SPONSOR: Rep. Lynn & Sen. Hoffner HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO. 216 AN ACT TO AMEND TITLES 10, 13, 16 AND 29 OF THE DELAWARE CODE RELATING TO ENFORCEMENT OF FAMILY COURT CUSTODY ORDERS.
SPONSOR: Rep. Lynn & Sen. Hoffner
SPONSOR: Rep. Lynn & Sen. Hoffner
SPONSOR:
Rep. Lynn & Sen. Hoffner
HOUSE OF REPRESENTATIVES
152nd GENERAL ASSEMBLY
HOUSE BILL NO. 216
AN ACT TO AMEND TITLES 10, 13, 16 AND 29 OF THE DELAWARE CODE RELATING TO ENFORCEMENT OF FAMILY COURT CUSTODY ORDERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 925, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 925. General jurisdiction. The Court and each Judge shall have authority to: (15) In any civil action where jurisdiction is otherwise conferred upon the Family Court, it may enter such orders against any party to the action as the principles of equity appear to require. When a Family Court order, excluding stipulations, relates to the awarding of custody, a police officer has the authority to shall enter private property to enforce such order when such order requests requires the assistance of a police officer. Section 2. Amend 1031, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 1031. Disposition. In any civil action within the jurisdiction of this Court and upon the petition of a person properly before it, the Court may: (1) Award the custody or possession of a child to any party to the action, establish visitation rights, and, in a proper case, order payment of support for the child. A police officer may shall enter private property to take physical custody of a child to enforce the Courts custody order when such order requests requires the assistance of a police officer; Section 3. Amend 727, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 727. Custody. (e) A police officer may shall enter private property to take physical custody of a child to enforce the Courts custody order when such order requests requires the assistance of a police officer. Section 4. Amend 2512A, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 2512A. Enforcement of DSCYF custody order. A law-enforcement officer may shall enter private property to take physical custody of a child for the purpose of enforcing a court order granting DSCYF custody of the child when such order requests requires the assistance of a law-enforcement officer. Section 5. Amend 906, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 906. State response to reports of abuse or neglect. (d) In implementing law-enforcements role in the child protection system, the law-enforcement agency investigating a report of child abuse or neglect shall do all of the following: (9) Have the authority to enter Enter private property to take physical custody of a child for the purpose of enforcing a Family Court order awarding custody of the child to the Department. Law enforcement shall have this authority even if not investigating a report of child abuse or neglect of the child. Section 6. Amend 9016, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 9016. Appointment of special investigators; powers and duties. (c) Special investigators under this section shall have the authority to take custody of a child pursuant to an order from the Family Court or in conjunction with the law-enforcement agency charged with jurisdiction over the case. Special investigators may enter private property while taking custody of a child under this section. To the extent possible, special investigators under this section shall consult with the police agency of jurisdiction and the Secretary or Secretarys designee before making an arrest and shall do so in all cases after making any such arrest.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 925, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
925. General jurisdiction.
The Court and each Judge shall have authority to:
(15) In any civil action where jurisdiction is otherwise conferred upon the Family Court, it may enter such orders against any party to the action as the principles of equity appear to require. When a Family Court order, excluding stipulations, relates to the awarding of custody, a police officer has the authority to shall enter private property to enforce such order when such order requests requires the assistance of a police officer.
Section 2. Amend 1031, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
1031. Disposition.
In any civil action within the jurisdiction of this Court and upon the petition of a person properly before it, the Court may:
(1) Award the custody or possession of a child to any party to the action, establish visitation rights, and, in a proper case, order payment of support for the child. A police officer may shall enter private property to take physical custody of a child to enforce the Courts custody order when such order requests requires the assistance of a police officer;
Section 3. Amend 727, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
727. Custody.
(e) A police officer may shall enter private property to take physical custody of a child to enforce the Courts custody order when such order requests requires the assistance of a police officer.
Section 4. Amend 2512A, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
2512A. Enforcement of DSCYF custody order.
A law-enforcement officer may shall enter private property to take physical custody of a child for the purpose of enforcing a court order granting DSCYF custody of the child when such order requests requires the assistance of a law-enforcement officer.
Section 5. Amend 906, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
906. State response to reports of abuse or neglect.
(d) In implementing law-enforcements role in the child protection system, the law-enforcement agency investigating a report of child abuse or neglect shall do all of the following:
(9) Have the authority to enter Enter private property to take physical custody of a child for the purpose of enforcing a Family Court order awarding custody of the child to the Department. Law enforcement shall have this authority even if not investigating a report of child abuse or neglect of the child.
Section 6. Amend 9016, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
9016. Appointment of special investigators; powers and duties.
(c) Special investigators under this section shall have the authority to take custody of a child pursuant to an order from the Family Court or in conjunction with the law-enforcement agency charged with jurisdiction over the case. Special investigators may enter private property while taking custody of a child under this section. To the extent possible, special investigators under this section shall consult with the police agency of jurisdiction and the Secretary or Secretarys designee before making an arrest and shall do so in all cases after making any such arrest.
SYNOPSIS This Act requires police officers to enter private property to enforce custody orders when a court order requires them to do so.
SYNOPSIS
This Act requires police officers to enter private property to enforce custody orders when a court order requires them to do so.