Estatutos Seleccionados: Delaware

(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.