HB417: An Act To Amend Titles 10, 13, 16 And 29 Of The Delaware Code Relating To Enforcement Of Family Court Custody Orders.

Legislative Summary

In cases where the Family Court finds that there are sufficient grounds to order the removal of a child from their home and the Family Court orders custody of the child to the Division of Family Service (DFS), DFS often partners with law enforcement to enforce the order. There have been rare cases where a parent or legal guardian refuses to respond to DFS and law enforcements attempts to enforce the order to take custody of the child, resulting in uncertainty and a heightened concern for the childs safety. Currently, it is unclear under the Delaware Code whether law enforcement is authorized to enter private property to enforce a Family Court custody order, even after all other avenues and strategies have been exhausted by DFS and law enforcement.