2019 Delaware Code
Title 13 - Domestic Relations
Chapter 23. Guardianship of a Child
Subchapter V Permanent Guardianships for Children
§ 2359 Termination, modification or rescission of permanent guardianship order.
(a) Termination. — Except as otherwise specified in this chapter, permanent guardianship of a child terminates:
(1) Upon the permanent guardian’s death;
(2) Upon adoption of the child;
(3) When the child reaches the age of majority; or
(4) As otherwise ordered by the Court.
(b) Modification. — Except as otherwise specified in this chapter, an order of permanent guardianship may be modified regarding contact, visitation or sharing of information only upon a finding:
(1) That there has been a substantial change in material circumstances; and
(2) That modification is in the best interests of the child.
(c) Rescission. — (1) An order of permanent guardianship may be rescinded only upon a finding:
a. That there has been a substantial change in material circumstances; and
b. That rescission is in the best interests of the child.
(2) A parent may not petition the Court to rescind a permanent guardianship once granted under this chapter.
(3) Where the permanent guardianship is rescinded by the Court, custody of the child shall not automatically revert to the parent. At any subsequent hearing, the parent shall be considered with no greater priority than any other person or agency, and in entering any further order regarding the child the Court shall apply the best interests of the child standard.
(4) If the permanent guardianship is rescinded, and DSCYF held custody immediately prior to the entry of the order, custody shall revert to DSCYF.
(d) Upon a showing by affidavit of immediate harm to a child, the Court may temporarily:
(1) Stay a permanent guardianship order on an ex parte basis pending a hearing and grant temporary custody of the child to DSCYF or temporary guardianship to petitioner; and/or
(2) Stay the visitation, contact or information provisions of a permanent guardianship order on an ex parte basis pending a hearing.
73 Del. Laws, c. 150, § 1; 79 Del. Laws, c. 246, § 1.
