CHAPTER 360

FORMERLY

SENATE BILL NO. 365

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO GUARDIANSHIP OF A CHILD IN FAMILY COURT.

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

Section 1. Amend §2320 of Title 13 of the Delaware Code by striking it in its entirety and inserting in lieu thereof the following:

"§2320. Persons eligible to petition for guardianship.

Unless otherwise specified in this chapter, any adult person or persons may petition the Family Court for a guardianship order regarding a child not his, hers, or theirs. Unless otherwise specified in this chapter, the Department, the Division, a licensed agency, the guardian ad litem, or a hospital that has an interest in the health, education, or welfare of a child(ren) may petition the Family Court for a guardianship order so long as the proposed guardian(s) consents to the appointment."

Section 2. Amend Sections 2322(8), 2330(b) and 2353(a)(5) of Title 13 of the Delaware Code by inserting the phrase "or, if the child does not consent, just cause why the guardian should be appointed" after the word "guardianship".

Section 3. Amend §2322 of Title 13 of the Delaware Code by adding a new subparagraph (11) to read as follows:

"(11) A statement setting forth the reasons why the petition is in the child's best interest."

Section 4. Amend §2330(a)(2) of Title 13 of the Delaware Code by deleting the phrase "clear and convincing" and inserting "a preponderance of the" in lieu thereof.

Section 5. Amend §2340 of Title 13 of the Delaware Code by deleting from subsection (c)(4) the phrase "to the Court and the child".

Section 6. Amend §2351 of Title 13 of the Delaware Code by striking it in its entirety and substituting the following in lieu thereof:

"§2351. Eligibility to serve as permanent guardian; eligibility to petition for permanent guardianship.

A blood relative or foster parent(s) may serve as permanent guardian of a child. A blood relative or foster parent(s) may petition the Family Court for a permanent guardianship order regarding a child not his, hers or theirs. The Department, the Division, a licensed agency, or guardian ad litem may petition the Family Court for a permanent guardianship order so long as the proposed permanent guardian(s) consents to the appointment."

Approved July 08, 2002