Delaware Code
Subchapter III. Procedure
§ 1002. Delinquent child not criminal; prosecution limited [Effective until Apr. 3, 2023].

(a) Except as provided in § 1010 of this title, no child shall be deemed a criminal by virtue of an allegation or adjudication of delinquency, nor shall a child be charged with or prosecuted for a crime in any other court. In this Court the nature of the hearing and all other proceedings shall be in the interest of rather than against the child. Except as otherwise provided, there shall be no proceedings other than appellate proceedings in any court other than this Court in the interest of a child alleged to be dependent, neglected, or delinquent.
(b) (1) Notwithstanding any other provision of law to the contrary, no child shall be prosecuted for a crime or act of delinquency arising from conduct that occurred when the child was under the age of 12, except for a child under the age of 12 accused of murder in the first degree, murder in the second degree, rape in the first degree, rape in the second degree, or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony as set forth in § 4201 (c) of Title 11.
a. A child younger than 12 accused of murder in the first degree, murder in the second degree, rape in the first degree, or rape in the second degree, or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony set forth in § 4201(c) of Title 11, may not be prosecuted unless the delinquency petition includes a motion to determine competency pursuant § 1007A of this title. If the Court finds the child competent, prosecution of the case may resume at the discretion of the State. If the Court finds the child not competent the Court shall, contemporaneous with the entry of such finding, enter a dismissal of the charge or charges, and the State shall petition the Court to expunge the instant record of arrest as set forth in § 1018(f) of this title.
b. [Repealed.]
(2) A child under the age of 12 may be referred to and required to participate in any pre-arrest diversionary program administered by the Division of Youth Rehabilitative Services, and such child may be referred to the Division of Prevention and Behavioral Health, the Division of Family Services, or any other state agency if the child is believed to be abused, neglected, dependent or otherwise in need of services. Notwithstanding any provisions to the contrary, referrals under this subsection shall not preclude subsequent participation in any pre- or post-arrest diversionary programs for which the child is eligible upon reaching age 12.
(3) A child under the age of 12, who could otherwise be charged with a Title 11 violent felony or a misdemeanor crime of violence if the child were 12 or older, shall be referred to the Juvenile Civil Citation Program under this title. Such child shall be assessed for appropriate programs and services available through the Department of Services for Children, Youth and Their Families. Referrals and participation in the Juvenile Civil Citation Program, shall not preclude subsequent participation in any pre- or post-arrest diversionary programs for which the child is otherwise eligible upon reaching the age of 12.

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