§ 2330. | § 2331. | § 2332. | § 2333.
§ 2330. Grounds for guardianship of the child.
(a) Prior to granting an order for guardianship under this chapter, the Court shall find for each parent the following:
(1) The parent voluntarily consents to the guardianship; or
(2) After a hearing on the merits, by a preponderance of the evidence:
a. The child is dependent and/or neglected; and
b. It is in the best interests of the child for the guardianship to be granted.
(b) If the child is 14 years of age or older, the Court shall find that the child consents to the guardianship or, if the child does not consent, just cause why the guardian should be appointed.
(c) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall also determine by a preponderance of evidence the nature and extent, if any, of any contact, sharing of information, and/or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard. (73 Del. Laws, c. 150, § 1; 73 Del. Laws, c. 360, §§ 2, 4.)
§ 2331. Duties and rights of parents.
(a) While a guardianship is in effect, the parent shall have the following rights:
(1) Visitation, contact and information, to the extent delineated in the guardianship order issued by the Court. A parent may petition the Court for specific enforcement of provisions of the order relating to contact, visitation or information; and
(2) Inheritance by and from the child.
(b) The parent shall have the primary responsibility to support the child financially.
(c) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred upon the child with payment to be made to the guardian. The provision of necessities by the guardian shall not disqualify the child for any benefit or entitlement.
(d) If the child has been in the custody of the Department immediately prior to the creation of a guardianship, the Department shall have no further duty of support or care for the child after establishment of the guardianship unless the Department agrees in writing to that support. (73 Del. Laws, c. 150, § 1.)
§ 2332. Termination or modification of guardianship order.
(a) Termination. -- Except as otherwise specified in this chapter, guardianship of a child terminates:
(1) Upon the child's death;
(2) Upon the guardian's death;
(3) Upon adoption of the child;
(4) When the child reaches the age of majority; or
(5) As otherwise ordered by the Court.
(b) Modification. -- Except as otherwise specified in this chapter, modification of a guardianship may be made as follows:
(1) An order concerning contact, visitation or sharing of information may be modified at any time if it is in the best interests of the child; or
(2) An order of guardianship may be modified at any time if the child is no longer dependent or neglected, and it is in the best interests of the child to modify the order. (73 Del. Laws, c. 150, § 1.)
(a) The Department, in its discretion, may award subsidy moneys to guardians of the person of a child where the Court finds:
(1) The grounds for guardianship have been met as set forth in this chapter; and
(2) The child was in the custody of the Department and/or the Division for a period of at least 1 year.
(b) The amount and duration of the subsidy shall be in the sole discretion of the Department. (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. 246, effective June 19, 2008.
DISCLAIMER: Please Note: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. This information is provided for informational purposes only. Please seek legal counsel for help on interpretation of individual statutes.