§ 2514 — Court findings for children in DSCYF custody

Should the Court find the elements of § 2512(b) of this title, have been met, the Court shall make findings and issue orders at each subsequent hearing regarding the following:

(1) What the permanency plan is, and whether DSCYF has made reasonable efforts to finalize that permanency plan;

(2) If the permanency plan is another planned permanent living arrangement,

a. Whether the child is at least 16 years of age, as this plan is prohibited for any child less than age 16.

b. Whether DSCYF has documented its intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by DSCYF to return the child home or secure placement of the child with a fit and willing relative, including adult siblings, a legal guardian, or an adoptive parent, including thorough efforts that utilize search technology including social media, to find biological family members for the child.

c. What the child’s desired permanency outcome is by asking the child, or where not feasible, the child’s legal representative.

d. What are the compelling reasons that it continues to not be in the child’s best interests to be returned home, adopted, placed with a legal guardian or with a fit and willing relative.

(3) Whether DSCYF has ensured:

a. The caregiver is exercising the reasonable and prudent parent standard.

b. The child has regular, ongoing opportunities to engage in age- or developmentally-appropriate activities, and that any barriers to participation have been identified and addressed.

c. The child has been consulted in an age-appropriate manner about the opportunities of the child to participate in the activities.

Legislative History

80 Del. Laws, c. 363, § 1