Delaware Code

13 Del. C. § 2302 (2026)

Definitions

✓ current as of May 2026
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For the purposes of this chapter, unless the context indicates differently:

(1) “Abuse” or “abused child” is as defined in § 901 of Title 10.

(2) “Adult” means a person who has reached an 18th birthday.

(3) “Best interests” is as defined in § 722 of this title.

(4) “Child” or “children” means persons who have not reached their 18th birthday.

(5) “Court” means the Family Court.

(6) “Department” or “DSCYF” means the Department of Services for Children, Youth and Their Families.

(7) “Dependency” or “dependent child” is as defined in § 901 of Title 10.

(8) “Division” means the Division of Family Services of the Department of Services for Children, Youth and Their Families.

(9) “Foster parent” means an individual or couple who has been approved by DSCYF or a licensed agency to provide foster care in exchange for foster care payments provided by DSCYF or a licensed agency.

(10) “Guardian” means a nonparent or an agency charged with caring for a child during the child’s minority.

(11) “Guardian ad litem” means an individual appointed by the Court to represent the best interests of a child, whether or not that reflects the wishes of the child, who by that individual’s appointment shall be a party to the child welfare proceeding.

(12) “Neglect” or “neglected child” is as defined in § 901 of Title 10.

(13) “Parent” is as defined by § 8-201 of this title.

(14) “Parental responsibilities” means the care, support and control of the child in a manner that provides for the child’s necessary physical needs, including adequate food, clothing and shelter, and that also provides for the mental and emotional health and development of such child.

(15) “Permanency” means the safe, stable, custodial environment in which a child is raised and the life-long relationship that child establishes with a nurturing caregiver.

(16) “Relative” means any sibling, grandparent, uncle, aunt, first cousin, first cousin once removed, great-grandparent, grandaunt or granduncle, half sibling, stepparent, stepsibling, stepaunt or stepuncle, or stepgrandparent of the child who is the subject of a guardianship petition.

73 Del. Laws, c. 150, §  170 Del. Laws, c. 186, §  176 Del. Laws, c. 136, §§  9-1277 Del. Laws, c. 97, §  479 Del. Laws, c. 246, §  184 Del. Laws, c. 42, § 184 Del. Laws, c. 128, § 1
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2019–2026 · leading case: Harris v. DFS (Del. 2021).
Harris v. DFS (Del. 2021). · cites it 3× “16 13 Del. C. § 2302(1) (providing that abuse or abused child is defined as set forth in 10 Del.”
Duncan v. Smith (Del. 2019). “9 See 13 Del. C. § 2302(7) (referring to 10 Del.”
Sanders v. Sawyer (Del. 2020). “6 13 Del. C. § 2302(1), (7), and (12). 7 These factors include: (i) the wishes of the parents; (ii) the wishes of the child; (iii) the interaction of the child with his parents, relatives and any other residents of the household; (iv) the child’s adjustment to his home, school,…”
Carrie Lloyd v. DSCYF TPR (Del. 2026). “The Family Court acted within its discretion when it decided to not consider 7 See 13 Del. C. § 2302(16) (“‘Relative’ means any sibling, grandparent, uncle, aunt, first cousin, first cousin once removed, great-grandparent, grandaunt or granduncle, half sibling, stepparent,…”
— 13 Del. C. § 2302(1) — 2 cases
Sanders v. Sawyer (Del. 2020). “6 13 Del. C. § 2302(1), (7), and (12). 7 These factors include: (i) the wishes of the parents; (ii) the wishes of the child; (iii) the interaction of the child with his parents, relatives and any other residents of the household; (iv) the child’s adjustment to his home, school,…”
Harris v. DFS (Del. 2021). “16 13 Del. C. § 2302(1) (providing that abuse or abused child is defined as set forth in 10 Del.”
— 13 Del. C. § 2302(12) — 1 case
Harris v. DFS (Del. 2021). “16 13 Del. C. § 2302(1) (providing that abuse or abused child is defined as set forth in 10 Del.”
— 13 Del. C. § 2302(16) — 1 case
Carrie Lloyd v. DSCYF TPR (Del. 2026). “The Family Court acted within its discretion when it decided to not consider 7 See 13 Del. C. § 2302(16) (“‘Relative’ means any sibling, grandparent, uncle, aunt, first cousin, first cousin once removed, great-grandparent, grandaunt or granduncle, half sibling, stepparent,…”
— 13 Del. C. § 2302(7) — 2 cases
Duncan v. Smith (Del. 2019). “9 See 13 Del. C. § 2302(7) (referring to 10 Del.”
Harris v. DFS (Del. 2021). “16 13 Del. C. § 2302(1) (providing that abuse or abused child is defined as set forth in 10 Del.”
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