2016 Delaware Code
Title 31 - Welfare
CHAPTER 36. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM [EFFECTIVE UNTIL MAR. 5, 2017]
§ 3606. Court-Appointed Special Advocates — Duties and rights [Effective until Mar. 5, 2017].

The Court-Appointed Special Advocate shall:

(1) Represent the best interests of the child in all child welfare proceedings;

(2) Provide independent, factual information to the Family Court regarding the cases to which he/she is appointed. To that end, the Court-Appointed Special Advocate shall conduct an independent investigation of the circumstances surrounding a case of appointment. This investigation shall include interviews and/or observations of the child and relevant individuals, as well as a review of all relevant records or reports;

(3) Submit a written or oral report to the Court for any court proceeding;

(4) Be provided with notice of every court proceeding and receive copies of every pleading;

(5) Participate in all depositions, negotiations, discovery, pretrial conferences, hearings and appeals;

(6) Have access to all records regarding the child and the child's family maintained by the Division;

(7) Receive reasonable notice from the Division of changes in placement, school or any other change of circumstances affecting the child;

(8) Monitor cases to which they are appointed to assure that the terms of the Court's orders are fulfilled and permanency for the child is achieved;

(9) Receive reasonable notice from the Division of any founded complaint involving:

a. The child, where the child is the alleged victim;

b. The residence in which the child lives; and/or

c. The home-based daycare which the child attends;

(10) Request a hearing before the Court when the plan on behalf of the child is not implemented, is not meeting the child's needs, or upon completion of the investigation;

(11) Request any appropriate relief from the Court on behalf of the child; and

(12) Ascertain the wishes of the child and make the child's wishes known to the Court. If the Court-Appointed Special Advocate concludes that the child's wishes differ from the position of the Court-Appointed Special Advocate, he or she will notify the Court of the conflict.

65 Del. Laws, c. 95, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 451, § 17.;