(a) Following commencement of any action concerning a child, the child and the child's custodian shall be brought into the Court by summons or other process. If no custodian can be located, the child's guardian, or some suitable person (preferably a near relative) appointed by the Court to act in behalf of the child shall be notified to appear.
(b) A summons or other process of the Court may be served by any probation officer, sheriff, county, town, or city constable or police officer within the officer's or constable's jurisdiction, either by reading the same to the person to be served, or by delivering a copy thereof to the person or by leaving a copy thereof at the person's usual place of abode in the presence of an adult person.
(c) The return of such summons or other process with the indorsement of service by the serving officer in accordance herewith shall be sufficient proof thereof.
(d) Where no custodian or interested close relative can be located, the Court may make such interim order as the interest of the child may require.
(e) In delinquency proceedings after the child has been adjudged delinquent and at any time in all other proceedings concerning a child the Court may accept a study relating to the child previously made by any recognized welfare agency, or may order a study made.
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.