2016 Delaware Code
Title 10 - Courts and Judicial Procedures
CHAPTER 9. THE FAMILY COURT OF THE STATE OF DELAWARE
Subchapter III Procedure
§ 1008. Committee on Dispositional Guidelines for Juveniles.

(a) There is hereby established a Committee on Dispositional Guidelines for Juveniles.

(b) The members of the Committee shall include the following persons or their designees:

(1) The Chief Judge of the Family Court;

(2) Family Court Judge, designated by the Chief Judge;

(3) Secretary, Department of Services for Children, Youth and Their Families;

(4) Director, Division of Youth Rehabilitative Service;

(5) Attorney General;

(6) Chief Defender;

(7) Executive Director, Criminal Justice Council;

(8) Executive Director, Delaware Council on Crime and Justice;

(9) Executive Vice President, Child, Inc.;

(10) Designee of the United Way of Delaware;

(11) Chair, Child Placement Review Board;

(12) Governor's Assistant for Criminal Justice;

(13) Chairperson of the Senate Committee of Children, Youth and Families;

(14) Chairperson of the House Committee on Human Resources;

(15) Executive Director, Delaware Volunteer Legal Service.

(c) The Committee is hereby directed to develop recommendations on guidelines for use in determining dispositions for juvenile offenders. The guidelines shall include clear, consistent and objective criteria for determining that the rehabilitation plan for a youth should include a period of secure incarceration. Such guidelines shall reflect the General Assembly's intent that only chronic or violent juvenile offenders require secure incarceration, and that other adjudicated youth are more appropriately and effectively served through less restrictive programs.

(d) The Committee shall also develop guidelines for the process to be used by the Family Court and the Department of Services for Children, Youth and Their Families in reaching dispositional decisions, which shall include:

(1) Consideration of the instant offense(s) for which the youth has been adjudicated;

(2) Consideration of the youth's prior record of delinquency;

(3) The availability of less restrictive interventions which will protect public safety and provide the youth an opportunity for rehabilitation.

(e) The Committee shall develop a list of services required to provide a full continuum of placement and/or treatment options for adjudicated delinquent youth. In developing this list, the Committee shall:

(1) Review available data from both the Family Court and the Department of Services for Children, Youth and Their Families concerning the characteristics of youth who come to the attention of these agencies;

(2) Review existing programs and services of the Family Court, the Department of Services for Children, Youth and Their Families, and other social service agencies within the State;

(3) Review relevant information describing dispositional practices and services from other states and from the professional literature; and

(4) Consult with experts both within and outside the State.

(f) The Committee shall prepare a written report and recommendations and shall forward any recommendations requiring legislative action to the appropriate committee(s) of the General Assembly by January 1, 1991.

67 Del. Laws, c. 391, § 1; 69 Del. Laws, c. 335, § 1; 72 Del. Laws, c. 338, § 3; 80 Del. Laws, c. 26, § 2.;