Delaware Code Title 10 Sec. 1006 – Process; service; return; interim order; investigation
(a) Following commencement of any action concerning a child, the child and the child’s custodian shall be brought into the Court by summons or other process. If no custodian can be located, the child’s guardian, or some suitable person (preferably a near relative) appointed by the Court to act in behalf of the child shall be notified to appear.
Terms Used In Delaware Code Title 10 Sec. 1006
- adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Summons: Another word for subpoena used by the criminal justice system.
(b) A summons or other process of the Court may be served by any probation officer, sheriff, county, town, or city constable or police officer within the officer’s or constable’s jurisdiction, either by reading the same to the person to be served, or by delivering a copy thereof to the person or by leaving a copy thereof at the person’s usual place of abode in the presence of an adult person.
(c) The return of such summons or other process with the indorsement of service by the serving officer in accordance herewith shall be sufficient proof thereof.
(d) Where no custodian or interested close relative can be located, the Court may make such interim order as the interest of the child may require.
(e) In delinquency proceedings after the child has been adjudged delinquent and at any time in all other proceedings concerning a child the Court may accept a study relating to the child previously made by any recognized welfare agency, or may order a study made.
10 Del. C. 1953, § ?935; 58 Del. Laws, c. 114, § ?1; 69 Del. Laws, c. 335, § ?1; 70 Del. Laws, c. 186, § ?1;