2014 Delaware Code
Title 16 - Health and Safety
CHAPTER 9. ABUSE OF CHILDREN
Subchapter I Reports and Investigations of Abuse and Neglect; Child Protection Accountability Commission
§ 910. Court orders to compel

(a) Whenever an investigation has been opened with the Division pursuant to § 906 of this title for potential abuse or neglect of a child, the Division shall have the authority to request an order from the Family Court:

(1) To obtain access to the child, or children, and the residence of child, or children;

(2) To compel the appearance of a person at an office of the Division in furtherance of the investigation; or

(3) To compel compliance with a treatment plan previously agreed to by a child's parent or guardian, if non-compliance with the plan endangers a child's safety.

The Family Court shall issue such an order upon the showing of "need" by the Division and shall enforce noncompliance with such an order pursuant to § 925(3) of Title 10. Formal notice of a request under this section shall be provided to the respondent prior to the filing of the request with the Family Court provided that orders pursuant to this section may be granted on an ex parte basis if the child, or children, at issue are at risk of imminent physical danger. The Family Court shall consider all requests pursuant to this section within 2 business days of the request being made.

(b) For purposes of this section, "need" shall mean:

(1) That the Division has in good faith attempted on at least 2 separate prior occasions, at least 1 of which was by written communication sent by certified mail, return receipt requested, to contact the person in question without success; or

(2) That a child is in danger of imminent physical injury due to the Division's inability to communicate with the person or see the child or the child's residence.

71 Del. Laws, c. 199, § 6; 72 Del. Laws, c. 173, § 6.;