Delaware Code Title 13 Sec. 2358 – Duties and rights of parents
(a) While a permanent guardianship is in effect, the parent shall have the following rights:
(1) Visitation, contact and information, to the extent delineated in the permanent guardianship order issued by the Court. A parent may petition the Court for specific enforcement of provisions of the order granting permanent guardianship relating to contact, visitation or information;
(2) Inheritance by and from the child; and
(3) Right to consent to termination of parental rights and/or adoption of the child.
Terms Used In Delaware Code Title 13 Sec. 2358
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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.
(b) The parent shall have the primary responsibility to support the child financially.
(c) In the event the income and assets of the parent qualify the child for governmental benefits, the benefits may be conferred upon the child with payment to be made to the permanent guardian. The provision of necessities by the permanent guardian shall not disqualify the child for any benefit or entitlement.
(d) If the child has been in the custody of DSCYF immediately prior to the entry of an order for a permanent guardianship, DSCYF shall have no further duty of support or care for the child after establishment of the permanent guardianship unless DSCYF agrees in writing to that support.