Sections
Subchapter I Definitions and Jurisdiction 2301 – 2303
Subchapter II General Procedures for Appointment of Guardians 2320 – 2328
Subchapter III Guardian of the Child 2330 – 2333
Subchapter IV Powers and Duties of a Guardian 2340
Subchapter V Permanent Guardianships for Children 2350 – 2359
Subchapter VI Standby Guardianships 2361 – 2372

Terms Used In Delaware Code > Title 13 > Chapter 23

  • adult person: means a person of the age of 18 years or older. See Delaware Code Title 6 Sec. 4307
  • 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.
  • Affiliate: means a person that directly, or indirectly through 1 or more intermediaries, controls, or is controlled by, or is under common control with, the person specified. See Delaware Code Title 5 Sec. 773
  • Appointed standby guardian: means a person appointed pursuant to this subchapter to assume the powers and duties of guardianship of a child upon the death or determination of incapacity or debilitation of the parent, custodian, or guardian. See Delaware Code Title 13 Sec. 2362
  • Attending physician: means the physician who has primary responsibility for the treatment and care of the parent, custodian or guardian. See Delaware Code Title 13 Sec. 2362
  • banks: when used in this chapter, do not include such national banks, except as otherwise provided in subchapters VI and VII of this chapter. See Delaware Code Title 5 Sec. 701
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Custodian: means a nonparent who has been awarded custody of a child by order of the Family Court, but excludes the Department of Services for Children, Youth and Their Families when it or any of its divisions have been awarded custody by order of the Family Court. See Delaware Code Title 13 Sec. 2362
  • Debilitated: means a person's state of chronic and substantial inability, as a result of a terminal illness, disease or injury to care for a child. See Delaware Code Title 13 Sec. 2362
  • Debilitation: means a person's chronic and substantial inability, as a result of a terminal illness, disease or injury, to care for a child. See Delaware Code Title 13 Sec. 2362
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 101
  • Determination of incapacity: means a written determination made by the attending physician which contains the physician's opinion to a reasonable degree of medical certainty regarding the nature, cause, extent and probable duration of the parent's, custodian's or guardian's incapacity. See Delaware Code Title 13 Sec. 2362
  • Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
  • Division: shall mean the Division of Substance Abuse and Mental Health. See Delaware Code Title 13 Sec. 2355
  • Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
  • 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.
  • Entity: shall mean any committee, agency or group approved by the Division; any law-enforcement committee, agency or group approved by the Department of Safety and Homeland Security; or any committee, agency or group composed of public school teachers and/or administrators. See Delaware Code Title 13 Sec. 2355
  • Incapacity: means a person's chronic and substantial inability, as a result of mental impairment, to understand the nature and consequences of decisions concerning the care of the child, and a consequent inability to care for the child. See Delaware Code Title 13 Sec. 2362
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Recess: A temporary interruption of the legislative business.
  • 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.
  • Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Triggering event: means an event in the designation, petition or decree which empowers the standby guardian to assume the duties of the office, which event may be the death, incapacity, or debilitation of the parent, custodian, or guardian, whichever occurs first. See Delaware Code Title 13 Sec. 2362
  • Trust company powers: means all of the powers, rights, privileges and franchises incident to a trust company established under subchapter IV of this chapter, except:

    a. See Delaware Code Title 5 Sec. 773