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§ 2520 § 2521

TITLE 13

Domestic Relations

CHAPTER 25. DSCYF CUSTODY

Subchapter III. Powers and Duties

§ 2520. Duties and rights of parents under a DSCYF custody order.

(a) Unless the parental rights have been terminated, a parent whose child is in DSCYF custody may petition for and seek enforcement of:

(1) An order for visitation, contact, and/or information regarding the child if not otherwise prohibited by law;

(2) Unless otherwise ordered by the Court or authorized by statute, an order that DSCYF is required to make reasonable efforts at reunifying the child with such parent;

(3) An order rescinding custody from DSCYF to the parent.

(b) Unless the parental rights have been terminated, a parent whose child is in DSCYF custody maintains the right, unless otherwise ordered by the Court, to:

(1) Consent to certain medical or mental health care for the child as set forth in § 2521(2) of this title.

(2) Consent to educational decisions for the child, subject to applicable state and federal law, as set forth in § 2521(4) of this title.

(3) Attend and participate in school related meetings and activities related to the child, attend extra curricular activities, attend medical/dental appointments, and access medical/dental records regarding the child.

(c) Unless parental rights have been terminated, a parent whose child is in DSCYF custody shall have the following duties:

(1) To support the child financially as provided for in Chapter 5 of this title, unless just cause exists under § 506 of this title;

(2) To engage in offered services to alleviate or mitigate the causes necessitating placement in DSCYF custody, in cases where the DSCYF is providing reunification services to the parents.

77 Del. Laws, c. 43, § 10.;

§ 2521. Powers and duties of the DSCYF as custodian of the child.

Upon the Court granting custody to DSCYF, DSCYF shall be vested with the following powers and duties:

(1) To provide for appropriate placement of the child, within or outside of this State, unless otherwise ordered by Court or controlled by statute, with reasonable notice prior to any change in placement given to the guardian ad litem for the child;

(2) To consent to medical care for the child, including medical examination, medical treatment including surgical procedures and mental health treatment other than inpatient psychiatric hospitalization. DSCYF shall make reasonable efforts to obtain the consent of the parent, and to notify the guardian ad litem, prior to obtaining medical care.

(3) To continue the child in the child's school of origin, or when not feasible or not in the child's best interests, to immediately enroll the child in school pursuant to § 202 of Title 14. The Court shall determine if the school placement is in the child's best interest;

(4) To consent to educational decisions, subject to applicable state and federal law, including but not limited to, disciplinary proceedings and consequences, academic needs and extracurricular activities of the child, and to request the appointment of an educational surrogate parent when appropriate DSCYF shall make reasonable efforts to obtain the consent of the parent, and to notify the guardian ad litem, prior to making any educational decisions on behalf of the child; and

(5) To maintain any other powers and duties as conferred by statute in the Delaware Code.

77 Del. Laws, c. 43, § 10.;