2006 Delaware Code - Subchapter I — Definitions and Jurisdiction

§ 2301. Intent and purpose.

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.)

§ 2302. Definitions.

For the purposes of this chapter, unless the context indicates differently:

(1) "Abused child" means a child who has suffered any physical injury inflicted by a person responsible for the care, custody and control of the child through unjustified force pursuant to § 468(1) of Title 11, emotional abuse, torture, criminally negligent treatment, sexual abuse, exploitation, maltreatment or mistreatment;

(2) "Adequate care" means a type and degree of personalized attention that will tend to advance a child's physical, mental, emotional and general well-being;

(3) "Adult" means a person who has reached his or her 18th birthday;

(4) "Best interests" is as defined in § 722 of this title;

(5) "Child" or "children" means persons who have not reached their 18th birthday;

(6) "Court" means the Family Court;

(7) "Department" means the Department of Services for Children, Youth and Their Families;

(8) "Dependent child" means a child whose physical, mental or emotional health and well-being is threatened or impaired because of inadequate care and protection by the child's custodian, who is unable to provide adequate care for the child, whether or not caused by the child's behavior; provided, however, that for the purposes of this chapter, "dependent child" may include a child who has been placed in a nonrelated home on a permanent basis without the consent and approval of the Division of Family Services, or any agency licensed thereby to place a child in a nonrelated home, or a child who has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan;

(9) "Division" means the Division of Family Services of the Department of Services for Children, Youth and Their Families;

(10) "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;

(11) "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;

(12) "Guardian" means a nonparent or an agency charged with caring for a child during the child's minority;

(13) "Neglected child" means a child whose physical, mental or emotional health and well-being is threatened or impaired because of inadequate care and protection by the child's custodian who has the ability and financial means to provide for the child but does not or will not provide adequate care, or a child who has been abused or neglected as defined by § 902 of Title 16. For purposes of this chapter, no child whose parent, guardian or other person legally charged with care or custody of the child, provides the child treatment in accordance with a religious method of healing, in lieu of medical treatment, shall for that reason alone, be considered a neglected child;

(14) "Parent" means a biological or adoptive parent whose parental rights have not been terminated under Chapter 11 of this title;

(15) "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;

(16) "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.)

§ 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.)