§ 363 — The Elizabeth W. Murphey School, Inc. — Powers over children in custody of School; discharge and appeal

The Elizabeth W. Murphey School, Inc., in which any such child is placed and to which it is surrendered and delivered, shall have the exclusive custody and control and all rights of a parent, in, to and over such child and its services during the term for which such child shall be surrendered and delivered, not exceeding the minority of such child, and the School shall assume all the duties, liabilities and responsibilities of a parent. The School may discharge any child at any time if for any reason the directors of the School shall deem such discharge for the interest of the School or for the interest of such child or for the interest of the other children under the charge of the School. If at any time after a child is placed under the charge and control of the School, the parents, siblings or other near relative of the child shall make written application to the School for the discharge of such child, stating the reasons therefor, and such application is refused, the applicant shall have a right to appeal to the Resident Judge of the Superior Court in Kent County, and, if the Resident Judge, after hearing the facts, is of the opinion that there is good and sufficient cause for the release applied for and that it would be for the best interest of the child, an order shall be made accordingly. Upon any discharge being made, immediate notice thereof shall be given in writing to the parents, siblings or other near relative of the child, and thereafter the School shall have no further rights to, in or over such child and shall be under no further obligations in respect to such child.

Legislative History

34 Del. Laws, c. 156, § 2 ; Code 1935, § 2599; 31 Del. C. 1953, § 363; 70 Del. Laws, c. 186, § 1 ; 76 Del. Laws, c. 213, § 56