A peace officer may take into custody a child the officer believes to be dependent, neglected or delinquent. Any peace officer having taken such a child into custody shall immediately notify the child's custodian citing the reasons therefor. If the custodian refuses to accept the child or cannot be located or cannot provide necessary care for the child, the peace officer shall:
(1) When the child is not charged with a delinquent act, immediately contact the Division of Child Protective Services of the Department of Services for Children, Youth and Their Families, who shall be responsible for further pursuing the whereabouts of the custodian or providing shelter and care for the child in a shelter home, foster home, group home, private agency home or other appropriate facility for children. The child shall be placed in a manner consistent with § 1009(e) [repealed] of this title. After making every reasonable effort to locate the custodian, the Division of Child Protective Services of the Department of Services for Children, Youth and Their Families may release the child to the child's custodian or forthwith file with the Court a petition for custody alleging dependency or neglect.
(2) When the child has been charged with a delinquent act, take the child directly before the Court if the Court is in session or take the child before a court or commissioner for disposition in accordance with § 1005 of this title. After taking the child into custody, the peace officer shall forthwith file with the Court a sworn complaint alleging delinquency with a report for the reason of the child's apprehension.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 9. THE FAMILY COURT OF THE STATE OF DELAWARE
§ 1002. Delinquent child not criminal; prosecution limited [Effective until Apr. 3, 2023].
§ 1002. Delinquent child not criminal; prosecution limited [Effective Apr. 3, 2023].
§ 1003. Commencement; parties.
§ 1004. Duties of officer having child in custody.
§ 1004A. Juvenile Offender Civil Citation Program.
§ 1005. Other courts; issuance of warrants; powers and duties.
§ 1006. Process; service; return; interim order; investigation.
§ 1007. Disposition of child pending adjudication; payment for care [Effective until Apr. 3, 2023].
§ 1007. Disposition of child pending adjudication; payment for care [Effective Apr. 3, 2023].
§ 1007A. Determination of competency of child.
§ 1007B. Use of restraints on a child.
§ 1007C. Appointment of counsel for juveniles [Effective until Apr. 3, 2023].
§ 1007C. Appointment of counsel for juveniles [Effective Apr. 3, 2023].
§ 1008. Committee on Dispositional Guidelines for Juveniles.
§ 1009A. Probation before adjudication of delinquency.
§ 1010. Proceeding against child as an adult; amenability proceeding; referral to another court.
§ 1011. Transfer of cases from Superior Court to Family Court.
§ 1013. Automatic expungement of juvenile record by effect of a Delaware gubernatorial pardon.
§ 1014. Juvenile expungement; statement of policy.
§ 1015. Filing an expungement petition.
§ 1016. Definitions applicable to juvenile expungements.
§ 1017. Mandatory expungement.
§ 1017A. Mandatory expungement; automatic.
§ 1018. Discretionary expungement.
§ 1019. Effect of expungement; disclosure of expunged records.
§ 1021. Prosecution of adults; process; bail.
§ 1022. Duties of other courts.
§ 1024. First offenders domestic violence diversion program.
§ 1025. Expungement of adult police and court records.
§ 1042. Commencement of action; procedure.
§ 1043. Ex parte orders and emergency hearings.
§ 1044. Nonemergency hearings.
§ 1045. Relief available; duration of orders, modification and termination.
§ 1046. Enforcement; sanctions for violation of order.
§ 1047. Nonpreclusion of remedies.
§ 1049B. Judicial enforcement of order.
§ 1049C. Nonjudicial enforcement of order.
§ 1049D. Registration of order.
§ 1049I. Enforcement of Canadian domestic-violence protection order by law-enforcement officer.
§ 1049J. Enforcement of Canadian domestic-violence protection order by the Court.
§ 1049K. Registration of Canadian domestic-violence protection order.
§ 1049N. Uniformity of application and construction.
§ 1049O. Relation to the Electronic Signatures in Global and National Commerce Act.
§ 1052. Appeals from custody orders.
§ 1053. Appeals by the State in Family Court cases.
§ 1061. Examination; treatment; payment.
§ 1062. Assignment of prosecutors and public defenders.
§ 1063. Proceedings; privacy, informality.
§ 1064. Merger; effect on Judges; employees; cases; records; prior offenses.
§ 1065. Obtaining personal jurisdiction.
§ 1066. Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement.