CHAPTER 408

FORMERLY

HOUSE BILL NO. 598

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE FAMILY COURT OF THE STATE OF DELAWARE AND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVER'S LICENSES.

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

Section 1. Amend Title 10 of the Delaware Code by designating § 1010 and § 1011 as § 1011 and § 1012 respectively and adding a new § 1010 to read as follows:

"§ 1010. Family Court Adjudicated Drug Court Program.

(a) A child who has been referred to the Program by the Attorney General may qualify for the Family Court Adjudicated Drug Court Program.

(b) At the time of arraignment of any person qualifying under Subsection (a) of this Section for the Family Court Adjudicated Drug Court Program and who elects to apply under this Section shall admit to the offense by entering a plea of delinquency. The Court shall order the child to participate in a substance abuse evaluation to be conducted by the Department of Services for Children, Youth and their Families, to comply with any treatment recommended by that agency, and any other sentencing conditions deemed appropriate.

(c) After the entry of a judgment of delinquency against a child participating in the Family Court Adjudicated Drug Court Program, a Judge or Commissioner shall vacate the judgment of delinquency and sentence pertaining thereto six months after the Court is satisfied that the child has completed the terms and obligations of the Family Court Adjudicated Drug Court Program and has complied with the conditions of probation imposed at the time of adjudication.

(d) Any child actively participating in the Family Court Adjudicated Drug Court Program as a result of a Family Court misdemeanor adjudication may be permitted to apply for a conditional license if said child holds or previously held a Delaware driver's license under the following terms:

(1) That no prior driver's license and/or conditional driver's license has been revoked within the preceding 12 months; and

(2) That at least 60 days have elapsed since the beginning of the child's active participation in the Family Court Adjudicated Juvenile Drug Court Program and the child has completed at least 12 hours of treatment through the drug treatment provider.".

Section 2. Amend §§2707(b)(9) and 4177K of Title 21 of the Delaware Code by inserting the phrase "Except as provided by

§ 1010 of Title 10 of the Delaware Code" at the beginning of the first sentence.

Section 3. Amend § 1009, Title 10 of the Delaware Code by inserting a new paragraph (c)(16) to read as follows:

"(c)(16) Following an adjudication in which the Court declares that a child is delinquent and sentences the child to participate in the Family Court Adjudicated Drug Court Program, the Court may impose such conditions upon the parent, guardian or custodian of the person adjudicated as the Court deems necessary to assist the person adjudicated in receiving all the treatment, rehabilitation or care ordered by the Court as best serving the needs of the child and society under this Section, or, in the opinion of the Court, as will enhance the ability of such parent, guardian or custodian in providing the child with adequate support, guidance and supervision necessary to meet the child's physical, mental or emotional health and well-being, provided that such parent, guardian or custodian has been previously served by summons in accordance with 10 Del.C. § 1006.".

Section 4. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end, the provisions of this Act are severable.

Section 5. This Act shall become effective on October 1, 2003.

Approved July 09, 2002