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Delaware Laws | Title 10 Courts and Judicial Procedures
CHAPTER 9. THE FAMILY COURT OF THE STATE OF DELAWARE
Subchapter III. Procedure

(b) All records concerning any child shall be made available to the Superior Court and the Department of Services for Children, Youth and Their Families, and whenever a child is arrested, convicted or acquitted for a crime classified by Title 11 as a felony, or a class A misdemeanor for juveniles ages 13 through 17, the Clerk of the Family Court, or any state or local police authority, shall release the name and address of the child and the name of the child's parents upon request by a responsible representative of public information media. (1949)

(10 Del. C. 1953, Sec. 972; 58 Del. Laws, c. 114, Sec. 1; 59 Del. Laws, c. 77, Sec. 1; 64 Del. Laws, c. 108, Sec. 20; 69 Del. Laws, c. 335, Sec. 1; 70 Del. Laws, c. 23, Sec. 1.) (1950)

Sec. 1064. Merger; effect on Judges; employees; cases; records; prior offenses. (1951)(Text)

(a) Effective September 7, 1971, the Family Court of the State in and for New Castle County and the Family Court for Kent and Sussex Counties are merged into one Family Court and shall not thereafter function as separate Courts. (1952)

(b) All employees of the Family Courts at the time of the merger are employees of the merged court, without diminution of rank, position, authority, or compensation by reason of enactment of this chapter. (1953)

(c) Any case within the jurisdiction of the Family Court previously adjudicated in any court active at the time of the merger was transferred to and continued in the merged court, and the records therein are the records of the merged court, which shall carry out such orders as were previously made in the case. (1954)

(d) No offense committed and no penalty or judgment incurred under the provisions of any law existing prior to the merger shall be affected by this chapter. (1955)

(10 Del. C. 1953, Sec. 973; 58 Del. Laws, c. 114, Sec. 1; 69 Del. Laws, c. 335, Sec. 1.) (1956)

Sec. 1065. Obtaining personal jurisdiction. (1957)(Text)

(a) Jurisdiction shall be acquired over a party in any civil action by transmitting to the party a copy of the summons and the petition or complaint (the papers) by any of the following methods: (1958)

(1) By personal service; or (1959)

(2) By leaving a copy at the party's dwelling house or usual place of abode with some person of suitable age and discretion residing there; or (1960)

(3) By any form of mail; or (1961)

(4) In the manner prescribed by court rule; or (1962)

(5) In the manner directed by the Court, including publication, if other methods of service have failed or are deemed to have been inadequate. (1963)

(b) If a party to whom papers have been transmitted by ordinary mail shall fail to appear in the action and there shall be no reliable proof that such party has received notice thereof, then the Court shall order that further effort be made to provide notice to that party which may include notice by certified or registered mail, or by any other method for providing notice specified in subsection (a) above. (1964)

(c) Jurisdiction shall be acquired over a minor by any of the above methods directed to the minor and to the minor's parent, custodian or guardian. (1965)

(d) If, for any particular action, another statute or rule adopted pursuant to statute prescribes a method or methods for acquiring jurisdiction over a party, then jurisdiction shall be acquired thereby. (1966)

(e) It is not necessary to transmit papers or otherwise provide notice to a party who has entered an appearance in the action. (1967)

(63 Del. Laws, c. 113, Sec. 1; 69 Del. Laws, c. 335, Sec. 1.) (1968)

Sec. 1066. Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement. (1969)(Text)

The Court, in the exercise of its criminal jurisdiction or in any delinquency proceeding against a child, may issue subpoenas and other warrants into any county in the State for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the Rules of the Court. (1970)

(73 Del. Laws, c. 130, Sec. 3.) (1971)

(a) In any case wherein an adjudication has been entered upon the status of a child under 18 years of age and 3 years have elapsed since the date thereof and no subsequent adjudication has been entered against such child, the child or the parent or guardian may present a duly verified petition to the Court setting forth all the facts in the matter and praying for the relief provided for in this section; provided, however, that in any case wherein an adjudication has been entered upon the status of a child under 18 years of age and such child intends to enlist in any branch of the armed forces of the United States, the child may at any time after the date of such adjudication present a duly verified petition to the Court setting forth all the facts in the matter including an intention to enlist documented in writing by the applicable military authority in said armed forces and praying for the relief provided in this section, and provided further that pursuant to the provisions and subject to the limitations hereinafter provided for in this section, an order directing an expunging from the records of all evidence of such adjudication upon the status of any such child and the destruction of all indicia of arrest including fingerprints and photographs may be granted. (1972)

(b) Where a child under 18 years of age has been charged with an act of delinquency, and; (1973)

(1) The charges have been nolle prosequied, dismissed or dropped, or (1974)

(2) The charges have been disposed of through arbitration or otherwise without an adjudication of delinquency, (1975)

the person so charged or a representative of such person on the person's behalf may file a petition with the Court setting forth all the relevant facts in the matter and requesting expungement of all indicia of arrest and all applicable police and court records relating to the charge. The Court, in the best interest of both the child and the State, may grant or refuse to grant the relief requested in the petition. However, the court shall grant petitions filed by the Attorney General or his or her designee pursuant to the last paragraph of this subsection. (1976)

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