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Subchapter I. Organization, Administration and Operation
§ 901. Definitions. - For the purpose of this chapter, unless the context indicates...
§ 902. Purpose; construction. - (a) In the firm belief that compliance with the law...
§ 903. Court of record; name; subtitles. - This Court shall be a court of record and shall...
§ 904. State to provide Court facilities. - The State shall provide for the Court at the county...
§ 905. Budget; payment of salaries and expenses. - The Court shall operate financially in accordance with its budget...
§ 906. Judges; selection; designation; qualifications; terms; vacancies; salaries. - (a) The Judges of the Family Court of the State...
§ 907. Administrative powers and duties of the Court. - The Court shall hold meetings when and where called by...
§ 908. Chief Judge; powers; duties. - The Chief Judge, or in the Chief Judge's absence the...
§ 909. Administrator; qualifications; duties. - There shall be an Administrator who shall possess an earned...
§ 910. Director of Treatment Services; qualification; duties. - There shall be a Director of Treatment Services who shall...
§ 911. Supervisors, counselors; qualifications; duties. - There shall be a Chief Supervisor for the Court in...
§ 912. Clerks of Court; appointment; terms of office; bonds; duties. - (a) There shall be a Clerk of Court appointed for...
§ 913. Masters; appointment; duties; review. - (a) The Chief Judge, after consultation with other Judges on...
§ 915. Commissioners; appointment; duties; review. - (a) The Governor shall appoint, with the consent of a...
§ 916. Assignment of retired Commissioners to active duty. - (a) Any retired Commissioner may be designated by the Chief...
§ 917. Law clerks. - Law clerks hold major, nontenured advisory positions for the Judges...
Subchapter II. Jurisdiction and Powers
§ 921. Exclusive original civil jurisdiction. [For application of this section, see 82 Del. Laws, c. 84, § 5] - The Court shall have exclusive original civil jurisdiction in all...
§ 922. Exclusive and concurrent original criminal jurisdiction. - (a) Except as provided in subsections (b), (c), (d) and...
§ 922A. Truancy jurisdiction. - The Court shall have jurisdiction over truancy matters as set...
§ 923. Jurisdiction over matters begun prior to this chapter. - The Court shall have jurisdiction to hear and decide all...
§ 924. Concurrent original civil jurisdiction. - The Court shall have concurrent jurisdiction to hear writs of...
§ 925. General jurisdiction. - The Court and each Judge shall have authority to: (1)...
§ 927. Exclusive jurisdiction over motor vehicle violations. - (a) The Court shall have exclusive original civil jurisdiction in...
§ 928. Extended jurisdiction — Juvenile delinquency. - (a) Prior to trial upon petition of the Attorney General,...
§ 928A. Extended jurisdiction — Juvenile delinquency, when offense committed before age 18 but arrest occurs after age 18. - (a) If a person commits an offense before age 18...
§ 929. Extended jurisdiction — Child abuse, dependency and neglect. - (a) Upon petition filed by the youth, or the youth's...
§ 930. Education decision maker for abused, dependent, neglected, or delinquent children or children in the Department's custody. - (a) At a proceeding or upon a motion involving a...
§ 931. Concurrent jurisdiction — Mental health. - (a) Purpose. — The purpose of jurisdiction under this section...
Subchapter III. Procedure
§ 1002. Delinquent child not criminal; prosecution limited [Effective until Apr. 3, 2023]. - (a) Except as provided in § 1010 of this title,...
§ 1002. Delinquent child not criminal; prosecution limited [Effective Apr. 3, 2023]. - (a) Except as provided in § 1010 of this title,...
§ 1003. Commencement; parties. - Any person having knowledge of a child within the State...
§ 1004. Duties of officer having child in custody. - A peace officer may take into custody a child the...
§ 1004A. Juvenile Offender Civil Citation Program. - (a) There is hereby established a juvenile offender civil citation...
§ 1005. Other courts; issuance of warrants; powers and duties. - (a) Any judge of any state or municipal court or...
§ 1006. Process; service; return; interim order; investigation. - (a) Following commencement of any action concerning a child, the...
§ 1007. Disposition of child pending adjudication; payment for care [Effective until Apr. 3, 2023]. - (a) Pending adjudication no child alleged to be delinquent may...
§ 1007. Disposition of child pending adjudication; payment for care [Effective Apr. 3, 2023]. - (a) Pending adjudication no child alleged to be delinquent may...
§ 1007A. Determination of competency of child. - (a) Definitions. — For the purpose of this section, the...
§ 1007B. Use of restraints on a child. - (a) Instruments of restraint, such as handcuffs, chains, irons, or...
§ 1007C. Appointment of counsel for juveniles [Effective until Apr. 3, 2023]. - (a) A juvenile against whom delinquency proceedings have been initiated...
§ 1007C. Appointment of counsel for juveniles [Effective Apr. 3, 2023]. - (a) A juvenile against whom delinquency proceedings have been initiated...
§ 1008. Committee on Dispositional Guidelines for Juveniles. - (a) There is hereby established a Committee on Dispositional Guidelines...
§ 1009. Adjudication; disposition following adjudication; commitment to custody of Department of Services for Children, Youth and Their Families; effect [Effective until Apr. 3, 2023]. - (a) Where the evidence supports such holding, the Court may...
§ 1009. Adjudication; disposition following adjudication; commitment to custody of Department of Services for Children, Youth and Their Families; effect. - (a) Where the evidence supports such holding, the Court may...
§ 1009. Adjudication; disposition following adjudication; commitment to custody of Department of Services for Children, Youth and Their Families; effect [Effective Apr. 3, 2023]. - (a) Where the evidence supports such holding, the Court may...
§ 1009A. Probation before adjudication of delinquency. - After accepting an admission or a plea of nolo contendere...
§ 1010. Proceeding against child as an adult; amenability proceeding; referral to another court. - (a) A child, aged 16 or older, shall be proceeded...
§ 1011. Transfer of cases from Superior Court to Family Court. - (a) In any case in which the Superior Court has...
§ 1013. Automatic expungement of juvenile record by effect of a Delaware gubernatorial pardon. - Any individual who receives a Delaware gubernatorial pardon shall, as...
§ 1014. Juvenile expungement; statement of policy. - The General Assembly finds that a juvenile criminal history is...
§ 1015. Filing an expungement petition. - (a) Persons eligible to petition for expungement. — Persons eligible...
§ 1016. Definitions applicable to juvenile expungements. - For purposes of juvenile expungement, unless the context otherwise requires:...
§ 1017. Mandatory expungement. - (a) The Family Court shall grant a petition for expungement...
§ 1017A. Mandatory expungement; automatic. - (a) A case that is eligible for mandatory expungement under...
§ 1018. Discretionary expungement. - (a) The Family Court may grant a petition for expungement...
§ 1019. Effect of expungement; disclosure of expunged records. - (a) The Court shall notify the State Bureau of Identification...
§ 1021. Prosecution of adults; process; bail. - (a) Prosecution of a person subject to the jurisdiction of...
§ 1022. Duties of other courts. - (a) When any adult shall have been arrested for any...
§ 1023. Disposition. - Where the facts warrant the Court may adjudge an adult...
§ 1024. First offenders domestic violence diversion program. - (a) For the purposes of this section, “domestic violence” means...
§ 1025. Expungement of adult police and court records. - If a person is charged with or convicted of a...
§ 1031. Disposition. - In any civil action within the jurisdiction of this Court...
§ 1041. Definitions. - The following terms shall have the following meanings: (1) “Abuse”...
§ 1042. Commencement of action; procedure. - (a) A request for relief from domestic violence is initiated...
§ 1043. Ex parte orders and emergency hearings. - (a) A petitioner may request an emergency protective order by...
§ 1044. Nonemergency hearings. - (a) Upon receipt of a petition for a protective order,...
§ 1045. Relief available; duration of orders, modification and termination. - (a) After consideration of a petition for a protective order,...
§ 1046. Enforcement; sanctions for violation of order. - (a) The Court may direct that pleadings and orders filed...
§ 1047. Nonpreclusion of remedies. - Nothing in this part shall preclude a petitioner or law-enforcement...
§ 1048. Jurisdiction. - The Family Court shall have jurisdiction of proceedings under this...
§ 1049. Title. - This part may be cited as the “Uniform Interstate Enforcement...
§ 1049A. Definitions. - In this part: (1) “Court” means the Family Court of...
§ 1049B. Judicial enforcement of order. - (a) A person authorized by the law of this State...
§ 1049C. Nonjudicial enforcement of order. - Pursuant to the provisions of § 1046 of this title,...
§ 1049D. Registration of order. - (a) Any individual may register a foreign protection order in...
§ 1049E. Immunity. - This State or a local governmental agency or a law-enforcement...
§ 1049F. Other remedies. - A protected individual who pursues remedies under this part is...
§ 1049G. Short title. - This part may be cited as the “Uniform Recognition and...
§ 1049H. Definitions. - As used in this part: (1) “Canadian domestic-violence protection order”...
§ 1049I. Enforcement of Canadian domestic-violence protection order by law-enforcement officer. - (a) If a law-enforcement officer determines under subsection (b) or...
§ 1049J. Enforcement of Canadian domestic-violence protection order by the Court. - (a) The Court may issue an order enforcing or refusing...
§ 1049K. Registration of Canadian domestic-violence protection order. - (a) An individual may register a Canadian domestic-violence protection order...
§ 1049L. Immunity. - This State or a state agency, local governmental agency, law-enforcement...
§ 1049M. Other remedies. - An individual who seeks a remedy under this part may...
§ 1049N. Uniformity of application and construction. - In applying and construing this uniform act, consideration must be...
§ 1049O. Relation to the Electronic Signatures in Global and National Commerce Act. - This part modifies, limits, or supersedes the Electronic Signatures in...
§ 1049P. Transition. - This part applies to a Canadian domestic-violence protection order issued...
§ 1051. Appeals generally. - (a) From any order, ruling, decision or judgment of the...
§ 1052. Appeals from custody orders. - (a) Any order of the Court relative to the custody...
§ 1053. Appeals by the State in Family Court cases. - (a) An appeal may be taken by the State from...
§ 1061. Examination; treatment; payment. - (a) The Court may order any person within its jurisdiction...
§ 1062. Assignment of prosecutors and public defenders. - Sufficient prosecutors and public defenders shall be assigned to the...
§ 1063. Proceedings; privacy, informality. - (a) All proceedings before the Court and all records of...
§ 1064. Merger; effect on Judges; employees; cases; records; prior offenses. - (a) Effective September 7, 1971, the Family Court of the...
§ 1065. Obtaining personal jurisdiction. - (a) Jurisdiction is acquired over a party in any civil...
§ 1066. Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement. - The Court, in the exercise of its criminal jurisdiction or...
Subchapter IV. Voluntary and Mandatory Human Immunodeficiency Virus Testing of Certain Sex Offenders
§ 1075. Definitions. - For purposes of this subchapter, the following words, terms and...
§ 1076. HIV testing made available. - A person charged with an offense pursuant to Chapter 5...
§ 1077. Order to submit to human immunodeficiency virus testing; test results; notification to Department of Services to Children, Youth and their Families; counseling; costs; notice of appeal not to stay order for HIV testing. - (a) When a defendant has been arrested and charged with...