2019 Delaware Code
Title 13 - Domestic Relations
Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings
§ 1116 Reinstatement of parental rights.
(a) A petition for reinstatement of parental rights may be filed in Family Court on behalf of any child provided:
(1) The child is at least 14 years of age at the time of the petition is filed;
(2) Parental rights in the child are currently vested in DSCYF regardless of the date parental rights were terminated;
(3) The child is currently in DSCYF custody;
(4) Adoption of the child is not possible or appropriate;
(5) The child consents to the reinstatement;
(6) The parent or parents who are subject to reinstatement consent; and
(7) At least 2 years have elapsed since the final termination of parental rights order or the child is 17 years of age.
(b) The Family Court shall retain jurisdiction to reinstate parental rights in any case where the Family Court previously terminated parental rights. A petition for reinstatement shall be filed in the county in which the child’s DSCYF custody case is heard.
(c) A petition for reinstatement of parental rights may be filed by the child, the child’s attorney, the child’s guardian ad litem, or DSCYF against one or both parents. The Court, in its discretion, may also appoint an attorney to represent the child.
(d) Notice and service of the petition shall be provided as set forth in § 3103 of Title 10 and the rules of the court.
(e) Should the elements of subsection (a) of this section be met, the Court shall hold a hearing on the petition for reinstatement of parental rights. The Court may grant the petition if it finds by clear and convincing evidence that reinstatement is in the best interests of the child.
(f) No petition granted under this section shall affect the validity of the underlying order terminating parental rights.
(g) No parent whose rights are reinstated under this section shall be liable for child support for any time period in which parental rights were terminated.
(h) No cause of action shall be created against DSCYF, the licensed agency or any other party concerning the original termination of parental rights. Upon issuance of a final order reinstating parental rights, the effect of such order shall be that all of the rights, duties, privileges and obligations recognized by law between parent and child shall be reinstated, including but not limited to rights of inheritance.
79 Del. Laws, c. 165, § 2.
