2021 Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Chapter 39A. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
§ 39A-104. Cooperation between courts.

Universal Citation: 12 DE Code § 39A-104. (2021)
§ 39A-104. Cooperation between courts.

(a) In a guardianship or protective proceeding in this State, the Court may request the appropriate court of another state to do any of the following:

(1) Hold an evidentiary hearing;

(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;

(3) Order that an evaluation or assessment be made of the respondent;

(4) Order any appropriate investigation of a person involved in a proceeding;

(5) Forward to the Court a certified copy of the transcript or other record of a hearing under paragraph (a)(1) of this section or any other proceeding, any evidence otherwise produced under paragraph (a)(2) of this section, and any evaluation or assessment prepared in compliance with an order under paragraph (a)(3) or (a)(4) of this section;

(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the Court to make a determination, including the respondent or the person who is incapacitated or a protected person;

(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. § 164.504.

(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, the Court has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

76 Del. Laws, c. 380, § 5;  78 Del. Laws, c. 179, § 126; 
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