Delaware Code Title 13 Sec. 1105 – Contents of petition
(a) A petition for the termination of parental rights must state all of the following:
(1) The petitioner‘s name and address.
(2) The child‘s name, date of birth, and place of birth.
(3) The petitioner’s relationship to the child or the fact that no relationship exists.
(4) The name and address of each parent or presumed father, or name and address of the organization holding parental rights.
(5) a. If the name and address of the father is not provided under paragraph (a)(4) of this section, a statement with an affidavit from the petitioner must be attached to the petition, stating at least 1 of the following:
1. The mother knows the name of the father but is unwilling to disclose the father’s name.
2. The mother does not know the father’s name.
3. The mother knows the father’s name and has provided it, but the mother has never known the father’s address.
4. The mother’s husband when the child was conceived or born, if any, is not the child’s father.
b. If the mother is unavailable or refuses to provide the information required under paragraph (a)(5)a. of this section, the petition must include as much information that is required under paragraph (a)(5)a. of this section as the petitioner knows.
c. If the name or address of a parent is omitted, the petition must include detailed information on the efforts made to locate the missing name or address. The information must include a statement that the petitioner has inquired to determine if either of the following apply to the individual who gave birth to the child:
1. The individual was married at or after the probable time of the child’s conception.
2. The individual named a father on the child’s birth certificate.
(6) The name and address of the person or organization having the care, control, or custody of the child.
(7) The ground for termination of parental rights.
(8) If the child’s parent, guardian, permanent guardian, or relative petitions under § 1103(a)(6) of this title, a detailed statement of why the child would be a dependent child or neglected child in the respondent‘s care.
(9) If a petition is filed under § 1103(b) of this title, a detailed statement of the serious physical or emotional harm to the child.
(10) The name and address of the person, DSCYF, or licensed agency to which parental rights are requested to be transferred.
(11) If DSCYF is the petitioner and requesting that both parents’ rights be terminated, a statement that the petitioner has explored the possibility of placing the child with relatives and the results of those efforts.
(12) A statement outlining other placement efforts, if any.
Terms Used In Delaware Code Title 13 Sec. 1105
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Child: means as defined in § 302 of Title 1. See Delaware Code Title 13 Sec. 1101
- Dependent: A person dependent for support upon another.
- DSCYF: means the Department of Services for Children, Youth and Their Families of this State. See Delaware Code Title 13 Sec. 1101
- Father: means an individual who has established a father-child relationship under § 8-201(b) of this title. See Delaware Code Title 13 Sec. 1101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Individual: means a human being. See Delaware Code Title 13 Sec. 1101
- 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
- Mother: means an individual who has established a mother-child relationship under § 8-201(a) of this title. See Delaware Code Title 13 Sec. 1101
- neglected child: means as defined in § 901 of Title 10. 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
- Petitioner: means a petitioner in a termination of parental rights proceeding under this chapter. See Delaware Code Title 13 Sec. 1101
- Relative: means as defined in § 901 of Title 10. See Delaware Code Title 13 Sec. 1101
- Respondent: means a respondent in a termination of parental rights proceeding under this chapter. See Delaware Code Title 13 Sec. 1101
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) An executed consent or written certification under § 1106 of this title or a waiver of notice under § 1106A of this title must accompany the petition as an exhibit.
(c) If DSCYF or a licensed agency is a party to a petition filed under § 1103(a)(1) of this title and each respondent has waived that respondent’s right to notice under § 1106A of this title, the petition must be accompanied by a social report prepared under § 1107 of this title.
(d) A petition under this chapter must be accompanied by a notarized written consent executed by the person or organization to which parental rights are requested to be transferred, indicating that the person or organization agrees to accept parental rights over the child until an adoption is finalized, unless the petition is filed under § 1103(b) of this title.
(e) A petition under this chapter in which DSCYF or a licensed agency is not a party must be accompanied by a petition for adoption, unless the petition is filed under § 1103(b) of this title.
48 Del. Laws, c. 135, § ?4; 13 Del. C. 1953, § ?1105; 50 Del. Laws, c. 17, § ?1; 59 Del. Laws, c. 466, §§ ?18, 19; 60 Del. Laws, c. 241, §§ ?11, 12; 62 Del. Laws, c. 402, § ?9; 64 Del. Laws, c. 108, § ?6; 68 Del. Laws, c. 276, § ?1; 69 Del. Laws, c. 433, § ?8; 70 Del. Laws, c. 186, § ?1; 73 Del. Laws, c. 171, §§ ?5-7; 79 Del. Laws, c. 209, § ?1; 83 Del. Laws, c. 226, § 5;