Bill Text: DE HB117 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Titles 14 And 15 Of The Delaware Code Relating To School Boards And School Board Elections.
Spectrum: Slight Partisan Bill (Democrat 19-11)
Status: (Engrossed - Dead) 2009-06-16 - Assigned to Finance Committee in Senate [HB117 Detail]
Download: Delaware-2009-HB117-Draft.html
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SPONSOR: |
Rep. Scott & Rep. Barbieri & Sen. Ennis |
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Reps. Carson, Hudson, Q. Johnson, Keeley, Manolakos, Mitchell, Walker, Willis, Wilson; Sen. Sorenson |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 117 |
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AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE POWER OF THE FAMILY COURT. |
Section 1. Amend §1003, Title 10 of the Delaware Code by striking the second sentence thereof and redesignating the remaining sentence as subsection (a).
Section 2. Amend §1003, Title 10 of the Delaware Code by adding the following:
"(b) Once an action under this chapter is commenced, the Court shall have jurisdiction over both the minor child and the parents or legal guardians of a child charged under this chapter.
(c) The Court may enter such order or orders over the parents/guardians including but not limited to:
(1) Attendance at all judicial proceedings involving the child;
(2) Attendance at all medical, psychological or other evaluations concerning the child;
(3) Responsibility to cooperate with DSCYF and any other entity charged with monitoring and implementing terms and conditions of any bail or any sentencing Order;
(4) Attendance at individual counseling sessions for the child, any parent or guardian, and/or attendance and completion of parenting classes.
(d) Failure of a parent or guardian to comply with any provision under this chapter may subject the parent or guardian to civil or criminal findings of contempt.
(e) In all actions brought under this section, the Court shall consider evidence that the parent or guardian has made substantial and reasonable efforts to comply with any Court Order but is unable to cause the child to comply.Other affirmative defenses may be permitted as required in the interests of justice.".
SYNOPSIS
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This bill will give the Family Court certain powers over the parents or legal guardians of minor children who are the subject of a delinquency action in Family Court.The Court may order the attendance of parents/guardians at various judicial and therapeutic proceedings and may use its contempt powers to punish parent/guardians who fail to comply with orders of the Family Court. |
