The General Assembly hereby declares that although the Family Court has jurisdiction to grant guardianship, there does not presently exist any statutory framework for our families, our children and our Family Court judiciary as to the proper procedures and requirements for guardianship in the Family Court. (73 Del. Laws, c. 150, § 1.)
For the purposes of this chapter, unless the context indicates differently:
(1) "Abuse" or "abused child" is as defined in § 901 of Title 10.
(2) "Adult" means a person who has reached his or her 18th birthday.
(3) "Best interests" is as defined in § 722 of this title.
(4) "Child" or "children" means persons who have not reached their 18th birthday.
(5) "Court" means the Family Court.
(6) "Department" means the Department of Services for Children, Youth and Their Families.
(7) "Dependency" or "dependent child" is as defined in § 901 of Title 10.
(8) "Division" means the Division of Family Services of the Department of Services for Children, Youth and Their Families.
(9) "Foster parent" means an individual or couple who has been approved by the Department or a licensed agency to provide foster care in exchange for foster care payments provided by the Department or a licensed agency.
(10) "Guardian ad litem" means an individual appointed by the Court to represent the best interests of a child, whether or not that reflects the wishes of the child, who by his or her appointment shall be a party to the child welfare proceeding.
(11) "Guardian" means a nonparent or an agency charged with caring for a child during the child's minority.
(12) "Neglect" or "neglected child" is as defined in § 901 of Title 10.
(13) "Parent" means a biological or adoptive parent whose parental rights have not been terminated under Chapter 11 of this title.
(14) "Parental responsibilities" means the care, support and control of the child in a manner that provides for the child's necessary physical needs, including adequate food, clothing and shelter, and that also provides for the mental and emotional health and development of such child.
(15) "Permanency" means the safe, stable, custodial environment in which a child is raised and the life-long relationship that child establishes with a nurturing caregiver. (73 Del. Laws, c. 150, § 1; 76 Del. Laws, c. 136, §§ 9-12.)
§ 2303. Jurisdiction and venue.
(a) The Family Court shall have jurisdiction of proceedings under this chapter to grant, modify and/or terminate guardianship.
(b) A petition for guardianship under this chapter may be filed in the Family Court of any of the following counties:
(1) The county in which at least 1 parent resides;
(2) The county in which the organization having legal or physical care, custody or control of the child is located; or
(3) The county in which the child is located. (73 Del. Laws, c. 150, § 1.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 352, effective July 16, 2008.
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