(a) Before granting an order for guardianship under this chapter, when parental rights are vested in 1 or more parents, the Court shall find for each parent holding parental rights 1 of the following:
(1) The parent voluntarily consents to the guardianship.
a. Notwithstanding the consent, if the child is in DSCYF custody, the Court shall determine whether guardianship is the appropriate permanency plan for the child and whether it is in the best interest of the child for the guardianship to be granted.
b. The Court shall also determine the reason for establishing the guardianship.
(2) After a hearing on the merits, by a preponderance of the evidence that petitioner has established:
a. The child is dependent, neglected or abused and the reasons therefor; and
b. It is in the best interests of the child for the guardianship to be granted.
(b) When parental rights have been terminated and those rights are vested in DSCYF or a “licensed agency,” as defined in § 1101 of this title, the Court shall grant an order for guardianship upon finding both of the following:
(1) Guardianship is the appropriate permanency plan for the child.
(2) It is in the best interests of the child for the guardianship to be granted.
(c) When more than 1 petition for guardianship regarding the same child or children has been filed, and the elements of either subsection (a) or (b) of this section are met, the Court shall determine which petition, if any, to grant based upon the best interests of the child.
(d) When a guardianship petition is filed against a guardian, and the elements of either subsection (a) or (b) of this section are met, the Court shall determine whether the petition shall be granted based upon the best interests of the child.
(e) If the child is 14 years of age or older, the Court shall determine whether the child consents to the guardianship, and if the child opposes, whether just cause requires the guardianship be granted.
(f) If the Court determines the elements of subsection (a) or (b) of this section have been met, the Court shall issue an order stating the grounds and the reason for establishing the guardianship. The Court shall also determine by a preponderance of evidence the nature and extent, if any, of contact, sharing of information, or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard.
73 Del. Laws, c. 150,
§
1;
73 Del. Laws, c. 360,
§§
2, 4;
79 Del. Laws, c. 246,
§
1;
84 Del. Laws, c. 128,
§
10;
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 2018–2022 · leading case:
Sanders v. Sawyer (Del. 2020).
Berkley v. Calhoun (Del. 2018).
· cites it 2× “3 (6) In reviewing Maternal Grandmother’s petitions for guardianship, the Family Court applied the legal standard set forth in 13 Del. C. § 2330(c), which applies when a guardianship petition is filed against a current guardian and each parent consents to the proposed…”
Duncan v. Smith (Del. 2019).
· cites it 2× “6 (11) On appeal, Mother argues that the Family Court erred by (i) failing to make factual findings sufficient to support the court’s conclusion that Grant is dependent, as required by 13 Del.”
Dawson v. Dawson & Ward (Del. 2020).
· cites it 2× “3 See 13 Del. C. § 2330(a)(2) (providing that before granting an order for guardianship in a case in which both parents do not consent to the guardianship, the Family Court shall find (1) that the child is dependent or neglected and (2) that it is in the best interests of the…”
Sanders v. Sawyer (Del. 2020).
· cites it 2× “The grounds for establishment of a guardianship over a child are set forth in 13 Del. C. § 2330. This statute provides that, before granting guardianship, the Family Court shall find that each parent voluntarily consents to the guardianship or, after a hearing on the merits and…”
Cohen v. Dscyf/dfs (Del. 2019).
“13 Del. C. § 2330(a)(1). 4 (6) In considering the evidence, the Family Court found that only the Mother’s wishes weighed in favor of granting the petitions.”
Price v. Div. of Fam. Servs. (Del. 2022).
“DFS argued that the Family Court should apply 13 Del. C. § 2330(a), which provides: Prior to granting an order for guardianship under this chapter, the Court shall find for each parent the following: (1) The parent voluntarily consents to the guardianship; notwithstanding the…”
— 13 Del. C. § 2330(a) — 2 cases
Sanders v. Sawyer (Del. 2020).
“The grounds for establishment of a guardianship over a child are set forth in 13 Del. C. § 2330. This statute provides that, before granting guardianship, the Family Court shall find that each parent voluntarily consents to the guardianship or, after a hearing on the merits and…”
Price v. Div. of Fam. Servs. (Del. 2022).
“DFS argued that the Family Court should apply 13 Del. C. § 2330(a), which provides: Prior to granting an order for guardianship under this chapter, the Court shall find for each parent the following: (1) The parent voluntarily consents to the guardianship; notwithstanding the…”
— 13 Del. C. § 2330(a)(1) — 1 case
Cohen v. Dscyf/dfs (Del. 2019).
“13 Del. C. § 2330(a)(1). 4 (6) In considering the evidence, the Family Court found that only the Mother’s wishes weighed in favor of granting the petitions.”
— 13 Del. C. § 2330(a)(2) — 1 case
Dawson v. Dawson & Ward (Del. 2020).
“3 See 13 Del. C. § 2330(a)(2) (providing that before granting an order for guardianship in a case in which both parents do not consent to the guardianship, the Family Court shall find (1) that the child is dependent or neglected and (2) that it is in the best interests of the…”
— 13 Del. C. § 2330(a)(2)(a) — 1 case
Duncan v. Smith (Del. 2019).
“6 (11) On appeal, Mother argues that the Family Court erred by (i) failing to make factual findings sufficient to support the court’s conclusion that Grant is dependent, as required by 13 Del.”
— 13 Del. C. § 2330(c) — 1 case
Berkley v. Calhoun (Del. 2018).
“3 (6) In reviewing Maternal Grandmother’s petitions for guardianship, the Family Court applied the legal standard set forth in 13 Del. C. § 2330(c), which applies when a guardianship petition is filed against a current guardian and each parent consents to the proposed…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.