of DSCYF.”.

Approved June 28,1999