CHAPTER 388

FORMERLY

SENATE BILL NO. 337

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO PARENTS AND CHILDREN IN THE FAMILY COURT OF THE STATE OF DELAWARE.

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

Section 1. Amend § 728 of Title 13 of the Delaware Code by adding new subsections (e), (f) and (g) as follows:

“(e) Before entering an Order for visitation to be conducted in a correctional facility the Court shall in addition to other relevant factors consider the following:

1. The parent seeking visitation in a correctional facility had a substantial and positive relationship with the child prior to incarceration;

2. The nature of the offense for which the parent seeking visitation is incarcerated;

3. Whether the victim of the offense is the child, a sibling of the child, stepsibling, half sibling, parent, stepparent, grandparent, guardian or custodian of the child; and,

4. Whether the child seeks a relationship with the incarcerated parent.

(f) The Court shall not enter an order requiring visitation in a correctional facility if the person incarcerated has been adjudicated of committing a sex offense or a felony level offense against the child with whom visitation is sought or against any other person listed in paragraph (e) 3 of this section.

(g) The Court shall not enter an order requiring visitation in a correctional facility if the person incarcerated has been adjudicated of committing murder in the first or second degrees.”

Approved July 10, 2006