(a) In any case in which the Superior Court has jurisdiction over a child, the Attorney General may transfer the case to the Family Court for trial and disposition if, in the Attorney General’s opinion, the interests of justice would be best served.
(b) Upon application of the defendant in any case where the Superior Court has original jurisdiction over a child, the Court may transfer the case to the Family Court for trial and disposition if, in the opinion of the Court, the interests of justice would be best served by such transfer. Before ordering any such transfer, the Superior Court shall hold a hearing at which it may consider evidence as to the following factors and such other factors which, in the judgment of the Court are deemed relevant:
(1) The nature of the present offense and the extent and nature of the defendant’s prior record, if any;
(2) The nature of past treatment and rehabilitative efforts and the nature of the defendant’s response thereto, if any; and
(3) Whether the interests of society and the defendant would be best served by trial in the Family Court or in the Superior Court.
(c) (1) The hearing described in subsection (b) of this section shall be held by the Superior Court only upon timely application of the defendant. Such application shall be deemed timely if made within 60 days of arraignment. The Court may enlarge said time period for good cause.
(2) The hearing shall be held by the Superior Court as soon after such application is made as is practicable. Within 90 days of the arraignment, the Superior Court shall announce its decision as to whether the case is to be transferred to the Family Court; however, the Court’s failure to do so shall not be considered as providing a basis for transferring the case to the Family Court, for dismissing the charges, or for providing any other form of relief.
(d) In the event the case is transferred by the Superior Court under this section, the case shall proceed as if it had been initially brought in the Family Court, and the Family Court shall have jurisdiction of the case, anything to the contrary in this chapter notwithstanding.
(e) In the event the Superior Court denies the application to transfer the case to the Family Court and the child subsequently enters a plea of guilty or nolo contendere, the child shall have the right, within 30 days of the child’s sentence, to directly appeal the denial of transfer to the Supreme Court. No plea may be conditioned on a child waiving the child’s right of appeal under this subsection.
(f) Notwithstanding any provision of this section or title to the contrary, the Superior Court shall retain jurisdiction over any case involving a child where the child has previously been declared to be nonamenable to the rehabilitative processes of the Family Court pursuant to § 1010 of this title, or where the child has previously been the subject of a denied application for transfer pursuant to this section, or where the child has previously been convicted as an adult of any felony as set forth in Title 11 or 16, unless the prior Superior Court order has been reversed by the Supreme Court under this section.
10 Del. C. 1953,
§
939;
58 Del. Laws, c. 116,
§
2;
69 Del. Laws, c. 335,
§
1;
70 Del. Laws, c. 263,
§
2;
70 Del. Laws, c. 186,
§
1;
70 Del. Laws, c. 598,
§§
4, 5;
73 Del. Laws, c. 408,
§
1;
83 Del. Laws, c. 40,
§
1;
85 Del. Laws, c. 141,
§
2;
Notes of Decisions
Cited in
34
cases (
24 in the last 5 years), 2017–2026 · leading case:
State v. Keys (Del. Super. Ct. 2018).
State v. Keys (Del. Super. Ct. 2018).
· cites it 11× “2 All charges may be considered for transfer to Family Court under 10 Del. C. § 1011 and, upon Defendant’s Motion to Transfer, a reverse amenability hearing Was held on December 18, 2017.”
State v. Rogers (Del. Super. Ct. 2023).
· cites it 11× “for Reverse Amenability Hearing Pursuant to 10 Del. C. § 1011 at 1-2; see also Case ID No.”
State v. Bailey (Del. Super. Ct. 2017).
· cites it 6× “, fifteen years) in prison on just the minimum mandatory portion of his sentence He filed this Motion to Transfer Charges to Family Court arguing that transfer of his companion charges is Warranted pursuant to 10 Del. C. § 1011. A “reverse amenability” hearing Was held on…”
State v. Brown (Del. Super. Ct. 2019).
· cites it 6× “3 Defendant filed this Motion to Transfer Charges to Family Court under 10 Del. C. § 1011 and the recently amended 11 Del.”
State v.Sharpe (Del. Super. Ct. 2020).
· cites it 6× “* Defendant seeks transfer of his charges to Family Court under 10 Del. C. § 1011. Upon consideration of the reverse amenability hearing held on December 2, 2019, the parties’ submissions, oral arguments, and the record in this case, Defendant’s Motion to Transfer Charges to…”
State v. Ackridge (Del. Super. Ct. 2021).
· cites it 6× “2 He seeks to transfer his charges to Family Court under 10 Del. C. § 1011 and challenges whether the State has established its burden of proof positive or presumption great for the PFDCF charges under 11 Del.”
State v. Jones (Del. Super. Ct. 2022).
· cites it 6× “The reverse amenability process is meant to identify juveniles charged as adults who are amenable to the rehabilitative process of the Family Court.4 If the juvenile files a motion to transfer the adult charges, this Court must hold a reverse amenability hearing and weigh the…”
State v. Wilson (Del. Super. Ct. 2023).
· cites it 6× “) Submitted: August 16, 2023 Decided: August 21, 2023 Upon Defendant Mehki Wilson’s Motion Pursuant to 10 Del. C. § 1011 to Transfer Charges to the Family Court DENIED.”
State v. Carter-Baird (Del. Super. Ct. 2024).
· cites it 6× “) Submitted: March 5, 2024 Decided: March 7, 2024 Upon Defendant Xavier Carter-Baird’s Motion for Reverse Amenability Hearing Pursuant to 10 Del. C. § 1011 DENIED.1 ORDER Zachary D.”
State v. Caudle (Del. Super. Ct. 2018).
· cites it 5× “3 Defendant thus only seeks this Court transfer the Murder First Degree charge under 10 Del. C. § 1011. After considering the submission of the parties, the parties’ oral arguments at the reverse amenability hearing, and the record in this case, the Court flnds that the §…”
State v. Oakley (Del. Super. Ct. 2023).
· cites it 5× “4 On August 19, 2022, Defendant requested a consolidated hearing to determine whether the State has made out a prima facie case against Defendant, pursuant to 10 Del. C. § 1011 and 11 Del. C. § 404.5 4.”
State v. Clark (Del. Super. Ct. 2026).
· cites it 5× “) Submitted: January 22, 2026 Decided: January 23, 2026 Upon Defendant’s Motion Pursuant to 10 Del. C. § 1011 to Transfer Charges to the Family Court GRANTED.”
— 10 Del. C. § 1011(6) — 1 case
State v. Bailey (Del. Super. Ct. 2017).
“, fifteen years) in prison on just the minimum mandatory portion of his sentence He filed this Motion to Transfer Charges to Family Court arguing that transfer of his companion charges is Warranted pursuant to 10 Del. C. § 1011. A “reverse amenability” hearing Was held on…”
— 10 Del. C. § 1011(b) — 31 cases
State v. Keys (Del. Super. Ct. 2018).
“2 All charges may be considered for transfer to Family Court under 10 Del. C. § 1011 and, upon Defendant’s Motion to Transfer, a reverse amenability hearing Was held on December 18, 2017.”
State v. Jones (Del. Super. Ct. 2022).
“The reverse amenability process is meant to identify juveniles charged as adults who are amenable to the rehabilitative process of the Family Court.4 If the juvenile files a motion to transfer the adult charges, this Court must hold a reverse amenability hearing and weigh the…”
State v. Brown (Del. Super. Ct. 2019).
“3 Defendant filed this Motion to Transfer Charges to Family Court under 10 Del. C. § 1011 and the recently amended 11 Del.”
State v. Rogers (Del. Super. Ct. 2023).
“for Reverse Amenability Hearing Pursuant to 10 Del. C. § 1011 at 1-2; see also Case ID No.”
State v.Sharpe (Del. Super. Ct. 2020).
“* Defendant seeks transfer of his charges to Family Court under 10 Del. C. § 1011. Upon consideration of the reverse amenability hearing held on December 2, 2019, the parties’ submissions, oral arguments, and the record in this case, Defendant’s Motion to Transfer Charges to…”
— 10 Del. C. § 1011(b)(1) — 15 cases
State v.Sharpe (Del. Super. Ct. 2020).
“* Defendant seeks transfer of his charges to Family Court under 10 Del. C. § 1011. Upon consideration of the reverse amenability hearing held on December 2, 2019, the parties’ submissions, oral arguments, and the record in this case, Defendant’s Motion to Transfer Charges to…”
State v. Ackridge (Del. Super. Ct. 2021).
“2 He seeks to transfer his charges to Family Court under 10 Del. C. § 1011 and challenges whether the State has established its burden of proof positive or presumption great for the PFDCF charges under 11 Del.”
— 10 Del. C. § 1011(b)(2) — 2 cases
State v. Rogers (Del. Super. Ct. 2023).
“for Reverse Amenability Hearing Pursuant to 10 Del. C. § 1011 at 1-2; see also Case ID No.”
State v. Oakley (Del. Super. Ct. 2023).
“4 On August 19, 2022, Defendant requested a consolidated hearing to determine whether the State has made out a prima facie case against Defendant, pursuant to 10 Del. C. § 1011 and 11 Del. C. § 404.5 4.”
— 10 Del. C. § 1011(b)(3) — 2 cases
State v. Rogers (Del. Super. Ct. 2023).
“for Reverse Amenability Hearing Pursuant to 10 Del. C. § 1011 at 1-2; see also Case ID No.”
State v. Oakley (Del. Super. Ct. 2023).
“4 On August 19, 2022, Defendant requested a consolidated hearing to determine whether the State has made out a prima facie case against Defendant, pursuant to 10 Del. C. § 1011 and 11 Del. C. § 404.5 4.”
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