Delaware Code Title 13 Sec. 2359 – Termination, modification or rescission of permanent guardianship …
(a) Termination. — Except as otherwise specified in this chapter, permanent guardianship of a child terminates:
(1) Upon the permanent guardian‘s death;
(2) Upon adoption of the child;
(3) When the child reaches the age of majority; or
(4) As otherwise ordered by the Court.
Terms Used In Delaware Code Title 13 Sec. 2359
- 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 a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- 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.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(b) Modification. — Except as otherwise specified in this chapter, an order of permanent guardianship may be modified regarding contact, visitation or sharing of information only upon a finding:
(1) That there has been a substantial change in material circumstances; and
(2) That modification is in the best interests of the child.
(c) Rescission. — (1) An order of permanent guardianship may be rescinded only upon a finding:
a. That there has been a substantial change in material circumstances; and
b. That rescission is in the best interests of the child.
(2) A parent may not petition the Court to rescind a permanent guardianship once granted under this chapter.
(3) Where the permanent guardianship is rescinded by the Court, custody of the child shall not automatically revert to the parent. At any subsequent hearing, the parent shall be considered with no greater priority than any other person or agency, and in entering any further order regarding the child the Court shall apply the best interests of the child standard.
(4) If the permanent guardianship is rescinded, and DSCYF held custody immediately prior to the entry of the order, custody shall revert to DSCYF.
(d) Upon a showing by affidavit of immediate harm to a child, the Court may temporarily:
(1) Stay a permanent guardianship order on an ex parte basis pending a hearing and grant temporary custody of the child to DSCYF or temporary guardianship to petitioner; and/or
(2) Stay the visitation, contact or information provisions of a permanent guardianship order on an ex parte basis pending a hearing.