§ 1005 — Other courts; issuance of warrants; powers and duties

(a) Any judge of any state or municipal court or any official designated for such purpose may issue a warrant directing a peace officer to take into custody a child alleged to be delinquent.

(b) Any judge of any court of this State, including justices of the peace and local aldermen, before whom a child is brought by a peace officer:

(1) May release the child on the child’s own recognizance, or on that of a person having the child’s care, to appear before the court when notified so to do;

(2) May require the child to furnish reasonable cash or property bail or other surety for the child’s appearance before the court when notified so to do;

(3) May order the child detained in a facility designated by the Department of Services for Children, Youth and Their Families pursuant to § 1007(a) of this title provided that no means less restrictive of the child’s liberty gives reasonable assurance that the child will attend the adjudicatory hearing; and provided, that the alternatives delineated in § 1007(b)(5) of this title have been considered; and provided, that such detention shall continue only until the next session of the Family Court;

(4) Shall notify the person having the care of the child, if an address be known, of the child’s having been taken into custody, the reason therefor, and the disposition of the matter;

(5) Shall file with this Court forthwith a petition in accordance with § 1003 of this title on forms furnished by this Court.

Legislative History

10 Del. C. 1953, § 934; 58 Del. Laws, c. 114, § 1 ; 64 Del. Laws, c. 108, § 20 ; 67 Del. Laws, c. 158, § 2 ; 67 Del. Laws, c. 390, § 2 ; 67 Del. Laws, c. 392, § 1 ; 69 Del. Laws, c. 335, § 1 ; 70 Del. Laws, c. 186, § 1