(a) Prior to granting an order for guardianship under this chapter, the Court shall find for each parent the following:
(1) The parent voluntarily consents to the guardianship; or
(2) After a hearing on the merits, by a preponderance of the evidence:
a. The child is dependent and/or neglected; and
b. It is in the best interests of the child for the guardianship to be granted.
(b) If the child is 14 years of age or older, the Court shall find that the child consents to the guardianship or, if the
child does not consent, just cause why the guardian should be appointed.
(c) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall also determine
by a preponderance of evidence the nature and extent, if any, of any contact, sharing of information, and/or visitation between
the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard.
73 Del. Laws, c. 150, § 1; 73 Del. Laws, c. 360, §§ 2, 4.;
§ 2331. Duties and rights of parents.
(a) While a guardianship is in effect, the parent shall have the following rights:
(1) Visitation, contact and information, to the extent delineated in the guardianship order issued by the Court. A parent
may petition the Court for specific enforcement of provisions of the order relating to contact, visitation or information;
and
(2) Inheritance by and from the child.
(b) The parent shall have the primary responsibility to support the child financially.
(c) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred
upon the child with payment to be made to the guardian. The provision of necessities by the guardian shall not disqualify
the child for any benefit or entitlement.
(d) If the child has been in the custody of the Department immediately prior to the creation of a guardianship, the Department
shall have no further duty of support or care for the child after establishment of the guardianship unless the Department
agrees in writing to that support.
73 Del. Laws, c. 150, § 1.;
§ 2332. Termination or modification of guardianship order.
(a) Termination. -- Except as otherwise specified in this chapter, guardianship of a child terminates:
(1) Upon the child's death;
(2) Upon the guardian's death;
(3) Upon adoption of the child;
(4) When the child reaches the age of majority; or
(5) As otherwise ordered by the Court.
(b) Modification. -- Except as otherwise specified in this chapter, modification of a guardianship may be made as follows:
(1) An order concerning contact, visitation or sharing of information may be modified at any time if it is in the best interests
of the child; or
(2) An order of guardianship may be modified at any time if the child is no longer dependent or neglected, and it is in the
best interests of the child to modify the order.
73 Del. Laws, c. 150, § 1.;
§ 2333. Subsidies.
(a) The Department, in its discretion, may award subsidy moneys to guardians of the person of a child where the Court finds:
(1) The grounds for guardianship have been met as set forth in this chapter; and
(2) The child was in the custody of the Department and/or the Division for a period of at least 1 year.
(b) The amount and duration of the subsidy shall be in the sole discretion of the Department.
(a) Prior to granting an order for guardianship under this chapter, the Court shall find for each parent the following:
(1) The parent voluntarily consents to the guardianship; or
(2) After a hearing on the merits, by a preponderance of the evidence:
a. The child is dependent and/or neglected; and
b. It is in the best interests of the child for the guardianship to be granted.
(b) If the child is 14 years of age or older, the Court shall find that the child consents to the guardianship or, if the
child does not consent, just cause why the guardian should be appointed.
(c) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall also determine
by a preponderance of evidence the nature and extent, if any, of any contact, sharing of information, and/or visitation between
the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard.
73 Del. Laws, c. 150, § 1; 73 Del. Laws, c. 360, §§ 2, 4.;
§ 2331. Duties and rights of parents.
(a) While a guardianship is in effect, the parent shall have the following rights:
(1) Visitation, contact and information, to the extent delineated in the guardianship order issued by the Court. A parent
may petition the Court for specific enforcement of provisions of the order relating to contact, visitation or information;
and
(2) Inheritance by and from the child.
(b) The parent shall have the primary responsibility to support the child financially.
(c) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred
upon the child with payment to be made to the guardian. The provision of necessities by the guardian shall not disqualify
the child for any benefit or entitlement.
(d) If the child has been in the custody of the Department immediately prior to the creation of a guardianship, the Department
shall have no further duty of support or care for the child after establishment of the guardianship unless the Department
agrees in writing to that support.
73 Del. Laws, c. 150, § 1.;
§ 2332. Termination or modification of guardianship order.
(a) Termination. -- Except as otherwise specified in this chapter, guardianship of a child terminates:
(1) Upon the child's death;
(2) Upon the guardian's death;
(3) Upon adoption of the child;
(4) When the child reaches the age of majority; or
(5) As otherwise ordered by the Court.
(b) Modification. -- Except as otherwise specified in this chapter, modification of a guardianship may be made as follows:
(1) An order concerning contact, visitation or sharing of information may be modified at any time if it is in the best interests
of the child; or
(2) An order of guardianship may be modified at any time if the child is no longer dependent or neglected, and it is in the
best interests of the child to modify the order.
73 Del. Laws, c. 150, § 1.;
§ 2333. Subsidies.
(a) The Department, in its discretion, may award subsidy moneys to guardians of the person of a child where the Court finds:
(1) The grounds for guardianship have been met as set forth in this chapter; and
(2) The child was in the custody of the Department and/or the Division for a period of at least 1 year.
(b) The amount and duration of the subsidy shall be in the sole discretion of the Department.
(a) Prior to granting an order for guardianship under this chapter, the Court shall find for each parent the following:
(1) The parent voluntarily consents to the guardianship; or
(2) After a hearing on the merits, by a preponderance of the evidence:
a. The child is dependent and/or neglected; and
b. It is in the best interests of the child for the guardianship to be granted.
(b) If the child is 14 years of age or older, the Court shall find that the child consents to the guardianship or, if the
child does not consent, just cause why the guardian should be appointed.
(c) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall also determine
by a preponderance of evidence the nature and extent, if any, of any contact, sharing of information, and/or visitation between
the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard.
73 Del. Laws, c. 150, § 1; 73 Del. Laws, c. 360, §§ 2, 4.;
§ 2331. Duties and rights of parents.
(a) While a guardianship is in effect, the parent shall have the following rights:
(1) Visitation, contact and information, to the extent delineated in the guardianship order issued by the Court. A parent
may petition the Court for specific enforcement of provisions of the order relating to contact, visitation or information;
and
(2) Inheritance by and from the child.
(b) The parent shall have the primary responsibility to support the child financially.
(c) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred
upon the child with payment to be made to the guardian. The provision of necessities by the guardian shall not disqualify
the child for any benefit or entitlement.
(d) If the child has been in the custody of the Department immediately prior to the creation of a guardianship, the Department
shall have no further duty of support or care for the child after establishment of the guardianship unless the Department
agrees in writing to that support.
73 Del. Laws, c. 150, § 1.;
§ 2332. Termination or modification of guardianship order.
(a) Termination. -- Except as otherwise specified in this chapter, guardianship of a child terminates:
(1) Upon the child's death;
(2) Upon the guardian's death;
(3) Upon adoption of the child;
(4) When the child reaches the age of majority; or
(5) As otherwise ordered by the Court.
(b) Modification. -- Except as otherwise specified in this chapter, modification of a guardianship may be made as follows:
(1) An order concerning contact, visitation or sharing of information may be modified at any time if it is in the best interests
of the child; or
(2) An order of guardianship may be modified at any time if the child is no longer dependent or neglected, and it is in the
best interests of the child to modify the order.
73 Del. Laws, c. 150, § 1.;
§ 2333. Subsidies.
(a) The Department, in its discretion, may award subsidy moneys to guardians of the person of a child where the Court finds:
(1) The grounds for guardianship have been met as set forth in this chapter; and
(2) The child was in the custody of the Department and/or the Division for a period of at least 1 year.
(b) The amount and duration of the subsidy shall be in the sole discretion of the Department.
