TITLE 31

Welfare

In General

CHAPTER 3. CHILD WELFARE

Subchapter V. Private Child Welfare Agencies


(a) The Children's Home, Inc., a corporation of this State, may take under its guardianship all children who may be placed under its care and management in either of the following modes:

(1) Children under 14 years of age who shall be voluntarily surrendered by their fathers, or, in case of their death or absence, by their mothers or by their guardians to the care of Children's Home, Inc.; and

(2) Children under 14 years of age who shall be committed to the care of Children's Home, Inc., by the Family Court on account of vagrancy or for the exposure, neglect or abandonment of the children by their parent or parents, guardian or other person having custody of the children.

(b) The corporation shall have the guardianship of the children so placed under its care and management during their minority, shall cause them to be educated and instructed in a proper manner and to learn such trades and employments as in the judgment of the corporation will be most conducive to the benefit and advantage of the children. The power and charge of the corporation over and upon the children shall not extend in the case of children beyond the age of 18 years, but the corporation may return the children to their parents or surviving parent or guardian.

Code 1852, § 1501; 12 Del. Laws, c. 297, §§ 4, 5; 12 Del. Laws, c. 552; 32 Del. Laws, c. 185; Code 1915, §§ 2253, 2254, 3101; Code 1935, §§ 2578, 2579; 31 Del. C. 1953, § 361; 58 Del. Laws, c. 511, § 64; 70 Del. Laws, c. 186, § 1.;

Either parent or, if there are no parents, the guardian or, if there is also no guardian, any relative or the Division of Social Services may place any poor and dependent white child, resident in Kent County, between the ages of 2 and 10 years, in and under the charge and control of The Elizabeth W. Murphey School, Inc., and may surrender and deliver such child to The Elizabeth W. Murphey School, Inc., provided that the School is willing to receive such child; and, when such child is surrendered, delivered to and accepted by the School, it shall be subject to all the rules, regulations and discipline thereof as the same may have been or may hereafter be established by the directors of the School.

34 Del. Laws, c. 156, § 1; 37 Del. Laws, c. 85; Code 1935, § 2598; 31 Del. C. 1953, § 362; 58 Del. Laws, c. 64, § 1; 70 Del. Laws, c. 186, § 1.;

The Elizabeth W. Murphey School, Inc., in which any such child is placed and to which it is surrendered and delivered, shall have the exclusive custody and control and all rights of a parent, in, to and over such child and its services during the term for which such child shall be surrendered and delivered, not exceeding the minority of such child, and the School shall assume all the duties, liabilities and responsibilities of a parent. The School may discharge any child at any time if for any reason the directors of the School shall deem such discharge for the interest of the School or for the interest of such child or for the interest of the other children under the charge of the School. If at any time after a child is placed under the charge and control of the School, the parents, siblings or other near relative of the child shall make written application to the School for the discharge of such child, stating the reasons therefor, and such application is refused, the applicant shall have a right to appeal to the Resident Judge of the Superior Court in Kent County, and, if the Resident Judge, after hearing the facts, is of the opinion that there is good and sufficient cause for the release applied for and that it would be for the best interest of the child, an order shall be made accordingly. Upon any discharge being made, immediate notice thereof shall be given in writing to the parents, siblings or other near relative of the child, and thereafter the School shall have no further rights to, in or over such child and shall be under no further obligations in respect to such child.

34 Del. Laws, c. 156, § 2; Code 1935, § 2599; 31 Del. C. 1953, § 363; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 213, § 56.;

The surrender of any such child shall be by an instrument in writing, signed and sealed by the parties thereto and duly acknowledged, and the age of such child shall therein be stated as correctly as can be ascertained. Any such written instrument, when duly executed and acknowledged, shall be presented within 30 days to the Resident Judge of the Superior Court residing in Kent County for approval, and, if approved by such Judge, it shall be admitted as evidence in all courts of law or equity in this State.

No written instrument for the surrender of any such child made under the provisions of this section shall be subject to assignment or transfer.

34 Del. Laws, c. 156, §§ 3, 4; Code 1935, §§ 2600, 2601; 31 Del. C. 1953, § 364; 76 Del. Laws, c. 213, § 57.;

Repealed by 68 Del. Laws, c. 193, § 1, effective Jan. 24, 1992.;