Delaware Code Title 13 Sec. 1116 – Reinstatement of parental rights
(a) A petition for reinstatement of parental rights may be filed in Court on behalf of a child if all of the following conditions are met:
(1) The child is at least 14 years old when the petition is filed.
(2) Parental rights in the child are vested in DSCYF when the petition is filed, regardless of the date parental rights were terminated.
(3) The child is in DSCYF custody under Chapter 25 of this title when the petition is filed.
(4) Adoption of the child is not possible or appropriate.
(5) The child consents to the reinstatement.
(6) The parent who is subject to the reinstatement consents.
(7) At least 2 years have elapsed since the final termination of parental rights order or the child is 17 years old.
Terms Used In Delaware Code Title 13 Sec. 1116
- Child: means as defined in § 302 of Title 1. See Delaware Code Title 13 Sec. 1101
- Court: means the Family Court of the State of Delaware. See Delaware Code Title 13 Sec. 1101
- DSCYF: means the Department of Services for Children, Youth and Their Families of this State. See Delaware Code Title 13 Sec. 1101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Licensed agency: means an agency to which the Delaware Department of Education, Office of Child Care Licensing has granted a license to place children for adoption. See Delaware Code Title 13 Sec. 1101
- Parent: means as defined in § 8-102 of this title. See Delaware Code Title 13 Sec. 1101
- Party: means a party in a termination of parental rights proceeding under this chapter. See Delaware Code Title 13 Sec. 1101
(b) The Court retains jurisdiction to reinstate parental rights in a case in which the Court previously terminated parental rights. A petition for reinstatement must be filed in the county in which the child’s DSCYF custody case is heard.
(c) The child, the child’s attorney, or DSCYF may file a petition for reinstatement of parental rights against 1 or both parents.
(d) Notice and service of the petition must be completed under § 3103 of Title 10 and Court rules.
(e) (1) If the factors under subsection (a) of this section are met, the Court shall hold a hearing on the petition for reinstatement of parental rights.
(2) The Court may grant a petition under this section if it finds by clear and convincing evidence that reinstatement is in the best interest of the child.
(f) A petition granted under this section does not affect the validity of the underlying order terminating parental rights.
(g) A parent whose rights are reinstated under this section is not liable for child support for the time period during which the parent’s parental rights were terminated.
(h) A cause of action concerning the original termination of parental rights may not be brought against DSCYF, a licensed agency, or another party. Upon the Court’s issuance of a final order reinstating parental rights, all of the rights, duties, privileges, and obligations recognized by law between parent and child are reinstated, including rights of inheritance.