2019 Delaware Code
Title 13 - Domestic Relations
Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings
§ 1112 Confidential nature of court records.
(a) All court records and dockets pertaining to any termination shall be confidential and shall be kept by the Clerk of the Court in a sealed container which shall be opened only by the order of a Judge of the Family Court, except as provided in subchapter III of Chapter 9 of this title.
(b) Nothing in this section shall be construed in such a way as to restrict the Department or a licensed agency from releasing nonidentifying information in its records to any of the parties to the termination.
(c) Identifying information, such as names and addresses, shall not be released by the Department or a licensed agency except:
(1) By order of the Court;
(2) According to § 929 of this title; or
(3) According to subchapter III of Chapter 9 of this title.
(d) In cases where the adopted individual’s health or the health of any blood relative of the adopted individual is concerned and the agency has refused to release the health information to the adopted individual, the Court, through petition by the adopted individual, may permit the individual to inspect only that part of the agency or court record containing medical information for health reasons. The Court shall order open to inspection by the adopted individual the part of the record containing the needed medical information if the Court finds that any medical information in the court or agency record of the adopted individual is needed for the health of the adopted individual or any blood relative of the adopted individual. This section shall apply to information as to the identification and location of any biological sibling of the adopted individual if the adopted individual’s health or the health of any blood relative of the adopted individual depends on the sibling’s participation in any medical treatment.
(e) Anyone wishing to inspect the papers filed in connection with any termination shall petition the Family Court or the court of original jurisdiction setting forth the reasons for the inspection. The Court may refer the petition to the Department or a licensed agency for investigation and report. If, in the opinion of the Court, the information is necessary, and the interests of the adopted individual, the biological parents or the adoptive parents will not be prejudiced by its disclosure, the Court shall issue an order permitting the release of the information and setting forth the terms under which it shall be released.
13 Del. C. 1953, § 1111; 50 Del. Laws, c. 17, § 1; 57 Del. Laws, c. 402, § 2; 62 Del. Laws, c. 402, §§ 3, 4; 62 Del. Laws, c. 420, § 10; 64 Del. Laws, c. 108, §§ 4, 10; 64 Del. Laws, c. 387, § 2; 68 Del. Laws, c. 276, § 1; 69 Del. Laws, c. 433, §§ 6, 7.
