Delaware Code Title 10 Sec. 1002 – Delinquent child not criminal; prosecution limited
(a) Except as provided in § 1010 of this title, no child shall be deemed a criminal by virtue of an allegation or adjudication of delinquency, nor shall a child be charged with or prosecuted for a crime in any other court. In this Court the nature of the hearing and all other proceedings shall be in the interest of rather than against the child. Except as otherwise provided, there shall be no proceedings other than appellate proceedings in any court other than this Court in the interest of a child alleged to be dependent, neglected, or delinquent.
Terms Used In Delaware Code Title 10 Sec. 1002
- Allegation: something that someone says happened.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Dependent: A person dependent for support upon another.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) (1) Notwithstanding any other provision of law to the contrary, no child shall be prosecuted for a crime or act of delinquency arising from conduct that occurred when the child was under the age of 12, except for a child under the age of 12 accused of murder in the first degree, murder in the second degree, rape in the first degree, rape in the second degree, or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony as set forth in § 4201 (c) of Title 11.
a. A child younger than 12 accused of murder in the first degree, murder in the second degree, rape in the first degree, or rape in the second degree, or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony set forth in § 4201(c) of Title 11, may not be prosecuted unless the delinquency petition includes a motion to determine competency pursuant § 1007A of this title. If the Court finds the child competent, prosecution of the case may resume at the discretion of the State. If the Court finds the child not competent the Court shall, contemporaneous with the entry of such finding, enter a dismissal of the charge or charges, and the State shall petition the Court to expunge the instant record of arrest as set forth in § 1018(f) of this title.
b. [Repealed.]
(2) A child under the age of 12 may be referred to and required to participate in any pre-arrest diversionary program administered by the Division of Youth Rehabilitative Services, and such child may be referred to the Division of Prevention and Behavioral Health, the Division of Family Services, or any other state agency if the child is believed to be abused, neglected, dependent or otherwise in need of services. Notwithstanding any provisions to the contrary, referrals under this subsection shall not preclude subsequent participation in any pre- or post-arrest diversionary programs for which the child is eligible upon reaching age 12.
(3) A child under the age of 12, who could otherwise be charged with a Title 11 violent felony or a misdemeanor crime of violence if the child were 12 or older, shall be referred to the Juvenile Civil Citation Program under this title. Such child shall be assessed for appropriate programs and services available through the Department of Services for Children, Youth and Their Families. Referrals and participation in the Juvenile Civil Citation Program, shall not preclude subsequent participation in any pre- or post-arrest diversionary programs for which the child is otherwise eligible upon reaching the age of 12.
(c) Except as provided under § 1009(c)(4) of this title, the Court may not order a child or the child’s parent, guardian, or custodian to pay any of the following:
(1) A fine.
(2) A fee.
(3) A cost.
(4) A sum of money to cover the support of the child if placed in a secure or nonsecure detention or residential placement facility operated by the Department of Services for Children, Youth, and Their Families.
10 Del. C. 1953, § ?931; 58 Del. Laws, c. 114, § ?1; 69 Del. Laws, c. 205, § ?1; 69 Del. Laws, c. 335, § ?1; 70 Del. Laws, c. 186, § ?1; 80 Del. Laws, c. 85, § ?1; 80 Del. Laws, c. 175, § ?1; 80 Del. Laws, c. 414, § 1; 83 Del. Laws, c. 259, § 2; 83 Del. Laws, c. 441, § 1;