Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children A Legal Resource for People Caring for the Children of a Relative Table of Contents Introduction 5 Chapter 1 Grandparent Visitation 8 Filing a Petition 9 Visitation Centers 11 Chapter 2 Reporting Child Abuse or Neglect 12 Contacting the Division of Family Services (DFS) 13 What the Division of Family Services Does 14 Chapter 3 Protection from Abuse Orders 16 PFA Defined/Who Can Apply 17 Applying for a PFA Order 18 Emergency PFA 21 The PFA Hearing 21 Chapter 4 Third Party Custody and the Dependency/Neglect Process 24 Chapter Glossary 26 Overview 27 Filing a Dependency/Neglect Petition 28 The Hearing Process 29 Emergency Custody 32 Legal Representation 33 Chapter 5 Guardianship 34 The Types of Guardianship 36 Who Can Obtain Guardianship 37 Filing for Guardianship 37 Financial Support 39 Chapter 6 Foster Care 40 Becoming a Foster Parent 41 The Birth Parents' Interests 42 Financial Support 42 Chapter 7 Adoption 44 Who Can Adopt 45 The Adoption Process 46 Termination of Parental Rights 46 Financial Support 48 Chapter 8 Education and Healthcare Issues 50 Relative Caregivers' School Authorization Affidavit 51 Relative Caregivers' Medical Authorization Affidavit 53 Chapter 9 Special Education 54 Overview 56 Eligibility 57 Individuals with Disabilities in Education Act Ð IDEA 58 Disagreements/Complaints 62 Mediation 63 Impartial Due Process 64 State Complaint Procedure 66 The Rehabilitation Act, Section 504 67 For More Information 69 Chapter 10 Child Support 70 Chapter 11 The Family Court 76 What Family Court Does 77 The Juvenile Justice System 78 Your Minor Grandchild is Accused 79 of Committing a Crime Detention Centers and Probation 81 Chapter 12 Future Planning for You 84 and Your Grandchild Why You Need a Will 85 Advance Health Care Directives (AHCD) 85 Power of Attorney 86 Glossary 89 Resources Phone Number List 92 Forms Used in Family Court 104 Advance Health Care Directive 105 Caregivers' Medical Authorization Affidavit 111 Caregivers' School Authorization Affidavit (Sample) 115 Dependency/Neglect Petition for Custody 120 Petition Ð Rule to Show Cause 122 Petition for Support 123 Petition for Order of Protection from Abuse 124 Petition for Visitation 126 Index 127 ####Table of Contents (cont.) ########Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children A Legal Resource for People Caring for the Children of a Relative Introduction The responsibility of caring for a relative's child touches every aspect of the caregiver's life. One of the most important concerns that weaves throughout all other issues for the caregiver is trying to provide stability in a young life that has experienced a great deal of instability. One step toward stabilizing the child's life is to know, understand, and be able to access legal options to the caregiver through the state court system. This is the intention of Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children, to give caregivers a little background on some of the legal circumstances that may become part of their lives. That background and the knowledge of how the system works will hopefully ease caregivers' concerns, since they will know their options and what to expect. Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children does not provide all information there is on any topic in this book. Under no circumstances should Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children, be considered legal advice. Delaware Health and Social Services Division of Services for Aging and Adults with Physical Disabilities and the Community Legal Aid Society of Delaware intend this document as a beginning point and not legal counsel. Legal Help Link is a main number that the public can call to contact the three legal service providers in Delaware Ð Community Legal Aid Society, Inc; Delaware Volunteer Legal Services, Inc; and Legal Services Corporation of Delaware, Inc. These three legal assistance organizations offer their services at no charge for eligible clients. Besides other factors, eligibility also depends on the particular area of legal assistance needed. Legal Help Link assures that callers are referred to the appropriate legal services organization or to a private attorney for assistance. For detailed legal advice, you can contact the Legal Help Link at (302) 478-8850 or 1-800-773-0606. Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children is set up to make information as easy as possible to use. The Contents page lists the Chapters. The beginning of each Chapter lists the information in that Chapter and the specific number of the question where that information can be found. Cross-references are in the text so that a question that just touches on an area will refer the reader to where the subject is covered in more depth. The Glossary will help you understand legal terms. Chapter 4, Third Party Custody and the Dependency/Neglect Process, contains more legal terms than any other chapter. Therefore, some terms used in Chapter 4 are listed at the beginning of the section to make the reading easier. Those terms are also in the Glossary. After the Glossary, you will find a Resource List of the various agencies and their phone numbers. These agencies may be able to help you in your search for legal answers to your questions and services for your grandchild. The section following the Glossary is Legal Forms, which have been mentioned in the text of Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children. The final section is the Index, which will help you to locate exactly what you are trying to find. Relative caregiving knows no boundaries. Relative caregivers can be great grandparents, grandparents, aunts, uncles and cousins. To acknowledge the variety of caregivers and gender of the children they care for, you will find a variety of terms used for the caregiver and also for the gender of their children. Our hope is that caregivers will find this document useful and that those who support them will find it beneficial in their work for grandparents and relative caregivers. If you have comments or suggestions, please send an e-mail to the Division of Services for Aging and Adults with Physical Disabilities at DSAAPDinfo@state.de.us or call the Division at 1-800-223-9074. ############1 Grandparent Visitation For Information On: See Question #: Adoptive grandparents 1 Adoptive parents 1 Commissioners (Glossary) 6 Contempt of Court (Glossary) 7 Family Court 2, 3, 5, 6, 7 Family Court Resource Centers, 3 Self-Help Center Fee waiver application 4 Fees 4, 9 Filing visitation petition 1, 3 Commissioner (Glossary) 6 Legal standing (or position) 1 Mediation 5 Mediators 5 Petition to Show Cause (Forms) 7 State Service Centers 8 Termination of Parental Rights 1 Transferring child 8 Violations 7 Visitation (grandparents) 1, 2 Visitation centers (Resources) 8, 9 Visitation order 7 General Visitation Statute Ñ Title 13 Delaware Code, Chapter 7 Web address: http://www.delcode.state.de.us/ ####Introduction You may find that your family's relationships are not as open and friendly as you would like, but you have a relationship with your grandchildren and would like to continue visiting. If you wish to visit with your grandchildren, you should first contact the children's custodian. Parents are considered to be joint natural custodians over their children, but if the Family Court has removed the children from their parents' custody, you should contact the person given custody rights by the Family Court. If your grandchildren's custodian is not willing to allow you to visit with your grandchildren, you may file a visitation petition (see Forms) in the Family Court. This chapter is about the petition filing process in Delaware and the use of Visitation Centers. Other relatives may apply for visitation rights under the general visitation statute, Title 13 Delaware Code, Chapter 7. You can access the Delaware law on the Internet at http://www.delcode.state.de.us/ or at your county courthouse resource center. Filing a Petition 1. Who has standing (legal position) to file a visitation petition in the Family Court? Natural parents and the parents of natural parents (the natural grandparents) have standing to file a Family Court petition for visitation with a child. Adoptive parents and the parents of adoptive parents (the adoptive grandparents) also have standing to file a Family Court petition for visitation with a child. Parents who have lost their parental rights through a termination of parental rights proceeding do NOT have standing to file a petition for visitation. This also applies to the parents of parents who have had their parental rights terminated. 2. What is the role of Family Court? Delaware has statutes (laws) that govern visitation and guide the decisions of the Family Court. Under those statutes, a grandparent may visit a grandchild in most circumstances. The Family Court is not allowed to grant visitation to a grandparent when the parents of a child live together as husband and wife and both parents object to visitation between the grandparent and that child. In all other circumstances, the Court will grant visitation to a grandparent if the grandparent shows that visitation is in the best interest of the child (see Glossary). 3. Where do I go to file a visitation petition? The grandparent must file a visitation petition in the Family Court in the county where the child lives. Both Kent and Sussex counties' Family Court have resource centers where Family Court staff work to help people find, fill out and file the appropriate papers. The New Castle County Courthouse Self-Help Center serves the needs of litigants of all of Delaware's State Courts, including Family Court. 4. Is there a fee to file a visitation petition? At the date of the publication of Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children, the filing fee for a visitation petition is $50. If the petitioner has little or no income and cannot afford the filing fee, the petitioner may file a fee waiver application. 5. What is mediation? Mediation is a process which Family Court uses to help people settle disagreements before they are heard by a judge. It is often the case that people involved in a visitation disagreement can resolve their differences through discussion and compromise. The Court's mediators are trained to assist in that process. A mediator from the Court will meet with the petitioner and the child's custodian(s) to try to work out a visitation schedule. If the parties can agree to a visitation schedule, they will sign a written agreement. The mediator will deliver it to the judge or administrator who will enter the agreement and the visitation schedule as a court order. 6. What happens if the mediation process fails? A dispute that is not settled through mediation is scheduled for a hearing. Hearings in the Family Court are conducted by judges and commissioners (see Glossary). Although there are differences in the way a party may appeal the decision of a judge or a commissioner, the authority of each of these judicial officers is very similar. 7. What if one of the parties violates the visitation order? Once an order requiring visitation is entered, that order must be obeyed by all of the parties. If one of the parties disobeys the order, another party may return to the Family Court and ask that the violating party be held in contempt of court (see Glossary). To ask the Court to hold someone in contempt a Petition for a Rule to Show Cause must be filed (see Forms). In this petition, you must state the way in which the other party has disobeyed the order. The Family Court will hold someone in contempt as a way of forcing that person to obey the order. Visitation Centers 8. What are Visitation Centers? In cases where a parent has committed acts of domestic violence against a child, or against the parent or custodian of the child, the Family Court may order that visitation between the offending parent and the child take place in a professionally supervised environment. These places, called Visitation Centers, are located throughout the state of Delaware (see Resources for contact numbers and locations). The Visitation Centers are located at certain State Service Centers. A center staff person supervises visits that take place in a Visitation Center. The Visitation Center may also be used to transfer the child between the custodian and the person with visitation rights. This eliminates contact between the two parties and is often used when domestic violence is an issue. Visitation Centers are open during regular business hours and by appointment on weekends and holidays. 9. Is there a fee to use a Visitation Center? Yes, there is a charge for use of the visitation Centers. It is a sliding-scale fee based on income. Unless the Court orders otherwise, the parent visiting the child pays this fee. ####1 2 3 4 5 6 7 8 9 10 11 12 Family Court locations: Kent County Dover (302) 739-6500 New Castle County Wilmington (302) 255-0300 Sussex County Georgetown (302) 856-5601 Grandparent Visitation ########2 Reporting Child Abuse or Neglect For Information On: See Question #: Abuse and/or neglect Introduction, 1,3 Anonymous reporting 2 Division of Family Services Introduction 1,2,5,6,7,8 Foster care placement 6, 8 Placement with a relative 7, 8 Reporting Introduction, 1 Response time 4 Safety of children 6 Delaware Law Ð http://www.delcode.state.de.us/ ####Introduction If you are concerned that your grandchild or minor relative is being neglected or abused by his parents or custodian, help is available. In some instances, it may not be wise to confront the parents or custodian on your own, so please contact the Division of Family Services. If you know or reasonably suspect a child may be abused or neglected, you are required by law to report it to the Division of Family Services. The 24-hour, toll-free Report Line number is 1-800- 292-9582. The Division of Family Services also investigates when children are at risk of abuse or neglect. This chapter explains the role of the Division of Family Services in protecting Delaware's children. Contacting the Division of Family Services (DFS) 1. What is the Division of Family Services? The Division of Family Services is the state agency responsible for investigating abuse and neglect of children. If you suspect that a child is being abused or neglected, you are required by law to call the Division of Family Services' 24-hour, toll-free Report Line (1-800-292-9582) and make a report. You will need to provide basic information about what is happening or has happened and the whereabouts of the child. You will also need to provide detailed information about the condition of the child. Include any information that you have about the parents or other adult caretakers. 2. Can the call to the Division of Family Services (DFS) be made anonymously? The Division accepts anonymous calls. Also, it is the policy of the Division to not reveal the name of any person who makes a report. It is helpful for the Division to know the name and phone number of the caller in case additional information is needed. By law, anyone who makes a report in good faith shall have immunity from civil or criminal liability. 3. What does abuse and/or neglect of a child mean? Title 16 of the Delaware Code defines abuse as "any physical injury to a child by those responsible for the care, custody and control of the child, through unjustified forces as defined in ¤468 of Title 11, emotional abuse, torture, criminally negligent treatment, sexual abuse, exploitation, maltreatment or mistreatment." Neglect, as defined in Title 16 of the Delaware Code, means "the failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary: Education as required by law; nutrition; or medical, surgical or any other care necessary for the child's well-being." You can read the law on the Internet at http://www.delcode.state.de.us/ or at your county courthouse resource center. 4. How quickly will the Division of Family Services (DFS) #espond to a report of abuse or neglect? DFS will make a decision about the response time based on factors such as the age of the child and the seriousness of the allegations. Situations needing urgent response will be responded to immediately, up to within 24 hours. Other situations will be responded to within 10 calendar days. 5. What does the Division of Family Services' investigation process include? The Division of Family Services' investigation process includes, but is not limited to: ¥ conducting interviews with the children and/or observing children ¥ interviewing the parents or other adult caretakers ¥ obtaining information from a minimum of two other sources who have knowledge about the child, such as the child's physician or schoolteacher ¥ obtaining criminal background information about the adult caretakers. 6. What happens to the children if the Division of Family Services (DFS) finds they are being mistreated? If DFS determines that the children are not safe under the circumstances, a social worker will try to develop a plan with the parents to fix the problem. If such a plan is not possible, the Division will seek custody of the children for placement in a safe environment such as a foster home. 7. Will the Division of Family Services (DFS) allow the children to stay with any relative? When it becomes necessary to remove a child from the home, DFS will try to find a relative caregiver. Before permitting the children to live with you as a relative caregiver, DFS will assess everyone living in your home. They will be looking for any past involvement with DFS. They will also determine if any members of your household have a criminal record. DFS will also inspect the home to make sure it is physically adequate. Among the things DFS will be looking at are adequate beds, food, and potential health hazards. 8. My grandchild was placed in foster care without my knowledge. #hy didn't the Division of Family Services (DFS) notify me, a concerned relative? While DFS attempts to explore the possibility of placing a child with a relative before placing a child in foster care, parents do not always give DFS information about family members. So, if you know the child has already been removed from the home, placed in foster care, or that DFS is otherwise involved with the family, call DFS and tell them you are willing to have the child live with you. ####1 2 3 4 5 6 7 8 9 10 11 12 What the Division #f Family Services Does Reporting Child Abuse or Neglect ####What the Division #f Family Services Does (cont.) ####3 Protection from Abuse Orders For Information On: See Question #: Agreement to PFA 10 Abusive actions 6 Civil contempt 16 Criminal misdemeanor 14 Emergency Order 9 Enforcement 13 Family Court 4, 5 Filing a Protection From Abuse Order 4 Length of time in effect 12 People NOT protected 3 People protected 2 PFA hearing 10, 11 Protection from Abuse Order (PFA) (Forms) Introduction 1 Protections 8 Relief 8, 10, 11 Trial 10, 14 Witnesses 7, 11 ####Introduction You or the child for whom you are caregiver may be a victim of abusive conduct from a relative or a member of the immediate household. It may be necessary for the threatened party to apply to Family Court for a Protection From Abuse Order (PFA). This chapter will explain the nature of a Protection From Abuse Order, to whom it applies, and how to obtain one from the Family Court. PFA Defined/Who Can Apply 1. What is a Protection From Abuse Order? A Protection From Abuse (PFA) Order is a civil protective order to prevent violence between family members and to enable victims of domestic violence to live without abuse. Through the PFA law, the abuser can be ordered to stay away and not have any contact with the victim (see Forms). 2. Who is protected by the Protection From Abuse Act? In general, the Protection From Abuse (PFA) Act protects a victim of domestic violence. In Delaware, the people protected by the PFA include: ¥ Former and current spouses; ¥ A man and woman living together but not legally married (at the time of the abuse) with or without a child in common; ¥ A man and woman living separate and apart with a child in common; and ¥ Family members, including mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law, son, daughter, son-in-law, daughter-in-law, grandfather, grandmother, grandson, granddaughter, stepfather, and stepmother. 3. Who is NOT protected by the Protection From Abuse (PFA) Act? There are several types of relations that are not covered by the PFA. Two specific types of relationships that are frequently asked about but are NOT covered are: ¥ A boyfriend and girlfriend who have never lived together #nd do not have any children in common; and ¥ Same-sex relationships 4. Where can I get a PFA? You, the victim, must file a Petition for Protection From Abuse Order with the Family Court. You can file the petition in any county where one of these conditions apply: ¥ Where you live ¥ Where the accused offender lives ¥ Where the abuse took place ¥ Where you are temporarily located to avoid the domestic abuse. Family Court New Castle County 500 King Street Wilmington, DE 19801 (302) 255-0300 Kent County 400 Court Street Dover, DE 19901 (302) 739-6500 Sussex County 22 The Circle Georgetown, DE 19947 (302) 856-5601 5. Where do I go in the Family Court? Go to the Intake Unit in the county courthouse. All PFA petitions are handled in the Intake Unit to give petitioners more privacy. 6. How do I prove that I am being or have been abused? In order to obtain a Protection From Abuse (PFA) Order from the court, the victim must prove the offender abused him or her in at least one of the following ways: ¥ Intentionally or recklessly caused or tried to cause the victim physical injury or sexual offense; ¥ Intentionally or recklessly placed or attempted to place the victim in reasonable fear of physical injury or sexual offense; ¥ Intentionally or recklessly damaged, destroyed, or took the property of the victim; ¥ Acted in a course of alarming or distressing conduct, in a manner likely to cause the victim fear or emotional distress, or provoked a violent or disorderly response from the victim; ¥ Trespassed on or in the property of the victim; ¥ Child abuse; ¥ Unlawful imprisonment, kidnapping, interference #ith custody and coercion; ¥ Any other conduct which a reasonable person under #he circumstances would find threatening or harmful. 7. How can I prove to the Court that these abuses happened and that the abuser caused them? You may testify yourself concerning the abusive act(s) and/or you may call witnesses to testify. The Court will listen to testimony, which are statements made in the courtroom by witnesses. The Court will listen to witnesses explain what they saw or heard. For example, a neighbor who overheard an argument or threat can testify about what he or she heard. A police officer who saw a bruise or cut can testify about what he or she saw. 8. What relief can I request when filing the petition? There is broad relief available to a victim (which the victim MUST REQUEST when filing the petition) to effectively intervene and help end the abuse. The final order can: ¥ Forbid the offender from committing any other act of abuse against the victim; ¥ Forbid the offender from contacting the victim by mail, phone, or any other means, including third-party contact; ¥ Forbid the offender from coming within 100 yards of the victim, the victim's residence, or the victim's workplace; ¥ Grant the victim exclusive use and possession of the parties' residence, regardless of how the property is titled (this does not affect ownership of the property); ¥ Award the victim temporary possession of certain personal property (for example, cars, keys, checkbooks); ¥ Award temporary custody of the parties' children to the victim and provide for supervised visitation with the perpetrator; ¥ Order the offender to pay child support or spousal support; ¥ Award the victim damages for losses suffered as a direct result of the domestic violence (for example, property that was destroyed, medical costs, loss of earnings); ¥ Forbid the offender from transferring, putting conditions on the use of the property, or hiding any property in which the victim has an interest; ¥ Require the offender to attend counseling; ¥ Require the offender to give any guns in his or her possession to the police; and/or ¥ Provide any other relief the court decides is reasonable. 9. I need protection as soon as possible. What can I do? When you file the Petition for Protection From Abuse order, you can ask the court for an emergency order, also called an ex parte order. It can take an hour or two to get into a courtroom. The victim must explain to the court why he or she needs an emergency order. If the court feels there is sufficient reason, it will issue a temporary emergency order that day. If the court issues the temporary emergency order, a full hearing on the petition will be held within 10 days. If the court does not issue a temporary emergency order, a full hearing will take place within 30 days. 10. Must there be a PFA hearing if the accused person agrees to the terms of the PFA? On the day the full hearing is scheduled to take place, the accused offender will be asked by court staff if he or she wishes to agree to a PFA. If he or she agrees, there will be no need for a hearing and there will be no finding of abuse against the accused offender. The order will include all the relief to which the parties agreed. The order will be as enforceable as any order obtained through a full hearing. If the accused agrees to a PFA, the victim does not have to risk losing a trial and having the petition dismissed. The victim may still request a trial. Keep in mind that a finding of abuse against an abuser can result in the abuser having a more difficult time getting custody of children, if any are involved. 11. What if the accused offender does not agree to the order? If the accused offender does not agree to the order, then the victim must prove the offender abused the victim, as accused in the petition, through a full hearing. The complete PFA hearings are heard on the day scheduled, and the victim must have all witnesses present for the hearing. If the victim proves the alleged abuse occurred, then the PFA will be awarded. The relief granted to the victim will depend on what is necessary to prevent further violence. 12. How long is the PFA in effect? Regardless of whether the order is issued by consent or through a full hearing, the order usually will stay in effect for one year from the date it is issued. Under certain circumstances, the order can be extended for an additional period of up to six months. 13. Who enforces the PFA? Enforcement of the PFA is largely the responsibility of the protected victim. The victim is the first to know when the order has been violated. Therefore, if the offender violates the order (for example, contacts the victim or further abuses the victim), the victim must immediately call the police and report the violation. 14. What will happen if the offender violates the PFA? Any violation of the order is a criminal misdemeanor. Violations reported in this fashion will generally result in the perpetrator being arrested and criminally charged with a violation of the protective order. The violation must be proven at a criminal trial. Repeated criminal convictions for violating the protective order may result in jail time for the offender. 15. What should the victim do if the offender violates the PFA? The victim should call the police, particularly if the offender is violating an order to stay at least 100 yards away or to have no contact. Police can arrest the offender for criminal contempt. 16. What if the offender doesn't pay court-ordered support or breaks a custody or visitation order? The victim can also file a motion for a civil contempt of the PFA in Family Court when the violation involves non-payment of support or violations of the custody or visitation order. The victim would have to prove in court that the offender committed the violation. ####1 2 3 4 5 6 7 8 9 10 11 12 Applying for a PFA Order Protection from Abuse Orders ####Applying for a PFA Order (cont.) ####1 2 3 4 5 6 7 8 9 10 11 12 Protection from Abuse Orders ####Emergency PFA The PFA Hearing ####1 2 3 4 5 6 7 8 9 10 11 12 The PFA Hearing (cont.) Protection from Abuse ########4 Third Party Custody and the Dependency/Neglect Process For Information On: See Question #: Abused Introduction, 2, 6 Adequate care 4 Best interest factors (Glossary) 5, 15 Children's needs 12 Community Legal Aid Society, Inc. 20 (Resources) Court Appointed Special Advocate 23 (CASA) (Resources) Delaware's Domestic Relations Code 15 Dependent child (Glossary) 2, 8, 9 Dependency/Neglect Petition (Forms) Introduction, 6, 7, 16 Deputy Attorney General 20 Division of Family Services (DFS) 2, 9, 12, 13, 15 Emergency custody 16, 17, 18 Ex Parte custody 17 Family Court 7, 9, 11, 16 Fee 19 First-hand evidence 10 Guardian ad item 21, 22 Guardianship 3, 4 Hearsay evidence (Glossary) 8, 10 Immediate and Permanent Harm 17 Joint Custody 1 Joint natural custody 1 ####For Information On: See Question #: Neglected child (Glossary) 2, 6, 8, 9 Office of the Child Advocate (Resources) 22 One parent sole custody 1 Permanency Planning Committee 15 Plan 9, 13, 14, 15 Probable cause 8 Reunification 15 Review hearings 13, 14 Services 9, 13 Termination of Parental Rights (TPR) petition 15 Third party Introduction, 2 Who can file for dependency/neglect 6 Introduction As a grandparent, you are considered a third party if you go to court to get custody of your grandchild. As discussed in Chapter 2, if you believe your grandchild is being neglected or abused you must report it to the Division of Family Services. You may also decide to file a dependency/neglect petition in Family Court (see Forms). Chapter 4 explains the dependency/neglect petition filing process. Adjudicatory Hearing Ð A Family Court hearing which occurs after a child has been removed from the custody of a parent or guardian on an emergency basis and placed with the Division of Family Services. Dependent child Ð A child whose physical, mental or emotional health and well- being is threatened or harmed because of inadequate care and protection by the child's custodian, who is unable to provide for the child whether or not caused by the child's behavior. 10 Del. C. ¤901(8) Dispositional Hearing Ð A Family Court hearing held 30 days after the Adjudicatory Hearing. At this hearing the judge decides if the placement of the child and the conditions of that placement are appropriate. Hearsay evidence Ð A statement made out of court and which is offered to prove the truth of the information in the statement. Law citations Ð As you read about the law, you may see references that look like this: 13 Del. Code ¤ 1103. These are legal citations that direct you to the specific part of the law in question. The first number (in this case, the 13) is the title of the law in the Delaware Code. The Delaware Code is the name for the entire set of state laws. The number that follows the symbol "¤" (in this case, the 1103) is the section or subsection of that law. Neglected child Ð A child whose physical, mental or emotional health and well- being is threatened or harmed because of inadequate care and protection by the child's custodian, who has the ability and financial means to provide for the care but does not or will not provide adequate care. Petitioner Ð One who files an action in court. Note: These definitions apply in the context of family law only. 1. What is custody? Custody, or the right to care for and maintain a child, is usually the right of the birth parents. If there have been no legal proceedings each parent automatically holds joint natural custody. If there has been a court proceeding, the court can either award one parent sole custody or continue joint custody with both parents. In cases where one parent is awarded sole custody, that parent is the custodial parent and is responsible for making all decisions concerning the child. In cases where the court has awarded joint legal custody to both parents, then both parents are responsible for making joint decisions concerning the child. 2. What is third-party custody? Custody to a third party means custody granted to the Division of Family Services or to an individual other than a parent because of an emergency situation. It is intended to be temporary. The person petitioning for custody must show that the child is dependent, abused, or neglected (see Chapter 4 Glossary). While the intent is for custody to be temporary, the individual or the state agency that holds custody can get a court order to keep custody until the child reaches adulthood. 3. What is the difference between custody and guardianship? The difference between custody and guardianship is a difficult question that refers to many different laws and situations and would take many pages to answer. Generally custody is seen as something less than guardianship, but there is usually no difference in what a custodian versus a guardian can do for a child. However, some organizations such as schools, hospitals, or doctors may be under the legal obligation to accept consent to various things only from a parent or a legal guardian. Keep in mind that this document is not meant to be legal counsel. If you have specific questions regarding custody and guardianship, you will need to refer to an attorney. 4. How does the court decide to grant custody or guardianship? Whether the petitioner seeks custody or guardianship, a parent can only be deprived of custody if the Court determines that the parent cannot provide "adequate care" for the child. If the Court so determines, then the Court will decide what custody, arrangement or placement is in the child's best interest. 5. What is meant by "the best interest factors" for a child? The court determines the custody and residential arrangements for a child by focusing upon the child's "best interest." Factors the court considers in determining the child's best interest include but are not limited to: ¥ wishes of the parent ¥ wishes of the child ¥ relationship of the child with other people living in the household ¥ child's adjustment to the home, school and community ¥ mental and physical health of all individuals involved ¥ past and present compliance of both parents #ith their rights and responsibilities, and ¥ evidence of domestic violence. 6. Who can file a dependency/neglect petition? Anyone who believes a child is being neglected or abused can file a dependency/neglect petition (see Forms or http://courts.state.de.us/ family/starting/forms/Forms.html). 7. How do I file a dependency/neglect petition? Go to Family Court in the county where the child currently lives. #taff will help you complete the form. 8. What is a Preliminary Protective Hearing? Once the Division of Family Services removes the children from their home, a hearing is scheduled in Family Court within 10 days. This hearing is called a Preliminary Protective Hearing, and its purpose is to determine probable cause (reasonable belief that certain facts and circumstances exist). The parents will be notified of this hearing, and they may have an attorney present. The petitioner has to show probable cause that the child is dependent or neglected (see Glossary) and that he or she will suffer certain harm if not removed from the parents' care. Any information, including hearsay evidence (see Chapter 4 Glossary), is allowed at this time. 9. What is the Adjudicatory Hearing? After the Preliminary Protective Hearing, the Adjudicatory Hearing (see Chapter 4 Glossary) is scheduled within 30 days in Family Court. At this hearing the petitioner must prove that the children are still dependent or neglected and that they need to remain in the care of the petitioner. If the Division of Family Services (DFS) is the petitioner, its staff should have met with the parents by this time to determine what services they may need to correct the situation. Throughout the legal proceedings, DFS should be developing a plan with the parents, which gives the details about what DFS will require the parents to do before the children can be returned to them and spells out the services DFS will offer the parents. When appropriate DFS can provide many services to the family such as financial assistance, parent aide services to assist with parenting skills, individual and family counseling, intensive home-based services, and/or transportation to appointments. DFS also can help the family get connected with other service providers in the community if the family has other needs. If Family Court continues custody with the petitioner at the Adjudicatory Hearing, a Dispositional Hearing is held 30 days after the conclusion of the Adjudicatory Hearing. 10. Only first-hand evidence is allowed at the Adjudicatory Hearing. #hat is first-hand evidence? All testimony must be first-hand at the Adjudicatory Hearing. Hearsay evidence is NOT admissible. For example, at the Preliminary Protection Hearing, the DFS worker can testify that the day care worker saw bruises on the child, which is hearsay evidence. At the Adjudicatory Hearing, the day care provider who actually saw the bruises must testify himself or herself to what he or she saw. 11. What is the next step if Family Court allows the petitioner to continue custody? If Family Court continues custody with the petitioner at the Adjudicatory Hearing, a Dispositional Hearing is held 30 days after the conclusion of the Adjudicatory Hearing. At the Dispositional Hearing, the judge decides if the placement of the child and the conditions of that placement are appropriate. 12. What happens at the first Dispositional Hearing? If the Division of Family Services (DFS) is the petitioner, the court will look to see that the parents are working with DFS, that the temporary caretaker is meeting all of the children's needs, and that the appropriate services are being offered to the parents. DFS' workers are required to meet with the parents on a regular basis. 13. What services can DFS provide during the Dispositional Hearing #nd Adjudicatory Hearing? The Dispositional Hearing is the time when the plan is made part of the court order. In developing this plan and during the Adjudicatory Hearing, DFS can provide many services to the family such as financial assistance, parent aide services to assist with parenting skills, individual and family counseling, intensive home-based services, and transportation to appointments. DFS also can be helping the family get connected with other service providers in the community if the family has other needs. The plan will be reviewed at each subsequent Review Hearing. 14. How often are Review Hearings held? Review Hearings are scheduled every three months, starting from three months after the date of the Dispositional Hearing. The progress of the family is discussed at these hearings. At this point, if the parents are cooperating and following the plan, DFS should be expanding the children's visitation with the parents and looking toward returning them home. 15. How much time are the parents given before their parental rights are terminated? Once children have been removed from the parents' custody, the parents must be actively working toward reunification (bringing the family back together) with the children. Otherwise, the Division of Family Services (DFS) will try to have their parental rights terminated so that the children can be freed for adoption (see Chapter 7). When children have been in foster care for 10 months, the DFS worker is required to present the case to the Division of Family Services' Permanency Planning Committee. The Permanency Planning Committee is responsible for reviewing the progress that a family is making in addressing the issues that resulted in the children being removed from the home. If the parents are making progress on their plan and it looks like reunification is likely to occur in the near future, the DFS worker continues to work with the family. However, if the parents are not making progress on their plan and reunification does not look promising, the Permanency Planning Committee may recommend that the DFS worker file a Termination of Parental Rights (TPR) petition. Family Court must give final approval before DFS can officially discontinue reunification efforts. At the next regularly scheduled Dispositional Hearing, DFS will present its case, describe the parents' lack of planning, and request that the goal change from reunification to termination of parental rights. Generally, if children are one year of age or older, parents have one year to be reunified with their children before DFS will seek to terminate their parental rights. If the child is less than one year old, DFS can file a Termination of Parental Rights petition after six months. However, there are circumstances in which DFS may seek to terminate parental rights before the six-month or one-year point (13 Del. Code ¤1103). DFS must show that one of the conditions in the Delaware's Domestic Relations Code (13 Del. Code ¤ 1103) has been met and that it is in the best interest of the children for the parents' rights to be terminated. You can read the law on the Internet at http://www.delcode.state.de.us/ or at your county courthouse resource center. 16. How do I obtain emergency custody? To obtain emergency custody of a child, you must go to Family Court in the county where the child lives and file an emergency dependency/neglect petition (see Forms). You must provide the court with the last known addresses for both parents, even if one parent has not had contact with the child. Staff at Family Court will help you complete the necessary paperwork. 17. What does a grandparent or other relative have to prove to qualify for emergency custody? In order to qualify for emergency custody, the petitioner must show that the child will suffer immediate and permanent harm unless emergency custody is awarded. If the petitioner can show that those conditions exist, the court will award the petitioner ex parte custody. An emergency custody order is only valid for 10 days. 18. What happens once the 10 days of the emergency custody order are over? If Family Court has awarded emergency custody to the petitioner, a Preliminary Protection Hearing will be held within 10 days of the emergency custody ruling. At the Preliminary Protection Hearing, the petitioner and the parents present their cases to the court. At the end of the Preliminary Protection Hearing, the court will decide whether custody should remain with the petitioner or go back to the parents. If Family Court continues custody with the petitioner, an Adjudicatory Hearing (see Chapter 4 Glossary) will be held within 30 days of the Preliminary Protection Hearing. 19. What is the fee to file for emergency custody? There is a $50 filing cost at the time of this publication. If the petitioner has little or no income and cannot afford the filing fee, he or she may file a fee waiver application. 20. Who is involved in the court proceedings? A Deputy Attorney General represents the Division of Family Services (DFS). The DFS worker involved in the case appears at the hearings to inform the attorney what is happening and what DFS believes is best for the child. An attorney from Community Legal Aid Society, Inc. may represent the parents, or Family Court may appoint an attorney to represent them. If the parents have differing positions in the case, each parent may have his or her own attorney. 21. Can the children have their own attorney? Yes. The children can be represented by a guardian ad item. This is an attorney who is appointed to represent the children's interests. If the children are old enough to express an opinion and the children have differing opinions, there may be more than one guardian ad item. 22. How is a guardian ad item appointed? The Division of Family Service, the court, or anyone else who believes that a child needs representation can contact the Office of the Child Advocate at (302) 577-6830. Once the Office of the Child Advocate receives a referral, staff evaluates the case and decides whether they will ask the court to appoint a guardian ad item for the child. The court then signs an order appointing a guardian ad item to the case. Attorneys with the Office of the Child Advocate represent the best interest of the child (see Glossary) in court. Not all children receive a guardian ad item. 23. What is the role of the Court Appointed Special Advocate (CASA)? The best interest of the children is usually expressed to the court through the Court Appointed Special Advocate (CASA). The CASA is a volunteer who, like DFS, investigates the case. The CASA can talk to teachers, doctors, neighbors, relatives, landlords and the children to determine what is in the children's best interest. Throughout the proceedings, the CASA often visits with the children, as well as s with the parents to see how they are trying to improve their situation. An attorney also represents the CASA. 24. Should I, as the relative caregiver, obtain an attorney? The legal system can be complicated and confusing. An attorney can advise you concerning your legal rights and help you understand the legal procedures. ####1 2 3 4 5 6 7 8 9 10 11 12 Chapter Glossary (These terms also appear in the Glossary at the end of this Legal Handbook) Third Party Custody and the Dependency/Neglect Process ####Overview ####1 2 3 4 5 6 7 8 9 10 11 12 Third Party Custody and the Dependency/Neglect Process Filing a Dependency/Neglect Petition Family Court New Castle County 500 King Street Wilmington, DE 19801 (302) 255-0300 Kent County 400 Court Street Dover, DE 19901 (302) 739-6500 Sussex County 22 The Circle Georgetown, DE 19947 (302) 856-5601 ####The Hearing Process ####1 2 3 4 5 6 7 8 9 10 11 12 Third Party Custody and the Dependency/Neglect Process ####The Hearing Process ####1 2 3 4 5 6 7 8 9 10 11 12 Emergency Custody Third Party Custody and the Dependency/Neglect Process ####Legal Representation ####5 Guardianship For Information On: See Question #: Abandonment 3 Best interest of the child (Glossary) 2, 3, 11, 13, 14 Child abuse 3 Child neglect (Glossary) 3, 11, 13 Child support order 16 Deceased parents 9 Department of services for Children, 15 Youth, and their Families (Resources) Failure to care for the child 3 Family Court 2, 8 Foster child 5 Guardian (proposed) 6 Guardianship Ð permanent 1, 2, 3, 5, 11, 12 , 13, 14 Guardianship petition (Forms) 8, 10, 11 Guardianship Ð standard 1, 2, 5, 11, 12 , 13, 14 Legal standing Introduction Legally incompetent parents 3 Relative Caregivers' Medical Introduction Authorization Affidavit (Forms) Relative Caregivers' School Introduction Authorization Affidavit (Forms) Social Study 7, 11 Subsidy (Glossary) 15 Substantial change in material circumstances 2, 14 Suitability of placement 7, 11 Terminating parents' rights 3, 4 Termination of rights to other children 3 #### Introduction If the Division of Family Services has placed a child in your care, you have some important issues to consider. If you believe you will care for the child for quite some time or you don't know where the parents are, you may want to consider applying for guardianship or custody so you can make decisions without delay. You will also have legal standing in the eyes of the court. Keep in mind that, unless you have custody or guardianship, the parents' decisions always have priority. Chapter 5 explains guardianship and how you can seek it within the court system. The information in this section does not contain all you will want to know. For further information and details please contact either the Division of Family Services at (302) 633-5128, or the Community Legal Aid Society at (302) 575-0660 in New Castle County; (302) 674-8500 in Kent County; or in Sussex County at (302) 856-0038. ####1 2 3 4 5 6 7 8 9 10 11 12 The Types of Guardianship 1. What kinds of guardianship are there in Delaware? In Delaware there are two types of guardianship - permanent and standard. Both standard and permanent guardians have the authority to act as the parent for matters such as medical treatment, education, and choice of religion. Permanent guardianship is a little more difficult to obtain, because it is harder for the birth parent to reverse than standard guardianship. 2. What is the advantage of permanent guardianship over standard guardianship? The advantage of permanent guardianship is that the order will not be adjusted or terminated by the court at the request of a birth parent unless there is a "substantial change in material circumstances" on the part of the guardian, and it is in the best interest of the child. A substantial change in material circumstances may be loss of employment, a major change in housing status, serious medical bills, etc. With standard guardianship, the parent can go to Family Court at some point in time and petition to regain custody of the child. However, the birth parent must show that circumstances have changed to the point that it is safe and in the child's best interest if he or she is returned. 3. What circumstances does the court require in order to obtain permanent guardianship? To obtain permanent guardianship, a petitioner must show at least one legal reason for terminating the parents' rights. Examples of legal reasons that many qualify are abandonment, legally incompetent parents, child abuse and/or neglect, failure to care for the child, or termination of rights to other children. The petition must also show that adoption of the child is not possible or likely and that permanent guardianship is in the best interest of the child. The birth parents can agree to appointment of a permanent guardian, or it can be granted by the court. 4. What is the difference between guardianship and adoption? The difference between guardianship and adoption is that with adoption all of the rights of the natural parents are terminated. Once adoption is granted, the birth parent is no longer the parent in the eyes of the law. 5. What is the minimum age requirement for a guardian? In Delaware, an individual over the age of 21 or a husband and wife living together and not legally separated can file for standard guardianship of a child who is not their natural child regardless of the child's age. The child need not be a blood relation. However, for permanent guardianship of a foster child over 12 years of age the potential guardian must be a blood relative or the foster parent. 6. What does the court look for when considering someone to become a guardian? The court looks for the proposed guardian to be physically, emotionally, and financially able to care for the child. 7. Can the child appoint his/her own guardian? A child 14 or older can agree to the appointment of a guardian of his or her choosing, as long as the legal requirements are met. Also, a social study, which is an evaluation of the child, the home, and the suitability of the placement, with a recommendation for or against the guardianship, made by the person or agency conducting the study, is required. 8. How do I file a guardianship petition? A guardianship petition is filed in Family Court (see Forms). At the time of the printing of Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children, the cost for the petition was $50. (You can request a fee waiver.) The petition must contain: ¥ Name and place of residence of the petitioner; ¥ Name, sex, date of birth and place of birth of the child; ¥ Relationship of the petitioner to the child; name and address of mother and father or presumed father, or information concerning efforts to locate the parent(s); ¥ Name and address of an agency that holds parental rights or custody; if the child is 14 or older, an affidavit that the child consents to the guardianship; ¥ A statement from each parent that the child is dependent and/or neglected and the reasons for that situation; or that the proposed guardian is a stepparent; or that the parent consents. 9. What if the parents are deceased? If the parents are deceased, a copy of the death certificates must be attached to the petition. 10. What happens after a petition for guardianship or custody is filed? After the petition is filed, the court will schedule a hearing. 11. How does the court decide whether or not to grant guardianship? #s a social study required? The court will hear testimony from the parties involved, as well as witnesses. The court could order a social study, which is an evaluation of the child, the home and suitability of the placement, with a recommendation for or against the guardianship. The social study is required for permanent guardianship, but not always for standard guardianship. The court will grant the petition for guardianship if it finds by clear and convincing evidence (see Glossary) that the child is dependent and/or neglected (see Glossary) and it is in the best interest of the child. The court will also grant guardianship if the parents provide written consent or if the child is 14 years old or older and consents to the guardianship. During the guardianship hearing, the court will determine whether there should be contact between the child and the parents, and the nature and extent of that contact. 12. When does the order of guardianship end? For either permanent or standard guardianship, the order can only end through a court action, the death of the child or guardian, upon adoption, or when the child reaches the age of 18. 13. Can the guardianship order ever change? Standard guardianship can be changed by the court if the child is no longer dependent and neglected and it is in the best interest of the child to modify the order. Permanent guardianship is more difficult to change than standard guardianship. 14. What if the birth parents want the child back? The parents would need to file a petition for custody with the court. The petition would need to show that the conditions that caused the court to grant standard guardianship no longer exist, and that it is in the best interest of the child to return to the custody of the parents. If the parents seek to end a permanent guardianship arrangement, they must prove that the guardian has undergone a substantial change in material circumstances (see Question 2). 15. What financial support is available for the guardian? If the child was in foster care for at least one year prior to the grant of guardianship, a subsidy (see Glossary) may be available. The Department of Services for Children, Youth and Their Families determines the amount and length of time of the subsidy. This subsidy applies to guardianship only. 16. Can a guardian file for child support? A guardian can file for child support through the Division of Child Support Enforcement (see Forms and Resources). Parents are obligated to pay child support until the child reaches 18 years of age and graduates from high school or turns 19. A child support order can also order the parents to pay for or provide health insurance. Guardianship ####Who Can Obtain Guardianship Filing for Guardianship ####1 2 3 4 5 6 7 8 9 10 11 12 Filing for Guardianship (cont.) Guardianship ####Filing for Guardianship (cont.) Financial Support ####6 Foster Care For Information On: See Question #: Adoption 3 Day care 4 Delaware Help Line (Resources) 4 Department of Services for Children, 2 Youth & their Families (Resources) Division of Family Services (DFS) Introduction, 3, 4 Foster parent Introduction, 1, 2, 4 Guardianship 3 Medicaid card 4 Medicaid office Introduction Permanent guardianship 4 Permanent home Introduction Permanent placement Introduction, 2 Respite 4 Reunification services 3 State Service Center Introduction Stipend 4 Temporary Assistance for Introduction Needy Families (TANF) Division of Family Services web site: http://www.state.de.us/kids ####Introduction Perhaps you are concerned for the welfare of your young relative, but permanent placement in your home is not the best solution. Foster care allows a child who is abused, neglected or dependent and in the custody of the Division of Family Services (DFS) to live with a party other than her parents until she is returned to her parents or until a permanent home can be arranged. You may choose to offer your home and care as a foster parent for a child in the custody of Division of Family Services. Becoming a foster parent is only an option if the child is currently in the custody of DFS. When relatives have custody of a child, they may choose not to become foster parents, but they may seek financial support through Temporary Assistance for Needy Families (TANF). Application may be made at any State Service Center and Medicaid office (see Resources). This chapter discusses the ways in which you can seek to be a foster parent for your related child in Division of Family Services' custody. This section does not cover everything you need to know about foster care. For further information, please contact the Division of Family Services at (302) 633-5128 or 1-800-464-4357. You may also find information on the Division's web site at http://www.state.de.us/kids/foster_home.html. You can also contact the Community Legal Aid Society in New Castle County at (302) 575-0660 or 1-800-292-7980; Kent County at (302) 674-8500 or 1-800-537- 8383; and Sussex County at (302) 856-0038 or 1-800-462-7070. Becoming a Foster Parent 1. How do I become a foster parent? To qualify as a foster parent you must be a Delaware resident, participate in 27 hours of pre-service training with additional training each year, provide personal references, pass a criminal record check, provide information regarding financial means to support the child independent of foster care payments, be in good physical health and complete a home health safety check. 2. What are the advantages/disadvantages of foster care #ver guardianship or adoption? A foster parent cares for the child until a permanent placement can be made. The foster parent, however, has no legal parental rights. The Department of Services for Children, Youth and Their Families is the legal custodian and has authority for decisions regarding most medical care, except in emergency situations and some school services. ####1 2 3 4 5 6 7 8 9 10 11 12 The Birth Parents' Interests 3. What if the birth parents want the child back from foster care? Under most circumstances, the Division of Family Services is required to provide reunification services (bringing parent and child back together) to the parents and child for a period of time. The parents are given a chance to repair the situation that caused the child to enter foster care. The court reviews the parents' progress and determines whether the child should remain in foster care because of the situation at home. The court can also order a change in goal from reunification to adoption or guardianship if the parents are unable to provide a safe home for the child. Foster Care Financial Support 4. What financial support and services are available? The Division of Family Services provides a monthly stipend, Medicaid card and supportive services such as day care and respite to foster parents only as needed. Relative caregivers who are not foster parents (see Question 1) are not eligible to receive this stipend. Foster parents to children with special needs may be eligible for financial support to help them obtain permanent guardianship. For other financial assistance and non-financial supports and information, caregivers can contact the Delaware Help Line (1-800-464-4357). ########7 Adoption For Information On: See Question #: Adoption petition 5 Adoption subsidies 11 Birth parents 10 Child's best interest (Glossary) Introduction, 9 Delaware Code Introduction, 7 Department of Services for Children, Introduction 4, 5, 7, 9 Youth & their Families (Resources) Fee 6 Legal parent 1 Licensed agency 4, 5, 7, 9 Non-relative 3, 5, 7 Permanent 1 Petition for the termination of 4, 6, 7, 8, 9 parental rights Relative 3, 4 Right to inherit 1 Social study (Glossary) 8 Special needs children 11 Temporary Assistance for 11 Needy Families (TANF) Terminate Parental Rights Introduction, 2, 4, 5, 10 ####Introduction If you believe that a child's well-being is best served by staying with you permanently, you may want to consider adoption. The adoption process is a long one. There must be grounds to terminate parental rights, and the termination of parental rights must appear to be in the child's best interest. This chapter discusses the advantages and disadvantages of adoption, as well as the legal processes. This section does not cover everything you need to know about adoption. For further information, please contact the Department of Services for Children, Youth and Their Families at (302) 653-2655 or The Delaware Help line at 1-800- 464-4357. You will find information on the Division's web site at http://www.state.de.us/ kids/adoption.html. You can also contact the Community Legal Aid Society in New Castle County at (302) 575-0660 or 1-800-292-7980; Kent County at (302) 674-8500 or 1-800-537- 8383; and Sussex County at (302) 856-0038 or 1-800-462-7070. More information on the termination of parental rights and adoption can be found in the Delaware Code Annotated Title 13 Chapters 9 and 11. You can access Delaware laws on the Internet at http://www.delcode.state.de.us/. Who Can Adopt 1. What are the advantages of adoption? The advantages of adoption are that adoption is permanent and you become the legal parent of the child. You have all the rights and responsibilities of the parent. The adoptive child is considered the child of the adopting parent, entitled to the same rights and privileges and subject to the same duties and obligations as if she had been born to the adopting parents. The adopted child gets the right to inherit from its adoptive parents, but not from the natural parents. 2. What are the disadvantages of adoption? The disadvantage is that adoption is not an easy process or quick solution. The court understands and gives much thought to this important action. Even if the natural parent consents to terminate his or her rights, it is still a long process. Also, both natural parents must terminate their rights for an adoption to take place, unless it is a stepparent adoption. Children over the age of 14 must give their written consent to the adoption, and it must be submitted to Family Court with the adoption petition. ####1 2 3 4 5 6 7 8 9 10 11 12 4. What is the process for a relative to adopt? A petition to terminate parental rights is filed in Family Court. Only a parent, blood relative, licensed agency or the Department of Services for Children, Youth and their Families can actually file a petition to terminate parental rights. Also, the relative who plans to adopt must have had the child in the household for at least one year, and there must be little chance that the parent will be able to take their parental responsibility in the near future. 5. What is the process for a non-relative to adopt? For a non-relative to adopt, he or she must go through the Department of Services for Children, Youth, and Their Families or a licensed agency to terminate parental rights, and then must file an adoption petition. In effect, the agency will be granted parental rights and then will transfer those rights to the prospective adoptive parent through the adoption petition. 6. What is the fee to file for termination of parental rights? At the time of the publication of Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children, the filing fee for Family Court was $50 for any custody, guardianship, adoption petition, etc. 7. How do I file to terminate parental rights? A petition for the termination of parental rights may be filed by a parent of a child, a blood relative, the Department of Services for Children, Youth and Their Families, or a licensed agency. The petition must contain: ¥ Name and place of residence of the petitioner; ¥ Name, sex, date of birth and place of birth of the child; ¥ Relationship of the petitioner to the child; ¥ Name and address of mother and father or presumed father, or affidavit that mother does not know or is unwilling to disclose the name of the biological father or his whereabouts; ¥ Name and address of the agency or individual that holds parental rights or custody, and information regarding who is caring for the child; ¥ Grounds for termination of parental rights (including, but not limited to abandonment, incompetence, commission of a serious crime, failure to provide for child's physical needs, etc. (see Delaware Code, Title 13, Chapter 11, ¤1103) ( http://www.delcode.state.de.us/ ). ¥ Name and address of the person who wants to adopt; ¥ If parents' whereabouts are unknown, description and documentation of efforts made to locate parents; ¥ Efforts made by the agency to place the child with a relative, if a non- relative wishes to adopt and any other placement efforts made; ¥ A statement that parents have been advised of their rights to file an affidavit regarding contact by the child when the child reaches 21 years old. If the birth parent agrees to terminate or end his or her rights, a written, signed consent is attached to the petition. 8. What happens once the termination of parental rights petition is filed? Upon filing of the termination of parental rights petition, the court will order a social study and report on the petition to be filed in court within four months. The court will schedule a date for the hearing after the report is filed. All parties will be notified of the hearing date. 9. How does the court come to the decision to terminate parental rights? The court will grant the petition for termination of rights after a hearing if it decides by the evidence that the basis for termination has been met and it is in the best interest of the child (see Glossary). The court decides that those parental rights should be transferred to some other person or persons or the Department of Services for Children, Youth, and Their Families or a licensed agency, whichever is best qualified. The court may also grant the termination of parental rights if the parents provide written consent. 10. What if the birth parent(s) want(s) the child back after parental rights#ave been terminated? Once parental rights are terminated, the parent has 30 days in which to appeal the decision in state Supreme Court. Only under very unusual circumstances can a parent take action for return of the child after the appeal period. 3. Can a relative or non-relative adopt? Yes, a relative or non-relative can adopt. The Adoption Process Adoption Termination of Parental Rights ####Termination of Parental Rights (cont.) ####1 2 3 4 5 6 7 8 9 10 11 12 Adoption Financial Support 11. Are there financial support and services available to help with #ay-to-day expenses? For special needs children and for families that qualify, adoption subsidies may be available for those adopting a child out of the foster care system. Also, Temporary Assistance for Needy Families (TANF) benefits may be available for the family. ########8 Education and Health Care Issues For Information On: See Question #: Custody/Guardianship Introduction, 1, 6, 7 Delaware laws 1 Discipline 3 Division of Public Health 9 Division of Services for Aging and Adults with Physical Disabilities (Resources) 5, 9 Division of Social Services (Resources) 9 Local school district office 5 Medical approval for school healthcare 3 Parent, custodian, guardian Introduction, 4, 8 Relative Caregivers' Medical Introduction, 1, 7, 8, 9, 10 Authorization Affidavit (Forms) Relative Caregivers' School Authorization Affidavit (Sample) Introduction, 1, 2, 3, 4, 5, 6, 8 Special education 3 Truancy 3 Division of Services for Aging and Adults with Physical Disabilities web site: http://www.DSAAPD.com/ #### Introduction Caregivers who do not have custody or guardianship of the related child living with them can approve their medical treatment and register them for school with the appropriate affidavit. To approve medical treatment, the caregiver would complete and have notarized a Relative Caregivers' Medical Authorization Affidavit. To register the child for school, the caregiver would complete and have notarized a Relative Caregivers' School Authorization Affidavit (see Forms). If you know the parents' whereabouts, you must have them sign the Relative Caregivers' Medical Authorization Affidavit and the Relative Caregivers' School Authorization Affidavit. A parent, custodian, or guardian may sign the affidavit in those situations where they will not be available to perform their parental responsibilities for a certain period of time. For example, they may not be available to approve medical care or register the child for school if the parent, custodian, or guardian is on military assignment, in jail, or going to be away from home for a prolonged time. Both affidavits need to be updated each year. Relative Caregivers' School Authorization Affidavit 1. How can I register my grandchild, niece, nephew or cousin #or school and approve his/her medical treatment if I do not #ave custody or guardianship? You can register the child in your care for school and approve their medical treatment by completing the Relative Caregivers' School Authorization Affidavit and the Relative Caregivers' Medical Authorization Affidavit. You must be related to the child and caring for him or her in your home. These school and medical affidavits are Delaware laws and must be honored throughout the state. 2. What information does the Relative Caregivers' School #uthorization Affidavit require? The Relative Caregivers' School Authorization Affidavit asks for information about you, the child, and why you are raising the child. You also must show that you are a relative, that you are caregiving, and that you have the child's parent's consent, or that you have tried unsuccessfully to reach the child's parents to inform them of your decision to take on the child's education decisions. 3. What responsibilities do I have if I submit the Relative Caregivers' School Authorization Affidavit and it is approved? By signing the affidavit you agree to be responsible for enrolling the student in school; be the legal contact for the school regarding, but not limited to, truancy and discipline; make school-based decisions, including, but not limited to, those regarding special education; and give medical approval for healthcare administered by the school. 4. Can a parent, custodian, or guardian sign the Relative Caregivers' School Authorization Affidavit and make me responsible for #he child's education decisions? A parent, custodian, or guardian could sign the affidavit if he or she will not be available to make education decisions. Some examples of when this arrangement would be appropriate are if the responsible person was going to be away on a military mission, going to jail, or entering a drug treatment program. 5. Where can I get more information and a copy of the Relative Caregivers' School Authorization Affidavit? The affidavits can be obtained at your local school district office. The staff will help you complete the form and will let you know if it is approved. A sample is included in the Forms section of this handbook. Besides your local school district office, you can find more information on the Division of Services for Aging and Adults with Physical Disabilities web site, www.DSAAPD.com/intergen.html, or call the Division at 1-800-223-9074. 6. How long can a Relative Caregivers' School Authorization Affidavit be in effect? The affidavit can be in effect for up to two years, depending on the school. After that time, caregivers are expected to obtain custody or guardianship if the parent, custodian, or guardian has not taken the responsibility back. 7. What do I have to do to give approval for medical treatment for the child in my care? If you do not have custody or guardianship and are raising a relative's child, you would complete a Relative Caregivers' Medical Authorization Affidavit. 8. Can a parent, custodian, or guardian sign the Relative Caregivers' Medical Authorization Affidavit and make me responsible for making medical decisions for the child? Just as with the Relative Caregivers' School Authorization Affidavit, a parent, custodian, or guardian who will be away for a certain length of time can sign the medical affidavit, giving you permission to make medical decisions. 9. Where can I get more information and a copy of the Relative Caregivers' Medical Authorization Affidavit? A copy of the Caregivers' Medical Authorization Affidavit is included in the Forms section of this handbook. You also can pick up copies at service sites of the Division of Public Health, the Division of Social Services, and the Division of State Service Centers (see Resources). You can find more information on the Division of Services for Aging and Adults with Physical Disabilities web site, www.DSAAPD.com/intergen.html, or call the Division at 1-800-223-9074. 10. How long can the Relative Caregivers' Medical Authorization Affidavit be in effect? The Medical Authorization Affidavit is in effect for one year, after which #t must be renewed. ####1 2 3 4 5 6 7 8 9 10 11 12 Education and Health Care Issues ####Relative Caregivers' Medical Authorization Affidavit ####9 Special Education For Information On: See Question #: Accommodations (parent, caregiver) 16 Administrative complaint regarding IDEA 11 Administrative Manual for 40 Special Education Services Association for the Rights of Citizens 3 with Mental Retardation (ARC/DE) Behavior management plan 5, 19 Behavioral problems 1, 4, 5 Child's rights Introduction, 7, 10, 11, 20 Community Legal Aid Society, Inc. 3 (Resources) Complaint Ð Department of Education 11, 25, 33 Confidentiality 22 Cost 1, 21, 22 Counseling sessions 5 Decision makers 6 Department of Education 11, 25, 26, 27, 28, 31, 33, 40 Director of the Exceptional Children and Early Childhood Group 33 Doctor's diagnosis/evaluation 9, 12 Due process hearing (Glossary) 21, 25 Early Choices, Delaware Early Resources Childhood Center Education plan 14 Educational Surrogate Parent Program Resources Evidence 11, 22, 26, 29, 32 Family Court 32 Family Resource Centers 3 (Family Court/Kent & Sussex) Federal Laws 2. 7. 35 Free appropriate public education (FAPE) 26, 35, 36, 38 Free/low cost legal services 23, 27 Functional behavioral assessment 19 IEP team 15, 18, 19 Individuals with Disabilities Education Act 7, 8, 9, 10, 11, 14, 20, 34, 35, 37, 38 (IDEA) (Glossary) Least restrictive environment 7 Legally enforceable document 18 Letter of Notice 10 Limitation of a major life activity 38 Notice of Procedural Safeguards 10, 26, 27, 40 Parent Information Center (PIC) 3 (Resources) Receiving special education services 9 under IDEA Positive behavioral interventions 19 Re-evaluation 12, 13 Registry of Impartial Hearing Officers 27 Related service 5, 7, 10, 14 Rights of caregivers 29 Resource Guide to the 40 Implementation on Section 504 in Delaware Schools School district special education 20 supervisor/director School responsibilities 7, 10 Secretary of Education 27, 30 Self-Help Centers 3 (Family Court Ð New Castle County) Special education services Introduction, 1, 2, 4, 5, 9, 10, 11, 70 Summary sheet 19 United States Department of Education office 11 of Civil Rights Department of Education web site: http://www.doe.state.de.us/exceptional_child/ececehome.html ########1 2 3 4 5 6 7 8 9 10 11 12 Introduction You may become concerned about the education of the child in your care, especially if there is a disability that keeps him or her from progressing in their learning. Special education services may be available through the State of Delaware. This chapter will explain what is available in the school services system to help your child with their learning problems. It will also give information about your role in your child's educational management and what to do if you feel your child's rights are not being addressed adequately. Overview 1. What is special education? Special education refers to school services provided to meet the needs of children with disabilities. These services are provided at no cost to the parents. Special education is not just for children with mental retardation. Special education services may be provided to children with physical limitations, emotional or behavioral problems, attention deficit disorders, and dyslexia or other learning disabilities that affect their education. 2. What laws govern special education? There are two federal laws that require schools to accommodate and provide special education services to eligible children with disabilities. These are the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act (of 1973) which is generally called "Section 504." These are explained in the sections that follow. 3. Where can a caregiver get some help with dealing #ith special education needs outside of the education system? Caregivers statewide can call the Parent Information Center (PIC) toll-free at 1-888-547-4412. The e-mail address for PIC is picofdel@picofdel.org. Their web site is www.picofdel.org. PIC is a non-profit organization serving children and youths with special needs and their families. The Association for the Rights of Citizens with Mental Retardation (ARC/DE) has a parent mentor program to help caregivers navigate the special education system. For more information contact ARC/DE in New Castle County at (302) 996- 9400; in Kent County at (302) 736-6140; and in Sussex County at (302) 856-6019. Community Legal Aid Society, Inc. may also be able to assist you if you are having problems. The phone number for the New Castle County office is (302) 575- 0660 or 1-800-292-7980; in Kent County, (302) 674-8500 or 1-800- 537-8383; and in Sussex County, (302) 856-0038 or 1-800-462-7070. Special Education ####Eligibility The Self-Help and Family Resource Centers in your county courthouse have detailed listings of the attorneys in Delaware. The lists include their specialties and other useful information. Attorneys who work on special education issues will be listed. 4. The child in my care does well in school but still has problems that keep her from making progress. Could she be eligible for special#ducation services? A child who has the ability to do well academically may still be eligible for special education services. For example, if a child is very intelligent, but her behavior problems or a learning disability prevent her from making progress, she may be eligible for special education services. Or, if a child is physically disabled, she may need special equipment or health services in order to make academic progress; therefore, she may be eligible for special education services. 5. If a child is eligible for special education services, is it required that he be placed in special education classrooms? Being eligible for special education does not necessarily mean that a child will be placed in a special classroom. Special education refers to services that must be provided in the most integrated setting appropriate for the child. Therefore, a child with a learning disability may receive services to help her progress in college preparatory level classes. A child with emotional or behavioral problems may attend regular classes with the help of a behavior management plan and counseling sessions. Many children who qualify for special education spend their days in regular classrooms and just receive help from special education teachers. Some children attend special education classrooms for some or all of the day. Some children attend special schools that only serve special education students. It depends on the severity of the disability and the degree to which it interferes with a child's ability to learn. A child with a speech problem might attend regular classes and also receive speech therapy in a small group or individually- this is called a "related service." Related services are provided in addition to core instruction. Other examples of related services could be summer school, transportation, vocational services, assistive technology, Braille or sign language, and interpreters. 6. Who can make special education decisions for a child? A team of individuals, including the parents, teachers and other qualified professionals, make decisions together about a child who receives special education services. Relative caregivers may help make decisions in place of the parents if: ¥ The court has appointed the grandparent the legal guardian for the child; or ¥ The child lives with the grandparent or other relative and the caregiver is "acting in the place of a parent." ####1 2 3 4 5 6 7 8 9 10 11 12 Special Education Individuals with Disabilities #n Education Act Ñ idea 7. What is the Individuals with Disabilities Education Act (IDEA) #nd what does it provide? IDEA is a federal law that establishes the provision for special education and related aids and services to eligible children ages 3-21 with disabilities. IDEA outlines the child's rights, the school's responsibilities, the requirements for an individualized education plan, information about related services, a complaint process for families to use if they feel their child is not getting an appropriate education, the requirement that children be educated in the "least restrictive environment," and provisions for disciplining children with disabilities. 8. How does the IDEA define a child with a disability? Under IDEA, a "child with a disability" is one who is evaluated as having mental retardation, a hearing impairment, a speech/language impairment, a visual impairment, serious emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, another health impairment, a specific learning disability, deaf-blindness, or multiple disabilities and who, because of his or her disability, needs special education and related services. 9. How do I get special education services for the relative child in my care under IDEA? If you think the child is eligible for special education services under IDEA, you should write a letter to the child's school and ask for an evaluation for special education services. If the school requires a doctor's diagnosis of a condition and the child does not already have such a diagnosis, the school must pay for the doctor's visit. Make sure you sign and date the letter. Keep a photocopy of the letter and any other correspondence with the school. It is reasonable to request a response to your letter within 10 calendar days. If you do not receive a response from the school within that time, it is advisable to follow up with another letter or a phone call. 10. What should I do if the school refuses to evaluate the child? Under the IDEA and 504, the district has a duty to identify, locate, and evaluate all children who have disabilities which require special education and related services. If the school personnel do not see any sign that the child's disability is interfering with learning, they may refuse to evaluate the child for special education services. If the school refused to evaluate the child, a description of the alternatives considered and why they were rejected, a description of the information or data used to support its decision, an explanation of parents' rights to appeal, and sources of support for the parents in understanding the child's rights under the IDEA are provided to the parent in a Letter of Notice from the school. The Letter of Notice must include a Notice of Procedural Safeguards, which describes the appeal process. 11. If I disagree with the school's decision not to evaluate my child what can I do? To appeal the decision not to evaluate the child, the family may ask for an impartial due process hearing (see questions 28 & 29). At that hearing, the family would be given the opportunity to present testimony and evidence that their child has a disability and requires special education services. The district would present evidence and testimony supporting their decision not to evaluate. In addition to filing for a due process hearing, a family may file an administrative complaint with the Delaware Department of Education if they are seeking evaluation related to the IDEA. Or they may file the administrative complaint with the United States Department of Education Office of Civil Rights if they are seeking evaluation related to either the IDEA or Section 504. Administrative complaints trigger an investigation by the responsible agency, which determines if the child's rights have been violated without conducting a hearing. The agency would contact the parents, the school, and any other parties with relevant information during its investigation. 12. The relative child in my care was previously evaluated by her doctor. Does she need to be re-evaluated? If the child has previously been privately assessed, it may be helpful to make copies of these assessments available to the school. The school may decide to have the child re-evaluated in some cases, and such evaluations would be at the school district's expense. 13. How often should schools re-evaluate children who are in special education programs? Generally the school will automatically reassess children who are in special education every three years. If the child is already receiving special education services but a new problem has arisen, you may request additional evaluations or simply ask for an IEP meeting to discuss your concerns with the team and to make changes to the child's education plan. 14. What is an Individualized Education Plan (IEP)? An Individualized Education Plan (IEP) puts in writing the educational plan for a child who is eligible for special education services under IDEA. The IEP contains the annual goals for the child, a statement of what special educational services will be provided and in what setting, descriptions of what "related services" and modifications or support will be provided, and in what extracurricular activities the child will participate. Since the law requires disabled children to be educated with non-disabled children to the maximum extent possible, the IEP will also say how much of the child's education will be with non-disabled children. Children must have an IEP if they qualify for special education services under IDEA. 15. Who develops the Individualized Education Plan (IEP)? The IEP team develops the IEP. The IEP team must include the child's parent (or a person acting in the place of a parent, such as a grandparent with whom the child lives or a guardian), a special education teacher, a regular education teacher, and a school administrator. The child may also be included, and he or she must be invited to the IEP meetings beginning at age 14. You may also request that other people attend the meeting as appropriateÑsuch as a school nurse, a counselor, or an attorney or advocate for the child. These additional people may work for the school, but they can also be people who do not work for the school. 16. Where can I find help to enable me to participate in the child's IEP meetings? If you need accommodations to participate in an IEP meeting (e.g. # language interpreter or special transportation), the school must provide those accommodations upon written request. For more information, you can also visit http://www.doe.state.de.us/exceptional%5Fchild/ frequentlyaskedquestionsiep.html. 17. How often should an IEP be updated? An IEP must be updated at least once a year. However, if you feel the child's IEP is not being implemented or is not working, you have the right to request an additional IEP meeting to adjust the IEP at any time. Make sure you put your request in writing and keep a dated copy for your records. You have the right to written notice at least 10 days prior to any IEP meeting, but you may choose to waive that right in some circumstances when you feel an immediate meeting is warranted. 18. I trust my child's Individualized Education Plan team. Must everything be in writing? You should be aware that the IEP is a legally enforceable document. If you want a service for the child in your care and the team agrees it is appropriate, make sure it gets written in the IEP. Do NOT accept verbal assurances that services will be provided. Not all of the child's teachers will be at the meeting, and they cannot be expected to know what was promised for the child unless it is written in the IEP. 19. What if the child's disability is behavior related? If the child's disability involves difficult or disruptive behavior that keeps her or others from learning, the IEP should include strategies and supports to address that behavior. The behavior plan should be developed by your IEP team with your input. First, a functional behavioral assessment is done. A functional behavioral assessment is gathering information to help determine what behaviors are occurring, when, where and how often. Positive strategies and supports can then be developed by the IEP team and you to address these behaviors and help the child to develop more appropriate behaviors. The IEP should include "positive behavioral interventions"Ña list of steps school personnel will take and caregivers can reinforce at home to help shape the child's behavior in a more positive direction by helping the child to replace negative behaviors with positive behaviors and by rewarding the child for positive behaviors. This plan should be reviewed regularly for effectiveness. The behavior plan should not amount to simply a list of goals for the child to master or behavioral guidelines she must follow. It should not permit the school to send a child home routinely or authorize the school to remove the child from the classroom for long periods of time. You should ask the IEP team to create a one page summary sheet of the most important points in this behavior plan. Make sure the summary is copied and distributed to all school personnel, so that everyone who comes in contact with the child will know what the plan is. 20. What can I do if I disagree with a decision the school makes about #he relative child in my care and special education services, or if I have a complaint? If you disagree with a decision the school has made about special education services for the relative child in your care, have a complaint about those services, or feel the child's rights under the Individuals with Disabilities Education Act (IDEA) have been violated, the first thing you should do is talk with your child's teacher or school administrator. If you still disagree, call your district special education supervisor or director. When you have a concern, this informal conversation often solves the problem and helps to maintain open communication. If you believe that you need to move to a more formal way to solve problems, there are a number of ways available under IDEA: Mediation, impartial due process and the state complaint procedures. 21. What is mediation? Mediation is a process that uses an impartial, trained individual to help the parties work out solutions acceptable to both sides in an informed, non- argumentative manner. Mediation is offered anytime that a due process hearing is requested. Mediation is offered at no cost, but both parents and the school district must agree to try mediation before it can be attempted. 22. What are some of the rules regarding mediation? 1. It is voluntary: You cannot be forced to participate. 2. It cannot be used to deny or delay a caregiver's right #o a due process hearing. 3. It is conducted by a qualified and impartial mediator #ho is trained in effective mediation techniques. 4. The State is responsible for the cost of the mediation process. 5. Each session will be scheduled and held at a location #hat is convenient to the parties to the dispute. 6. Discussions are confidential and may not be used as evidence #n any later due process hearings or civil proceedings. 23. What are some of the responsibilities of the school district? The school district must have a representative with authority to make decisions and commit resources to agreed-upon services present at mediation. The school district must also inform the caregiver of any free or low-cost legal and other relevant services that are available. 24. Is a record of the agreement reached through mediation placed #n the child's school file? Yes. The written mediation agreement becomes part of the child's educational record. 25. What happens if I do not want to use mediation? If mediation has been explained to you and you refuse it, you may proceed with a due process hearing or file a complaint with the Department of Education. 26. What is an impartial due process hearing? The purpose of a due process hearing is to address the identification, evaluation and educational placement of a child or the provision of a free, appropriate education. In Delaware, an impartial due process hearing is before a three-member hearing panel. An attorney may represent you. You may present evidence of your own and confront and cross-examine witnesses testifying against you. You have the right to require witnesses to be present. You will also find it helpful to refer to the "Notice of Procedural Safeguards," which is on the Department of Education's web site at http://www.doe.state.de.us/exceptional_child/ececehome.html. 27. What are some of the rules regarding an impartial due process hearing? 1. A parent, district, or State agency may request a hearing concerning any right or entitlement under Special Education Services. 2. A hearing is started by sending a written request to the Secretary of Education. (Townsend Building, 401 Federal Street, P. O. Box 1402, Dover, Delaware, 19903-1402). The phone number for the Secretary's office is (302) 739-4601. 3. When the Secretary of Education receives a request for a hearing, he or she will appoint a hearing panel consisting of an attorney, an educator knowledgeable in special education, and one person who has shown interest in the education of the disabled from a Registry of Impartial Hearing Officers maintained by the Department of Education. 4. The district or State agency will inform the caregiver of any free or low- cost legal and other relevant services available whenever the caregiver requests the information. Other rules for a due process hearing may be found in your "Notice of Procedural Safeguards," which you will receive from the school district. 28. What information has to be included when writing to the Department of Education to request an impartial due process hearing? 1. The name of the child. 2. The address of the residence of the child. 3. The name of the school the child is attending. 4. A description of the problem of the child and facts relating to the problem. 29. What are the rights of caregivers at a hearing? The caregiver may: 1. Be accompanied and advised by counsel. 2. Present evidence and confront, cross-examine, and compel the attendance of witnesses. 3. Not allow the introduction of any evidence at the hearing that #as not been made known to that party at least 5 business days before the hearing. 4. Obtain a written or electronic, verbatim record of the hearing; and 5. Obtain written or electronic findings of fact and decisions #t no cost to the caregiver. The caregiver may also: 1. Have the child who is the subject of the hearing present. 2. Open the hearing to the public. 30. How long does it take to have a disagreement settled? The secretary of Education guarantees that no later than 45 days after receiving a request for a hearing: 1. The hearing is conducted. 2. A final decision is reached in the hearing. 3. A copy of the decision is mailed to each of the parties. 31. What happens once the due process hearing panel reaches a final decision? When the impartial due process hearing panel reaches a final decision, the chairperson records the vote of each panelist. The chairperson will forward a copy of its final decision to the parties, including the Department of Education. 32. What can I do if I disagree with the decision of the hearing panel? Any party that disagrees with the decision of the hearing panel may file a civil action in the Family Court. You must file the complaint within 30 days of the date of the decision. The court will receive the records of the proceedings, hear additional evidence at the request of a party, and will make a decision. 33. How do I complain about special education services? A caregiver can submit a written complaint regarding special education to the Director of the Exceptional Children and Early Childhood Group at the Department of Education, P. O. Box 1402, Dover, DE 19903. The complaint must be filed within one year of the alleged violation (unless the violation is a continuing one or the complaining party is seeking compensatory services). If the complaint is the subject of a due process hearing, the State must wait until the conclusion of that hearing to hear the complaint. The complaint procedure can be followed with other portions of the complaint that are not being addressed at the due process hearing. 34. What are the State's responsibilities regarding complaints? The State must: 1. Respond to the complaint within 60 days of the complaint being filed. 2. Carry out an independent on-site investigation if necessary. 3. Give the person filing the complaint the chance to send in additional information, either orally or in writing, about the complaint. 4. Review all relevant information and make an independent decision #s to whether the public agency is violating a requirement of the Individuals with Disabilities Education Act (IDEA). 5. Issue a written decision to the complainant that addresses each allegation in the complaint. ¥ The report will include the decision based on fact and conclusions and ¥ The reasons for the final decision. 35. What is the Rehabilitation Act (Section 504)? The Rehabilitation Act, "Section 504," is a federal civil rights law that prohibits schools receiving federal funds from discrimination against a child based on his or her disability. Under this law every child, regardless of disability, is entitled to a "free, appropriate public education." Every child who is entitled to services under IDEA is also protected by Section 504. However, Section 504 covers all children with disabilities, not just those who qualify for special education under the IDEA. 36. What is a Section 504 Plan? The law requires school districts to accommodate the student's disability so that his needs are met as adequately as the needs of non-disabled students. A 504 Plan is a list of accommodations and services that will be provided to a child in order to give him or her the opportunity to receive a "free, appropriate public education." A child who has a disability within the meaning of Section 504 is entitled to receive any special education services the team decides are necessary to achieve this aim. The team consists of people who are knowledgeable about the child, including parents, teachers, and others. 37. The relative child in my care does not qualify for services under the IDEA. Can she be eligible for Section 504 services? If the child does not qualify for special education services under the IDEA, she may still qualify for services under Section 504. 38. Who is entitled to receive services under Section 504? An individual may be entitled to services if he or she meets the definition of an individual with a disability under Section 504. 504 Plans are available to any student who has a physical or mental impairment that greatly limits a major life activity (such as learning, walking, breathing, talking, etc.) or has a record of such an impairment or is considered as having such an impairment. If a child's disability impacts his or her ability to learn, and accommodations under Section 504 are not sufficient to provide him or her with a free, appropriate public education, he or she will likely meet the eligibility criteria for the IDEA. 39. How do I get a 504 Plan for the relative child in my care? If you think the child should receive accommodations under Section 504, you should make a written request asking the school to evaluate your child for eligibility for accommodations under Section 504. Keep a photocopy of all correspondence with the school. If the school refuses to evaluate the child, you can appeal. If the school does the evaluation and finds that the child is not disabled and you disagree, you can appeal that decision too. 40. Where can I get written information about special education, mediation, and the impartial due hearing process? You can request a copy of Notice of Procedural Safeguards, # manual describing your due process rights. You can also #heck the Administrative Manual for Special Education Services #nd the Resource Guide to the Implementation of Section 504 #n Delaware Public Schools. The Delaware Department of #ducation (DOE) publishes these documents. You can call #OE at (302)739-5471 or view them on the DOE web site, http://www.doe.state.de.us/exceptional_child/ececehome.html ####Individuals with Disabilities #n Education Act Ñ idea (cont.) ####1 2 3 4 5 6 7 8 9 10 11 12 Special Education ####Individuals with Disabilities in Education Act Ð IDEA (cont.) ####1 2 3 4 5 6 7 8 9 10 11 12 Special Education Disagreements/Complaints ####Mediation ####1 2 3 4 5 6 7 8 9 10 11 12 Impartial Due Process Special Education ####Impartial Due Process (cont.) ####1 2 3 4 5 6 7 8 9 10 11 12 Special Education State Complaint Procedure ####State Complaint Procedure (cont.) The Rehabilitation Act, Section 504 ####1 2 3 4 5 6 7 8 9 10 11 12 The Rehabilitation Act, Section 504 (cont.) Special Education ####For More Information ####10 Child Support For Information On: See Question #: Customer Service Unit 5. 7 Department of Justice (Resources) 2 Deputies Attorney General 2 Division of Child Support 1,2, 4, 7, 8 Enforcement (Resources) Family Court 2, 3 Federal Office of Child Support Enforcement 6 Good Cause 8 Guardian ad item (Glossary) 3 Legal duty 1 Medicaid 1, 9 Non-custodial parent 4 Rules of Support 5 Social Security 1 Supplemental Security Income 9 Temporary Assistance For 1, 9 Needy Families (TANF) Uniform Interstate Family Support Act 6 Veterans Benefits 1 Wage Attachment 4 ####Introduction If you are caring for a relative's child, you may be entitled to financial support from the child's parents. If the child you are caring for becomes a parent, he or she may be eligible for support from the baby's other parent. This chapter will inform you about Delaware's child support enforcement services. 1. What is "child support"? Every parent has a legal duty to support their child (children). Any caregiver has the right to seek support from the child's parents if support is not voluntarily given. If a parent is unable to pay due to disability, the court may suspend the order or enter only a minimal order. Investigate Social Security or Veterans' Benefits as possible resources if it is appropriate for each child. For information on Social Security benefits, call 1-800-772-1213 or if you are in New Castle County Ð (302) 323-0304; Kent County Ð (302) 674-5162; or Sussex County Ð (302) 856-9620. For information on Veterans' Benefits, call the Delaware Commission of Veterans Affairs in Dover at (302) 739-2792 or 1-800-344- 9900. If you receive public assistance (Temporary Assistance for Needy Families -TANF) or Medicaid benefits for the child, your case will automatically be referred to the Delaware Division of Child Support Enforcement (DCSE). If you do not receive public assistance, you may apply for the Division's assistance by filing an application directly with DCSE. The Division of Child Support Enforcement's services include: ¥ Parent Locate ¥ Paternity Establishment ¥ Order Establishment, Modification and Enforcement ¥ Accounting In some cases, DCSE performs only accounting services, tracking incoming payments and sending them on to the custodian. To obtain these services, there is a $25.00 application fee. The fee can be waived under certain conditions. 2. What are the advantages of seeking support through DCSE? A team of Deputies Attorney General (DAG) from the Department of Justice provides guidance to the Division of Child Support Enforcement (DCSE) in the processing of child support cases. A DAG will also be present at any Family Court hearings at the commissioner's (see Glossary) or judge's level if you are a DCSE client. You also have the option to process your own case through the Family Court or to retain a private attorney. Some caregivers retain the services of a private attorney while also using the Division's services. This is permissible as long as DCSE is informed about any actions taken by your private attorney to avoid any duplication of effort. 3. Can a minor who has a child seek support for his or her own child? Although a minor may seek support, Family Court requires an adult to be involved in the process as well to protect the rights of the minor. The court can appoint a "guardian ad item" (see Glossary) if no adult comes forward to represent the minor. Only the natural or adoptive parents of a child can be held responsible for child support. Minor parents have the right to seek support. However, orders against minors are generally minimal amounts because of the limited earning capacity of most minors. 4. How is child support collected? Most child support payments are collected through wage attachment. The Non- Custodial Parent's (NCP) employer is ordered to deduct the ordered amount from the NCP's wages and send it to the Division of Child Support Enforcement (DCSE). DCSE then sends the appropriate payment to the caregiver. Parents who fail to pay as ordered may be subject to a variety of enforcement solutions such as: ¥ Interception of State/Federal tax refunds ¥ Denial/Suspension of driver's, professional, business or recreational licenses ¥ Liens on personal property ¥ Passport denial Enforcement solutions are applied automatically as cases meet established eligibility criteria. 5. Can a child support order be changed? Orders can be recalculated following significant changes in the circumstances of either party. To request a modification of an existing order, contact the Division of Child Support Enforcement's Customer Service Unit (see Resources) for guidance. Outcomes of modifications are not predictable; an order may increase, decrease or remain the same. Family Court's "Rules of Support," signed by every party responsible for the child, requires parties to keep each other informed of substantial changes in financial circumstances and to exchange financial information every 12 months from the date the support order is entered. 6. What if the birth parent lives in another state? The fact that a parent lives outside of Delaware should not keep you from seeking support. The federal Office of Child Support Enforcement oversees the child support programs in every state. This federal connection supports the processing of cases among all of the states through the Uniform Interstate Family Support Act. States use standardized forms and observe federally established time frames for handling interstate matters. A number of other countries also cooperate in this same manner. 7. How can I get additional information on child support issues? The Division of Child Support Enforcement operates an Automated Assistance Line, through which you can connect to the Customer Service Unit during normal working hours. 8. Must the Division of Child Support Enforcement (DCSE) let every parent who is asked to pay child support know where the child and caregiver live? In some cases, a caregiver child support applicant's address can be kept from the parent who will be paying child support through the Good Cause exception. Some examples of when Good Cause is applicable are when the parent has physically harmed the child in the past, where rape or incest resulted in the conception of the child, and where the mother is considering placing the child for adoption. 9. Does receiving child support have any effect on other benefits I may be receiving? It may. If the child support payment is more than the amount the child receives from TANF (Temporary Assistance for Needy Families), the child will no longer receive money from TANF. Medicaid is not affected unless the child support payment is so much that the child no longer meets the maximum income. If the child is receiving Supplemental Security Income, child support is counted towards financial eligibility like any other income. ####1 2 3 4 5 6 7 8 9 10 11 12 Child Support ####The numbers are: New Castle County (302) 577-7171 Kent County (302) 739-8299 Sussex County (302) 856-5386 ####1 2 3 4 5 6 7 8 9 10 11 12 Child Support ########11 The Family Court For Information On: See Question #: Aftercare (Glossary) 18, 19, 21, 23 Bail hearing 10 Bond order 11, 12 Cash bond (Glossary) 11, 12 Criminal activity 8, 16 Department of Services for Children, 14, 18 Youth and Their Families (Resources) Division of Youth Rehabilitative Services 18, 22 (Resources) Family Court Introduction, 1, 2, 3, 4, 5, 6, 9, 10, 11, 15, 17 Family Court Fees 2 Fee waiver Ð Motion to Proceed 2 In Forma Pauperis Justice of the Peace court 9 Juvenile (Glossary) 8 Juvenile Justice System 6 Office of the Attorney General 13 Preliminary hearings 10 Probation (Glossary) 18, 19, 21, 23 Public Defender 6, 16 Records Unit 3 Resource Centers 4 Secured bond (Glossary) 11, 12 Self-Help Center 4 Superior Court 10 Youth Detention Facilities 18, 20, 21 ####Introduction If you have responsibility for a grandchild and he gets into trouble, you may find that you need to understand the juvenile justice system. Chapter 11 explains the role of Family Court in Delaware and what to do if your grandchild is put in jail. For more detailed information, contact the Family Court in your county. Phone numbers are listed below in question 5. What Family Court Does 1. What issues does Family Court handle? Family Court in Delaware handles issues about who is the father of a child (paternity), child custody and visitation, child support, and protection from domestic violence. 2. Does the Family Court charge fees? Yes, Family Court charges a filing fee for most of the petitions filed. If a person cannot afford to pay the fee, he or she can file a Motion to Proceed In Forma Pauperis, which is an application to have the fee waived. There is no fee for filing a Petition for Order of Protection From Abuse within the Family Court system. 3. Can I see my records at Family Court? Yes, you may view the Family Court records that are about you or the child in your care. Those records are available in the Records Unit at the Family Court. Family Court may charge for photocopies of records. A person is not allowed to see records about other people. 4. What is the court resource center? Family Court buildings have resource centers that have materials written in everyday English to help people learn about and file petitions in Family Court. The resource center in New Castle County is called the Self-Help Center. In Kent and Sussex counties, it is called the Resource Center. The centers are also staffed with court employees who can direct people to the appropriate materials. 5. Where can I find the Family Court? There is a Family Court facility located at the courthouse in each county: The Juvenile Justice System 6. What is the Juvenile Justice System? When a person who is less than 18 years of age is accused of violating the criminal law, that person will enter the Juvenile Justice System. There are four parts to the Juvenile Justice System: ¥ Police ¥ Family Court ¥ Public Defender's office ¥ Division of Youth Rehabilitative Services 7. How many police agencies are in Delaware? In Delaware, there are several police agencies, each with a particular geographic area of responsibility. 8. What is the role of a police officer? The police are responsible for enforcing the law. That means that a police officer will investigate a complaint about criminal activity and arrest a person accused of that activity. When the person arrested is under the age of 18 (a juvenile), that person enters the Juvenile Justice System. ####1 2 3 4 5 6 7 8 9 10 11 12 New Castle Ð 4th and King Streets: (302) 255-0300 Kent County Ð Court Street in Dover: (302) 739-6500 Sussex County Ð on the Circle in Georgetown: (302) 856-5601 The Family Court Delaware's largest police agencies are: The Delaware State Police (302) 739-5871 The New Castle County Police (302) 573-2800 The City of Wilmington Police (302) 654-5151 The City of Newark Police (302) 366-7111 The City of Dover Police (302) 736-7100 ####Your Minor Grandchild is Accused of Committing a Crime 9. How soon after the arrest is the juvenile's custodian notified? Delaware law requires that when a police officer arrests a juvenile, that police officer must immediately notify the juvenile's custodian of the arrest and the reasons for it. If the custodian either refuses to accept the juvenile, cannot be located, or cannot adequately care for the juvenile, the police officer must take the juvenile to Family Court (if it is open) or to a Justice of the Peace court. 10. How does the Family Court handle delinquency cases? If a child who has committed an act which, if committed by an adult would be a crime, he or she is usually considered by Family Court to be "delinquent." Family Court deals with cases of a child's delinquency. Initially the bail hearing and the preliminary hearings are held in Family Court. If the child is accused of committing a very serious offense, for instance, murder, rape, or kidnapping, the child will be treated as an adult and the case handled by the Superior Court. In cases where the child is at least 16 years old, was found guilty of a felony in the past and is accused of another very serious offense, that child may also be treated as an adult and sent to the Superior Court. The rest of this chapter is based on the child being accused of a delinquent act and treated as a juvenile. 11. What happens to the juvenile once arrested? After arrest, the child is presented to Family Court (or if it is after hours, a Justice of the Peace court) so that the court can set bond. In other cases the court may order a parent, custodian, guardian or caregiver to post a cash or secured bond. 12. What are secured and cash bonds? A secured bond is a designated amount of money or security such as a title to property worth at least as much as the ordered bond amount. A cash only bond is payment of a designated amount of money to the court. Both bonds require the signing of a bond order guaranteeing the appearance of the defendant at further court hearings. 13. Who prosecutes juvenile cases? The Office of the Attorney General prosecutes juvenile cases. The Deputy Attorney General works for the Delaware Department of Justice. 14. What is a plea bargain? Before the trial actually takes place, the prosecutor and often a social worker employed by the Department of Services for Children, Youth and Their Families (DSCYF) will discuss with the child and parents, custodian, guardian, or caregiver choices for closing the case without a trial. This process is sometimes called plea bargaining. Plea bargaining involves the child accepting responsibility for his or her actions, but does not always result in a lesser penalty. It is very important that a defense lawyer help the child in this process. 15. Should I hire an attorney? You may hire a defense attorney or you may have an attorney appointed by Family Court. The court considers the child - not the child's caretaker - as the client. Because of this, almost all children are eligible for a public defender if they wish. 16. What is the job of a public defender? The Office of the Public Defender provides defense lawyers to people accused of criminal or delinquent activity who cannot afford to hire a lawyer. The public defender has an office in each county in Delaware. 17. Can the juvenile have a trial by jury? No, the right to a jury trial does not apply in juvenile cases. Even though the child's case is criminal in nature, Family Court treats it as a civil delinquency case. Many of the other rights of criminal defendants apply in delinquency cases. 18. What is the Division of Youth Rehabilitative Services? The Division of Youth Rehabilitative Services (DYRS) is part of the Delaware Department of Services for Children, Youth and Their Families. DYRS operates the youth detention facilities in Delaware. DYRS also operates the probation and aftercare system for juvenile delinquents. For more information, contact DYRS at (302) 633-2620. 19. What are probation and aftercare? Probation is a certain time span when a child must comply with conditions and behaviors prescribed by the court or by a probation officer. Probation is for a limited time, and a violation of a condition may result in incarceration. Aftercare is similar to probation, but follows a period of incarceration. 20. Where are the youth detention facilities in Delaware? 21. When can the court send a child to a youth detention facility? The court may send a child into state custody after arrest but before any trial of delinquency. He or she may be sent to the New Castle County Detention Center or the Stevenson House. If the child is found guilty of the crime for which he or she was arrested, then the court may send the child to a juvenile detention facility, usually the Ferris School, or place him or her on probation. A child placed at the Ferris School will often be required to participate in aftercare when released from the Ferris School. 22. Is it possible for a juvenile to be placed in an out-of-state facility? Yes, in some cases the court will order the Division of Youth Rehabilitative Services to place a child in an out-of-state facility when there is no facility in Delaware that offers the services or treatment that child needs. 23. What happens when a child is placed on probation or aftercare? When a child is placed on probation or aftercare, the parent, custodian, guardian, or caregiver will receive a letter or telephone call from the worker who will be working with the child throughout the period of probation or aftercare. The child must report to the worker at the place and time arranged and must obey any other conditions ordered by the court. The child must report any change of address or telephone number within three days, and must have parental, custodial, guardian or caregiver's permission to be away from home longer than 24 hours. The child must also inform the worker if he or she is charged with any criminal or delinquent offense. ####1 2 3 4 5 6 7 8 9 10 11 12 The Family Court Public Defender Offices: New Castle County (302) 577-5200 Kent County (302) 739-4476 Sussex County (302) 856-5310 ####Detention Centers and Probation Ferris School (Wilmington): (302) 993-3800 New Castle County Detention Center #Wilmington): (302) 633-3150 Stevenson House (Milford): (302) 422-1407 ####1 2 3 4 5 6 7 8 9 10 11 12 The Family Court ########12 Future Planning for You #nd Your Grandchild For Information On: See Question #: Community Legal Aid Society, Inc. 5, 10 (Resources) Custody 1 Financial Affairs 2, 6, 7, 8, 9 Guardian 4, 9 Incompetent 7, 8 Living arrangements 2 Living Wills 3 ####Introduction Whether or not you have the main responsibility for the child you care for, you may want to provide for his or her financial future in the event of your death. If you do have the main responsibility for the child, you want him or her to be protected should you become ill or disabled. This section explains the legal choices you have for planning for the future with the child's interests in mind. Why You Need a Will 1. What is the purpose of a Will? A Will is a document that can explain what should happen to your property and possibly to the child you care for when you die. It also says who should handle your affairs. If you have custody of your grandchild, your Will should say who you want to take custody of the child when you die. Even if you do not have formal, legal custody of the child, it is a good idea to write down your wishes in your Will. 2. Why do I need a Will? If you do not have a Will, state law will determine who gets your property. The child in your care may not be included. By recording your wishes in a Will, you can make sure the child you care for is taken care of financially and in living arrangements. If you do not wish someone to receive your property, your wish will be honored if included in a written Will. 3. What is an Advance Health Care Directive? An Advance Health Care Directive (AHCD) allows you to give instructions about your own health care and to name someone else to make health decisions for you when you lack the ability to make decisions for yourself. An Advance Health Care Directives form is included in the Forms section of Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children: A Legal Resource for People Caring for the Children of a Relative. AHCDs are sometimes referred to as Living Wills. In an Advance Health Care Directive, you can specify if you want: ¥ CPR or not. ¥ To be kept on life-support and/or receive a feeding tube if you become permanently unconscious or have a terminal condition. ¥ To make organ donations and/or donate your body for research. ¥ To receive treatment for pain at all times, even if it will hasten your death. 4. Why do I need an Advance Health Care Directive? If you do not have an Advance Health Care Directive, your family may not be able to agree on your medical treatment. Someone may have to go to court to be appointed your guardian, at your expense.You may be kept alive longer than you wish if you become permanently unconscious and/or are terminally ill. Having an Advance Health Care Directive in place makes it easier for your doctors and your family to understand and follow your wishes. 5. Does an Advance Health Care Directive have to be prepared by an#ttorney? No. An Advance Health Care Directive does not have to be prepared by an attorney; however, an attorney will make sure it meets the legal requirements and contains everything you want and need. The Advance Health Care Directive form does not contain all of the choices permitted under Delaware law. If you want to change the form, you may want to contact a lawyer. If you are disabled or over age 60, it is likely that your local Community Legal Aid Society, Inc. office can prepare one for you at no cost. Contact the Community Legal Aid Society Inc. office in your community for assistance: New Castle County (302) 575-0660, Kent County (302) 674-8500, and Sussex County (302) 856-0038. 6. What is a Power of Attorney? A Power of Attorney is a legal document that gives someone else permission to handle your financial affairs. 7. Why do I need a Power of Attorney? A durable Power of Attorney allows someone else to handle your finances should you become incompetent, that is, unable to make decisions due to your mental or physical condition. You can give this power to one person or two people. You can decide if they have to act together or if each can act on his or her own. You can also pick someone else to handle your finances if your first choice(s) are not able to do so. 8. Must I be incompetent before my Power of Attorney can become effective? No. You can make the Power of Attorney effective immediately, or you can decide that it can only be used when a doctor says you are no longer able to handle your own finances. You can make the Power of Attorney as broad or as limited as you want it to be. For example, the person can have permission to make deposits and withdrawals from your bank accounts, but not be able to change your life insurance policies. 9. Who should I pick to act on my Power of Attorney? Pick someone you trust. If you do not have a Power of Attorney and become unable to handle your finances, a guardian whom you do not know and who does not know your wishes may be appointed. 10. By law, am I required to hire a lawyer to prepare my Power of Attorney? No, you are not required to hire a lawyer to prepare your Power of Attorney. However, an attorney will make sure it meets the legal requirements and contains everything you want and need. If you are disabled or over age 60, it is likely that your local Community Legal Aid Society, Inc. office can prepare one for you. ####1 2 3 4 5 6 7 8 9 10 11 12 Future Planning for You and Your Grandchild ####Power of Attorney ############Glossary Adequate care: A type and degree of personalized attention that will tend to advance a child's physical, mental, moral, emotional and general well-being. Adjudicatory hearing: A Family Court hearing which occurs after a child has been removed from the custody of a parent or guardian on an emergency basis and placed with the Division of Family Services (DFS). Advance Health Care Directive: A document in which a person gives his or her wishes regarding medical treatment in the event of incapacitation. Affidavit: A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation. Aftercare: similar to probation, but follows a period of incarceration. (see Probation)#Allegation: A statement in a lawsuit that a party will attempt to prove. A statement not yet proven. Best interest of the child: The court determines the custody and residential arrangements for a child by focusing upon the child's "best interest." Factors the court considers in determining the child's best interest include, but are not limited to: ¥ wishes of the parent(s) ¥ wishes of the child ¥ relationship of the child with other people living in the household ¥ child's adjustment to the home, school and community ¥ mental and physical health of all individuals involved ¥ past and present compliance of both parents with their rights and responsibilities and ¥ evidence of domestic violence. Cash bond: A cash bond is payment of a designated amount of money to the court. Clear and convincing proof (evidence): Generally, this phrase means proof beyond a reasonable, well-founded doubt. It is proof which should leave no reasonable doubt in the mind concerning the truth of the matters in the case. Commissioner: A Family Court commissioner essentially exercises the duties and powers of a judge in issuing orders and making findings. A judge can overturn commissioners' orders. Contempt of court: A person is in contempt of court when he/she is under the court's authority and disobeys or fails to cooperate with an order of the court, or fails to comply with a responsibility he/she has been given. Delinquent child: A child who has committed an act which, if committed by an adult, would be a crime, is usually considered by the Family Court to be "delinquent." Dependent child: In the context of Family Court, a child whose physical, mental or emotional health and well-being is threatened or harmed because of inadequate care and protection by the child's custodian, who is unable to provide adequate care for the child whether or not caused by the child's behavior. 10 Del. C. ¤901(8) Dispositional hearing: A Family Court hearing held 30 days after the Adjudicatory hearing. At this hearing the judge decides if the placement of the child and the conditions of that placement are appropriate. Ex parte hearing: Hearings in which the court or tribunal hears only one side of the controversy. Guardian ad item: An attorney who is appointed to represent a child's best interests. Referrals to the Office of the Child Advocate for a guardian ad item come from the Division of Family Services, the court, or anyone else who believes that a child needs such representation. Hearsay: A statement made out of court which is offered to prove the truth of the information in the statement. Impartial due process hearing: In the context of special education, the purpose of a due process hearing is to address the identification, evaluation and educational placement of a child for the provision of a free, appropriate education. Incompetent: Not capable of making decisions because of mental or physical condition. Individualized Education Plan (IEP): Puts in writing the educational plan #or a child who is eligible for special education services under IDEA. IDEA: A federal law that establishes the provision for special education and related aids and services to eligible children ages 3 - 21 with disabilities. Juvenile: A person who has not yet reached the age at which he or she should be treated as an adult for purposes of criminal law. Under the federal Juvenile Delinquency Act, a "juvenile" is a person who has not attained his 18th birthday. 18 U.S.C.A. ¤5031 Law citations: 13 Del. Code ¤ 1103 - 13 is the Title of the law in Delaware code (law), ¤ is the subsection of that law where you will find the exact part of the law you need. Neglected child: A child whose physical, mental or emotional health and well- being is threatened or impaired because of inadequate care and protection by the child's custodian, who has the ability and financial means to provide for the care but does not or will not provide adequate care. 10 Del. C. ¤901(11) Petitioner: One who files an action in court. Power of Attorney: A legal document that gives someone else permission to handle one's finances. Probable cause: Reasonable belief that certain facts and circumstances exist. Probation: A certain time span when a child must comply with conditions and behaviors prescribed by the court or by a probation officer. Probation is for a limited time, and a violation of a condition may result in incarceration. Rehabilitation Act, Section 504: a federal civil rights law that prohibits schools receiving federal funds from discrimination against a child based on his or her disability. Respondent: The person against whom an action is filed. Secured Bond: A designated amount of money or security such as a title to property worth at least as much as the ordered bond amount. Section 504: The Rehabilitation Act: A federal civil rights law that prohibits schools receiving federal funds from discrimination against a child based on his or her disability. A 504 Plan is a list of accommodations and services that will be provided to a child in order to give him or her the opportunity to receive a "free, appropriate public education." Social Study: An evaluation of a child, the home and the suitability of the placement, with a recommendation for or against a petition for guardianship. Subsidy: A grant of money made by government for the benefit to the public. ####1 2 3 4 5 6 7 8 9 10 11 12 Glossary ####Glossary ####1 2 3 4 5 6 7 8 9 10 11 12 Resources Phone Number List HOTLINES Domestic Violence Hotline Child, Inc., New Castle County: (302) 762Ð6110 The Domestic Violence Hotline provides 24-hour crisis intervention counseling services and related services for victims of domestic violence. The Hotline accesses shelters and may place families in one or two shelters for battered women in New Castle County. Shelter locations are protected. Delaware Help Line, Inc. 1-800-464-4357 www.delawarehelpline.org Delaware Help line, Inc. (a United Way Agency) is a statewide, toll-free telephone information and referral service that provides Delawareans with information to over 2,200 health and human service programs. Delaware Health and Social Services and the Department of Administrative Services sponsor this program to coordinate and improve state government information and to assist people who are in crisis or facing a problem in accessing needed community services. CONTACT Crisis Hotline 1-800-262-9800 CONTACT is a help line providing suicide prevention, counseling, crisis intervention, and information and referral to persons in crisis or stress situation. Child Abuse and Neglect Hotline 1-800-292-9582 Department of Services for Children, Youth and Their Families The Child Abuse and/or Neglect Report Line is a 24-hour hotline operated by the State Division of Family Services. Any Delawarean who knows or suspects that a child is being neglected or abused sexually or physically must, under Delaware law, report the case to the Division of Family Services. Anonymous calls will be accepted. GOVERNMENT PROGRAMS Adult Protective Services Delaware Health and Social Services Division of Services for Aging and Adults with Physical Disabilities New Castle County: (302) 453-3820 Kent County & Sussex County: (302) 422Ð1386 www.DSAAPD.com 1-800-223-9074 Adult Protective Services provides assistance to infirmed disabled adults (18 years or older) who are impaired in their ability to provide adequately for their own care or custody and are subject to physical or psychological injury, neglect, exploitation, or abandonment. Violent Crimes Compensation Board State of Delaware New Castle County: (302) 995-8383 Kent County and Sussex County: 1-800-464-4357 The Board financially assists crime victims who sustain physical and emotional injury as a result of a violent act in Delaware regardless of residency. Covers medical and mental health care expenses, wage loss, some out-of pocket expenses and loss of support as well as funeral and burial costs for which the victim would not receive reimbursement from any other source. Victims must use any insurance program/ policy available to cover expenses. Educational Surrogate Parent Programs State of Delaware New Castle County: (302) 577Ð3545 The Educational Surrogate Program (ESP) provides trained volunteers to represent the interests of special education children in state custody whose parents are not available. The ESP program has authority to act on the child's behalf in all decision making processes concerning the child's educational placement and services. The program also provides early intervention services for children ages birth to three who have some type of developmental disability. CARE Delaware Delaware Health and Social Services Division of Services for Aging and Adults with Physical Disabilities New Castle County: (302) 453-3820 Kent County and Sussex County: (302) 424-7310 All DSAAPD offices can be contacted at: 1-800-223-9074 E-mail: DSAAPDinfo@state.de.us www.DSAAPD.com/caregive.html CARE Delaware: Caregiver Assistance Ð Respite Ð Education is a program which conducts various support activities for caregivers who are caring for seniors who are 60 + years of age. CARE Delaware offers Caregiver Information, Needs Assessment, and Care Planning. In this program experienced DSAAPD employees will assess caregivers' needs, assist caregivers in gaining access to services and care planning and also conduct outreach in the community. Statewide Caregiver Resource Centers, which are libraries for videos, books, pamphlets and other resources on caregiving are also available. CARE Delaware also offers respite programs such as the Grand Time Off childcare program and the Summer and Holiday Camp Respite program for grandparents and other relatives who are raising other relatives' children. Division of Social Services (DSS) Delaware Health and Social Services New Castle County: (302) 255-9500 www.state.de.us/dhss/dss/index.html This is the administrative office for the Division of Social Services (DSS). Programs include the Kinship Care Program; Temporary Aid for Needy Families; Subsidized Child Care; Employment & Training Program; Medical services including Medicaid; Delaware Healthy Children Program; Long-Term Care Medicaid; Medicaid Waiver Services Ð Elderly and Disabled, AIDS, Mental Retardation; Disabled Children's Program; and Qualified Medicare Beneficiary Program. Division of Child Support Enforcement Delaware Health and Social Services New Castle County: (302) 577-7171 Kent County: (302) 739-8299 Sussex County: (302) 856-5386 www.state.de.us/dhss/dcse/index.html Provides help in obtaining, modifying and enforcing child support orders, wage attachments, federal and state tax intercept programs, collection and disbursement of support payments, paternity testing and absent parent location. This office is required to report all cases in which the criteria for sexual predator's law are met. Division of Services for Aging and Adults with Physical Disabilities (DSAAPD) Delaware Health and Social Services New Castle County: (302) 453-3820 Kent County and Sussex County: (302) 424-7310 Administration Offices in New Castle County: (302) 255-9390 All DSAAPD offices can be contacted at: 1-800-223-9074 E-mail: DSAAPDinfo@state.de.us www.DSAAPD.com The Division of Services for Aging and Adults with Physical Disabilities (DSAAPD) provides a broad range of programs and services in Delaware. Some of these programs and services are operated directly by DSAAPD staff. Others are funded through this agency and operated under contract by outside organizations. The following is a listing of the services and programs operated or funded by DSAAPD: Adult Day Services, Adult Foster Care, Adult Life Skills, Adult Protective Services, Alzheimer's Day Treatment, Alzheimer's Respite, Assisted Living, Assistive Devices, Attendant Services, and Case Management. Community Living Respite, Congregate Meals, Delaware Medicare Fraud Alert, Delaware Money Management Program, Eldercare in the Workplace, Emergency Response System, Hispanic Outreach, Home Delivered Meals, Home Modification, Housekeeping, Information and Assistance, and Joining Generations. Legal Services, Long Term Care Ombudsman program, Medicaid Waiver for the Elderly and Disabled, Medical Transportation, Personal Care, Respite Care, and the Senior Community Service Employment Program. Joining Generations Family Circles 1-800-223-9074 Grand Time Off (302) 479-5101 Camp Respite Local YMCA or Boys & Girls Club Joining Generations administers the Family Circles support and education program for grand relatives raising other relatives' children; the Grand Time Off childcare respite program, which is operated by The Family & Workplace Connection; and the Camp Respite program, which is operated by the YMCA and Boys & Girls Clubs during the summer and school holidays. Call the nearest organization for more information. ÊJoining Generations also provided the initiative and support for this "Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children". Department of Services for Children, Youth and Their Families (DSCYF) New Castle County: (302) 633-2655 Kent County and Sussex County: 1-800-464-4357 www.state.de.us/kids The Department of Services for Children, Youth and Their Families serves abused, neglected, dependent, delinquent, mentally ill or emotionally disturbed children, youth and their families. The Division includes the following programs: Child Mental Health (302) 633-2600, Management Support Services (302) 633-2510, Family Services (302) 633-2650, and Youth Rehabilitative Services (302) 633-2620. COURTS Family Court State of Delaware New Castle County: (302) 255-0300 Kent County: (302) 739-6500 Sussex County: (302) 856-5601 Toll-Free Report Line: (800) 292-9582 www.courts.state.de.us/family/index.html Family Court holds jurasdiction on all juvenile (under 18 years of age) and family matters, including junenille delinquency, misdemeanors committed against juveniles, divorce and annulment, property division, alimony, enforcement of separation agreements, child custody and visitations, termination of parental rights, adoption, nonsupport of dependents, paternity, child abuse, neglect, and dependency and intra-family crimes. State of Delaware, Public Defender New Castle County: (302) 577-5222 Kent County: (302) 739-4476 Sussex County: (302) 856-5310 www.state.de.us/pubdefen/index.html The Public Defender's Office is charged with representing individuals accused of crimes in criminal matters where the individual cannot afford private counsel. Office of the Attorney General Department of Justice New Castle County: (302) 577-8400 Kent County: (302) 739-7641 Sussex County: (302) 856-5353 www.state.de.us/attgen/index.html The Attorney General is head of the Department of Justice, which represents all of the legal interests for the State and its various officers and agencies. The Civil Division provides legal representation to the State and its agencies and officers. The Criminal Division prosecutes individuals accused of committing crimes in Delaware. The Fraud Division operates the Office of Consumer Affairs and also prosecutes persons accused of violating the securities and Medicaid laws in the State of Delaware. Court Appointed Special Advocates (CASA) New Castle County: (302) 255-0461 Kent County: (302) 739-6553 Sussex County: (302) 856-5315 CASA volunteers are court appointed special advocates for children. Volunteers are trained and appointed by a judge to speak to abused and neglected children in court. CASAs conduct independent investigations and provide reports/recommendations to the Court on behalf of the child. CASAs are represented by attorneys in Court and are supervised by program staff. Stevenson House Kent County and Sussex County: (302) 424-8100 Stevenson House is a juvenile detention center for juveniles awaiting trial in Kent and Sussex Counties. Stevenson House is run by the Division of Youth Rehabilitation Services, Department of Services for Children, Youth and Their Families. New Castle County Detention Center New Castle County: (302) 633-3150 This facility is a juvenile detention center for juveniles awaiting trial in New Castle County. It is run by the Division of Youth Rehabilitation Services, Department of Services for Children, Youth and Their Families. Ferris School for Boys New Castle County: (302) 993-3800 Ferris School provides a 6 to 9 month total learning environment that provides comprehensive program services in a safe, secure environment for Family Court committed youth. The Ferris School is run by the Division of Youth Rehabilitation Services, Department of Services for Children, Youth and Their Families. Division of Youth Rehabilitative Services (DYRS) Department of Services for Children, Youth and Their Families New Castle County: (302) 633-2620 www.state.de.us/kids/yrshome.html DYRS administers State Correctional services for juveniles under the age of 18, and secure and open treatment services for incarcerated youth. State of Delaware, Office of the Child Advocate New Castle County: (302) 577-6830 The Office of the Child Advocate is an independent office which monitors child protection efforts statewide. One goal of the program is to make legal resources available to represent the best interests of all neglected or abused children in the state of Delaware. Family Visitation Centers Hudson State Service Center Child, Inc. New Castle County: (302) 451-2825 Georgetown State Service Center People's Place II, Inc. Sussex County: (302) 424-2420 Family Visitation Center - Dover People's Place II, Inc. Kent County: (302) 242-2420 Family Visitation Center - Milford People's Place II, Inc. Kent County: (302) 242-2420 Family Visitation Centers were created to help address custody and visitation issues in families with a history of abuse. Visitation Centers provide two essential services depending on family history: Supervised exchange of children for off-site visitation and monitored on-site visitation for children who have experienced domestic violence or sexual abuse. LEGAL SERVICES Community Legal Aid Society, Inc. (CLASI) New Castle County: (302) 575-0660 Kent County: (302) 674-8500 Sussex County: (302) 856-0038 www.declasi.org Community Legal Aid Society, Inc. provides civil legal services to people with low incomes who cannot afford an attorney, people sixty years of age and over, and individuals with disabilities. Cases include: Family (cases involving the State), housing and public benefits. Legal services include advice, representation and community education. Disabilities Law Program Community Legal Aid Society, Inc. New Castle County: (302) 575-0690 Kent County: (302) 674-8500 Sussex County: (302) 856-0038 The Disabilities Law Program (DLP) protects the right of people with physical and mental disabilities. DLP provides counsel and advice, negotiation and representation in administrative and court proceedings, and individual and systems advocacy. Elder Law Program Community Legal Aid Society, Inc. New Castle County: (302) 575-0660 Kent County: (302) 674-8500 Sussex County: (302) 856-4112 Delaware Volunteer Legal Services, Inc. (DVLS) New Castle County: (302) 478-8680 Kent County and Sussex County: 1-800-773-0606 www.dvls.org Delaware Volunteer Legal Services, Inc. provides assistance on civil legal matters to individuals below the poverty level. These services are provided at no cost. They handle wills, guardianships, powers of attorney, protection from abuse, custody, visitation, and some consumer matters and bankruptcy overflow from Legal Services Corporation of Delaware. Legal Services does not accept criminal matter or fee-generating cases. Legal Help Link Delaware Volunteer Legal Services New Castle County: (302) 478-8850 Kent County and Sussex County: 1-800-773-0606 Legal Help Link works in conjunction with Delaware Volunteer Legal Services, Widener University School of Law, Community Legal Aid Society, Inc. and Legal Services Corporation of Delaware. Legal Help Link was set up as a centralized intake system that enables prospective clients to make one phone call to determine if they have a case that is handled by one of the four legal services organizations and whether the callers are eligible for client services. Legal Services Corporation of Delaware (LSCD) New Castle County: (302) 575-0408 Kent County and Sussex County: (302) 734-8820 www.lscd.com LSCD represents low-income people in routine civil matters, primarily bankruptcy proceedings, landlord-tenant, consumer issues and unemployment compensation. The program does not generally handle Family law cases, criminal cases or fee- generating cases such as personal injury lawsuits. EDUCATION Delaware Early Childhood Center, Early Choices New Castle County: (302) 323-5370 Kent County: (302) 739-4707 Sussex County: (302) 856-5909 Early Choices is an early childhood development special education program for three year old children with mild developmental delays and three and four year old children with speech delays. Children are provided early childhood special education and related services within their community. Services available include: referral, screenings, multidisciplinary assessment, early childhood special education, and related services such as speech therapy and behavior management. Services are available at no cost to parents. Parent Information Center of Delaware (PIC/DE) Toll Free: 888-547-4412 www.picofdel.org PIC/DE is Delaware's only federally funded mandated Parent Training and Information Center. It has staff and services in all three counties to help families who have questions and concerns about their child's disabilities or special needs and/or about their child's provision for education and related services. Family-School partners are available to assist families and professionals in understanding laws and regulations to secure appropriate services. POLICE Delaware State Police New Castle County: (302) 739-5871 Kent County and Sussex County: (302) 856-5717 The New Castle County Police (302) 573-2800 The City of Wilmington Police (302) 654-5151 The City of Newark Police (302) 366-7111 The City of Dover Police (302) 736-7100 ADVOCACY AGENCIES Elderly Crime Victim Service Delaware Center for Justice New Castle County: (302) 658Ð7174 The Elderly Crime Victim Service provides specialized assistance for New Castle County citizens over 50 who are victims of any type of crime. Services include home visits, medical and court accompaniment, assistance with Violent Crimes Compensation Forms, supportive counseling and follow-up, referrals to victim assistance network, and referrals to established senior support systems. Delaware Centers, People's Place II Kent County and Sussex County: (302) 422Ð8026 www.peoplesplace2.com The People's Place II Counseling Centers, located in Dover and Milford, provide services to children and adults through individual, group, family and play therapy. Special services are available for substance abuse, gambling addictions, veterans, parent-child conflict, etc. In addition, medication management and psychological assessments are available. National Alliance for the Mentally Ill in Delaware (NAMI-DE) New Castle County: (302) 427-0787 Kent County: (302) 734-2603 Sussex County: (302) 226-3334 The Alliance advocates for better services for those affected by chronic mental illness. The Alliance offers a supportive atmosphere for families of the mentally ill. The public is welcome to attend the free, statewide meetings. They also sponsor support groups, allowing family members to share feelings, information and effective coping skills and mutual support. ARC Advocacy Program New Castle County: (302) 996-9400 Kent County: (302) 736-6140 Sussex County: (302) 856-6019 The ARC of Delaware offers case advocacy services, information and referral, technical assistance with basic needs, and an audio-visual library for individuals with mental retardation. A Family Trust Program assists parents wishing to establish a specialized trust for their children who have mental retardation. Resources Phone Number List ####Resources Phone Number List (cont.) ####1 2 3 4 5 6 7 8 9 10 11 12 Resources Phone Number List ####Resources Phone Number List (cont.) ####1 2 3 4 5 6 7 8 9 10 11 12 Resources Phone Number List ####Resources Phone Number List (cont.) ####1 2 3 4 5 6 7 8 9 10 11 12 Resources Phone Number List ####Resources Phone Number List (cont.) ####1 2 3 4 5 6 7 8 9 10 11 12 Resources Phone Number List ####Resources Phone Number List (cont.) ####1 2 3 4 5 6 7 8 9 10 11 12 Latin American Community Center New Castle County: (302) 655-7338 The Latin American Community Center Social Services Program provides intake, short term case management, counseling, and advocacy for limited English- speaking clients to access services. The Dupont Grandparent Resource Center Wilmington Senior Center New Castle County: (302) 651Ð3420 www.wilmingtonseniorcenter.org The Resource Center provides information and referral, case management, support group, education, and computer training for grandparents and other caregivers who are taking care of others' children. The Family Circles program is a discussion and education group for grandparents and relatives raising another's children meets weekly. Childcare is provided. Participants recommend topics of concern and interest to them. Children and Families First New Castle County: (302) 658-8013 Kent County and Sussex County: (302) 422-8013 Children and Families First (C&FF) provides care for children referred through the Division of Family services including those with specialized medical needs such as AIDS, and those who test HIV positive. The goal is to prevent inappropriate institutionalization. C&FF also, sustains and support foster parents caring for these children. C&FF offers voluntary foster care, short term care for newborn infants when parents are undecided about placing him or her with a relative, choosing adoption or caring for the child themselves. Index Resources Phone Number List ########1 2 3 4 5 6 7 8 9 10 11 12 Filing a Petition Forms Used in Family Court and Referenced in This Document I. Advance Health Care Directive II. Caregivers' Medical Authorization Affidavit III. Caregivers' School Authorization Affidavit (Sample) IV. Dependency/Neglect Petition for Custody V. Petition Ð Rule to Show Cause VI. Petition for Support VII. Petition for Order of Protection from Abuse VIII. Petition for Visitation For access to these forms, please contact DSAAPD at 1-800-223-9074. 1 2 3 4 5 6 7 8 9 10 11 12 Index A abuse 13 proving abuse 19 adequate care 27 Adjudicatory Hearing 29, 32 administrative complaint 59 Administrative Manual for Special Education Services 69 adoption 36, 45 Advance Health Care Directive 85, 86 aftercare 81, 82 anonymous calls 13 approve their medical treatment 35 Association for the Rights of Citizens with Mental Retardation 56 B behavior management plan 57 behavior plan 61 behavior problems 57 best interest of the child 9, 28, 33, 38, 39, 45, 48 birth parents 27 bond 79 cash 79 secured 79 C Caregivers' Medical Authorization Affidavit 53 change (substantial) in material circumstances 36, 39 child support 39, 71 clear and convincing evidence 38 commissioners 11 Community Legal Aid Society 5, 33, 35, 41, 45, 56, 86, 87 complaint 63 contempt of court 11 counseling sessions 57 Court Appointed Special Advocate (CASA) 33 court-ordered support 22 CPR 85 criminal misdemeanor 22 custody 27, 52 emergency 27, 32 temporary 27 D Delaware Help line 45 Delaware Volunteer Legal Services, Inc 5 delinquency 79 Department of Justice 72 Department of Services for Children Youth and Their Families 45, 46, 48, 80 dependency/neglect petition 28 Deputy Attorney General 33, 72, 79 Director of the Exceptional Children and Early Childhood Group 66 Dispositional Hearing 29, 31 Division of Child Support Enforcement 39, 71, 73 Division of Family Services 13, 14, 35 response time 14 Division of Public Health 53 Division of Services for Aging and Adults with Physical Disabilities 6 Division of Social Services 53 Division of State Service Centers 53 Division of Youth Rehabilitative Services 81 due process hearing (impartial) 59, 63, 64, 66 final decision 66 E emergency custody 32 order 21 Emergency Dependency/Neglect Petition 32 ex-parte order 21 F Family Court 18, 28, 77, 79 Family Court have resource centers 10 Family Court locations 10 Family Resource Centers 57 fee waiver 37 fee waiver application 10, 32 feeding tube 85 Ferris School 81 final decision 66 financial support 39, 42, 71 finding of abuse 21 first-hand evidence 29 foster care 15, 31, 39, 41, 42 foster home 14 foster parent 41 free, appropriate public education 67, 68 functional behavioral assessment 62 G Good Cause exception 74 guardian ad item 33, 72 guardianship 36, 52 permanent 36 standard 36 guns 20 H hearing panel 64 hearsay evidence 29 I IEP 60, 61 meeting 61 team 60 immediate and permanent harm 32 incarceration 81 incompetent 86, 87 Individualized Education Plan (IEP) 60 Individuals with Disabilities Education Act 56, 58 Intake Unit 18 interests of the child 48 J joint natural custody 27 judges 11 Justice of the Peace 79 Juvenile Justice System 78 L learning disability 57 least restrictive environment 58 Legal Help Link 5 Legal Services Corporation of Delaware, Inc 5 legal standing 35 legally enforceable document 61 Letter of Notice 59 Living Wills 85 M mediation 10, 63 mediator 63 Medicaid 71, 74 Minor parents 72 Motion to Proceed In Forma Pauperis 77 N neglect of a child 13 New Castle County Detention Center 81 Non-Custodial Parent 72 Notice of Procedural Safeguards 59, 64, 69 O Office of the Attorney General 79 Office of the Child Advocate 33 organ donations 86 out-of-state facility 82 P Parent Information Center 56 Paternity Establishment 71 Permanency Planning Committee 31 permanent guardianship 36 advantage 36 committee 31 placement 41 Petition for a Rule to Show Cause 11 Petition for Order of Protection From Abuse 17, 18, 77 physically disabled 57 plea bargain 80 police agencies 78 police officer 78 positive behavioral interventions 62 Power of Attorney 86 Preliminary Protection Hearing 29, 32 probation 81, 82 Protection From Abuse order 17 public defender 80 Public Defender Offices 80 R Records Unit 77 register the child for school 35 Registry of Impartial Hearing Officers 64 Rehabilitation Act (Section 504) 67 related services 57, 58, 60 Relative Caregivers' Medical Authorization Affidavit 51 Relative Caregivers' School Authorization Affidavit 51 relief 20 Report Line 13 Resource Center (Family Court) 77 Resource Guide to the Implementation of Section 504 in Delaware Public Schools 69 reunification 31 reunification services 42 Review Hearings 30 Rule to Show Cause 11 Rules of Support 73 S School district duties 59 school district office 52 Section 504 of the Rehabilitation Act (of 1973) 56 Section 504 Plan 56, 68 Self-Help Resource Centers 10, 57, 77 sliding-scale 11 Social Security 71 social study 37, 38, 47 Special education 56 special education classrooms 57 special education decisions 58 special needs children 48 standing 9 Stevenson House 81 Substantial change in material substance 36, 39 subsidies 48 Superior Court 79 Supplemental Security Income 74 T Temporary Assistance for Needy Families 41, 48, 71, 74 temporary emergency order 21 temporary possession 20 Termination of Parental Rights 31, 36, 45, 46, 48 third party 25, 27 trial by jury 80 U Uniform Interstate Family Support Act 73 United States Department of Education Office of Civil Rights 59 V Veterans Benefits 71 Visitation Centers 11 visitation petition 9 W wage attachment 72 Will 85 Y youth detention facilities 81 Index ########Index D Delaware Help line 45 Delaware Volunteer Legal Services, Inc 5 delinquency 79 Department of Justice 72 Department of Services for Children Youth and Their Families 45, 46, 48, 80 dependency/neglect petition 28 Deputy Attorney General 33, 72, 79 Director of the Exceptional Children and Early Childhood Group 66 Dispositional Hearing 29, 31 Division of Child Support Enforcement 39, 71, 73 Division of Family Services 13, 14, 35 response time 14 Division of Public Health 53 Division of Services for Aging and Adults with Physical Disabilities 6 Division of Social Services 53 Division of State Service Centers 53 Division of Youth Rehabilitative Services 81 due process hearing (impartial) 59, 63, 64, 66 final decision 66 E emergency custody 32 order 21 Emergency Dependency/Neglect Petition 32 ex-parte order 21 F Family Court 18, 28, 77, 79 Family Court have resource centers 10 Family Court locations 10 Family Resource Centers 57 fee waiver 37 fee waiver application 10, 32 feeding tube 85 Ferris School 81 final decision 66 financial support 39, 42, 71 finding of abuse 21 first-hand evidence 29 foster care 15, 31, 39, 41, 42 foster home 14 foster parent 41 free, appropriate public education 67, 68 functional behavioral assessment 62 G Good Cause exception 74 guardian ad item 33, 72 guardianship 36, 52 permanent 36 standard 36 guns 20 H hearing panel 64 hearsay evidence 29 I IEP 60, 61 meeting 61 team 60 immediate and permanent harm 32 incarceration 81 incompetent 86, 87 Individualized Education Plan (IEP) 60 Individuals with Disabilities Education Act 56, 58 Intake Unit 18 interests of the child 48 J joint natural custody 27 judges 11 Justice of the Peace 79 Juvenile Justice System 78 L learning disability 57 least restrictive environment 58 Legal Help Link 5 Legal Services Corporation of Delaware, Inc 5 legal standing 35 legally enforceable document 61 Letter of Notice 59 Living Wills 85 M mediation 10, 63 mediator 63 Medicaid 71, 74 Minor parents 72 Motion to Proceed In Forma Pauperis 77 N neglect of a child 13 New Castle County Detention Center 81 Non-Custodial Parent 72 Notice of Procedural Safeguards 59, 64, 69 O Office of the Attorney General 79 Office of the Child Advocate 33 organ donations 86 out-of-state facility 82 P Parent Information Center 56 Paternity Establishment 71 Permanency Planning Committee 31 permanent guardianship 36 advantage 36 committee 31 placement 41 Petition for a Rule to Show Cause 11 Petition for Order of Protection From Abuse 17, 18, 77 physically disabled 57 plea bargain 80 police agencies 78 police officer 78 positive behavioral interventions 62 Power of Attorney 86 Preliminary Protection Hearing 29, 32 probation 81, 82 Protection From Abuse order 17 public defender 80 Public Defender Offices 80 R Records Unit 77 register the child for school 35 Registry of Impartial Hearing Officers 64 Rehabilitation Act (Section 504) 67 related services 57, 58, 60 Relative Caregivers' Medical Authorization Affidavit 51 Relative Caregivers' School Authorization Affidavit 51 relief 20 Report Line 13 Resource Center (Family Court) 77 Resource Guide to the Implementation of Section 504 in Delaware Public Schools 69 reunification 31 reunification services 42 Review Hearings 30 Rule to Show Cause 11 Rules of Support 73 S School district duties 59 school district office 52 Section 504 of the Rehabilitation Act (of 1973) 56 Section 504 Plan 56, 68 Self-Help Resource Centers 10, 57, 77 sliding-scale 11 Social Security 71 social study 37, 38, 47 Special education 56 special education classrooms 57 special education decisions 58 special needs children 48 standing 9 Stevenson House 81 Substantial change in material substance 36, 39 subsidies 48 Superior Court 79 Supplemental Security Income 74 T Temporary Assistance for Needy Families 41, 48, 71, 74 temporary emergency order 21 temporary possession 20 Termination of Parental Rights 31, 36, 45, 46, 48 third party 25, 27 trial by jury 80 U Uniform Interstate Family Support Act 73 United States Department of Education Office of Civil Rights 59 V Veterans Benefits 71 Visitation Centers 11 visitation petition 9 W wage attachment 72 Will 85 Y youth detention facilities 81 ########1 2 3 4 5 6 7 8 9 10 11 12 foster home 14 foster parent 41 free, appropriate public education 67, 68 functional behavioral assessment 62 G Good Cause exception 74 guardian ad item 33, 72 guardianship 36, 52 permanent 36 standard 36 guns 20 H hearing panel 64 hearsay evidence 29 I IEP 60, 61 meeting 61 team 60 immediate and permanent harm 32 incarceration 81 incompetent 86, 87 Individualized Education Plan (IEP) 60 Individuals with Disabilities Education Act 56, 58 Intake Unit 18 interests of the child 48 J joint natural custody 27 judges 11 Justice of the Peace 79 Juvenile Justice System 78 L learning disability 57 least restrictive environment 58 Legal Help Link 5 Legal Services Corporation of Delaware, Inc 5 legal standing 35 legally enforceable document 61 Letter of Notice 59 Living Wills 85 M mediation 10, 63 mediator 63 Medicaid 71, 74 Minor parents 72 Motion to Proceed In Forma Pauperis 77 N neglect of a child 13 New Castle County Detention Center 81 Non-Custodial Parent 72 Notice of Procedural Safeguards 59, 64, 69 O Office of the Attorney General 79 Office of the Child Advocate 33 organ donations 86 out-of-state facility 82 P Parent Information Center 56 Paternity Establishment 71 Permanency Planning Committee 31 permanent guardianship 36 advantage 36 committee 31 placement 41 Petition for a Rule to Show Cause 11 Petition for Order of Protection From Abuse 17, 18, 77 physically disabled 57 plea bargain 80 police agencies 78 police officer 78 positive behavioral interventions 62 Power of Attorney 86 Preliminary Protection Hearing 29, 32 probation 81, 82 Protection From Abuse order 17 public defender 80 Public Defender Offices 80 R Records Unit 77 register the child for school 35 Registry of Impartial Hearing Officers 64 Rehabilitation Act (Section 504) 67 related services 57, 58, 60 Relative Caregivers' Medical Authorization Affidavit 51 Relative Caregivers' School Authorization Affidavit 51 relief 20 Report Line 13 Resource Center (Family Court) 77 Resource Guide to the Implementation of Section 504 in Delaware Public Schools 69 reunification 31 reunification services 42 Review Hearings 30 Rule to Show Cause 11 Rules of Support 73 S School district duties 59 school district office 52 Section 504 of the Rehabilitation Act (of 1973) 56 Section 504 Plan 56, 68 Self-Help Resource Centers 10, 57, 77 sliding-scale 11 Social Security 71 social study 37, 38, 47 Special education 56 special education classrooms 57 special education decisions 58 special needs children 48 standing 9 Stevenson House 81 Substantial change in material substance 36, 39 subsidies 48 Superior Court 79 Supplemental Security Income 74 T Temporary Assistance for Needy Families 41, 48, 71, 74 temporary emergency order 21 temporary possession 20 Termination of Parental Rights 31, 36, 45, 46, 48 third party 25, 27 trial by jury 80 U Uniform Interstate Family Support Act 73 United States Department of Education Office of Civil Rights 59 V Veterans Benefits 71 Visitation Centers 11 visitation petition 9 W wage attachment 72 Will 85 Y youth detention facilities 81 Index ####Index legal standing 35 legally enforceable document 61 Letter of Notice 59 Living Wills 85 M mediation 10, 63 mediator 63 Medicaid 71, 74 Minor parents 72 Motion to Proceed In Forma Pauperis 77 N neglect of a child 13 New Castle County Detention Center 81 Non-Custodial Parent 72 Notice of Procedural Safeguards 59, 64, 69 O Office of the Attorney General 79 Office of the Child Advocate 33 organ donations 86 out-of-state facility 82 P Parent Information Center 56 Paternity Establishment 71 Permanency Planning Committee 31 permanent guardianship 36 advantage 36 committee 31 placement 41 Petition for a Rule to Show Cause 11 Petition for Order of Protection From Abuse 17, 18, 77 physically disabled 57 plea bargain 80 police agencies 78 police officer 78 positive behavioral interventions 62 Power of Attorney 86 Preliminary Protection Hearing 29, 32 probation 81, 82 Protection From Abuse order 17 public defender 80 Public Defender Offices 80 R Records Unit 77 register the child for school 35 Registry of Impartial Hearing Officers 64 Rehabilitation Act (Section 504) 67 related services 57, 58, 60 Relative Caregivers' Medical Authorization Affidavit 51 Relative Caregivers' School Authorization Affidavit 51 relief 20 Report Line 13 Resource Center (Family Court) 77 Resource Guide to the Implementation of Section 504 in Delaware Public Schools 69 reunification 31 reunification services 42 Review Hearings 30 Rule to Show Cause 11 Rules of Support 73 S School district duties 59 school district office 52 Section 504 of the Rehabilitation Act (of 1973) 56 Section 504 Plan 56, 68 Self-Help Resource Centers 10, 57, 77 sliding-scale 11 Social Security 71 social study 37, 38, 47 Special education 56 special education classrooms 57 special education decisions 58 special needs children 48 standing 9 Stevenson House 81 Substantial change in material substance 36, 39 subsidies 48 Superior Court 79 Supplemental Security Income 74 T Temporary Assistance for Needy Families 41, 48, 71, 74 temporary emergency order 21 temporary possession 20 Termination of Parental Rights 31, 36, 45, 46, 48 third party 25, 27 trial by jury 80 U Uniform Interstate Family Support Act 73 United States Department of Education Office of Civil Rights 59 V Veterans Benefits 71 Visitation Centers 11 visitation petition 9 W wage attachment 72 Will 85 Y youth detention facilities 81 ####1 2 3 4 5 6 7 8 9 10 11 12 Protection From Abuse order 17 public defender 80 Public Defender Offices 80 R Records Unit 77 register the child for school 35 Registry of Impartial Hearing Officers 64 Rehabilitation Act (Section 504) 67 related services 57, 58, 60 Relative Caregivers' Medical Authorization Affidavit 51 Relative Caregivers' School Authorization Affidavit 51 relief 20 Report Line 13 Resource Center (Family Court) 77 Resource Guide to the Implementation of Section 504 in Delaware Public Schools 69 reunification 31 reunification services 42 Review Hearings 30 Rule to Show Cause 11 Rules of Support 73 S School district duties 59 school district office 52 Section 504 of the Rehabilitation Act (of 1973) 56 Section 504 Plan 56, 68 Self-Help Resource Centers 10, 57, 77 sliding-scale 11 Social Security 71 social study 37, 38, 47 Special education 56 special education classrooms 57 special education decisions 58 special needs children 48 standing 9 Stevenson House 81 Substantial change in material substance 36, 39 subsidies 48 Superior Court 79 Supplemental Security Income 74 T Temporary Assistance for Needy Families 41, 48, 71, 74 temporary emergency order 21 temporary possession 20 Termination of Parental Rights 31, 36, 45, 46, 48 third party 25, 27 trial by jury 80 U Uniform Interstate Family Support Act 73 United States Department of Education Office of Civil Rights 59 V Veterans Benefits 71 Visitation Centers 11 visitation petition 9 W wage attachment 72 Will 85 Y youth detention facilities 81 Index ####Index subsidies 48 Superior Court 79 Supplemental Security Income 74 T Temporary Assistance for Needy Families 41, 48, 71, 74 temporary emergency order 21 temporary possession 20 Termination of Parental Rights 31, 36, 45, 46, 48 third party 25, 27 trial by jury 80 U Uniform Interstate Family Support Act 73 United States Department of Education Office of Civil Rights 59 V Veterans Benefits 71 Visitation Centers 11 visitation petition 9 W wage attachment 72 Will 85 Y youth detention facilities 81 ####DELAWARE HEALTH AND SOCIAL SERVICES Division of Services for Aging and #dults with Physical Disabilities Joining Generations 1-800-223-9074 Delaware's Legal Handbook for Grandparents & Other Relatives Raising Children A Legal Resource for People Caring for the Children of a Relative Delaware's Legal Handbook for Grandparents Raising Children: A Legal Resource for People Caring for the Children of a Relative #s published by: Delaware Health and Social Services Division of Services for Aging and Adults With Physical Disabilities 1901 N. Du Pont Highway New Castle, Delaware 19720 Telephone: (800) 223-9074 Please contact (302) 255-9390 with revisions. Information appearing in this publication shall not be construed as legal counsel from the State of Delaware, the DHSS Division of Services for Aging and Adults With Physical Disabilities, its employees or the Community Legal Aid Society of Delaware, Inc. STATEMENT OF POLICY Pursuant to Title VI of the Federal Civil Rights Act of 1964, the Division of Services for Aging and Adults with Physical Disabilities is prohibited from discrimination because of race, religion, sex, age, national origin, or physical disability against any applicant for services. This publication is available in microfiche from the Bureau of Archives and Records, Hall of Records, P. O. Box 1401, Dover, Delaware 19903. Published April, 2006 Second Edition Document Control Number: 35-14-01-03-04-05 ####Notes###