Delaware 2025-2026 Regular Session

Delaware Senate Bill SB79

Introduced
3/25/25  
Introduced
5/13/25  
Refer
3/25/25  
Refer
5/13/25  

Caption

An Act To Amend Title 13 Of The Delaware Code Relating To Termination Of Parental Rights And Adoption Proceedings.

Impact

If enacted, SB79 will have significant implications for state law concerning the rights of relatives attempting to adopt children placed in their guardianship by the Department of Services for Children, Youth and Their Families. The bill introduces specific criteria that must be met to qualify for free legal counsel, including the necessity that the petioner is a relative, holds guardianship, and is deemed indigent by the Family Court. This provision is intended to enhance access to legal resources for those who may lack sufficient means to fund such services independently.

Summary

Senate Bill 79 is a legislative proposal that seeks to amend Title 13 of the Delaware Code, specifically concerning termination of parental rights and adoption proceedings. The bill aims to create a statutory right to free legal counsel for certain relatives (such as guardians) who are pursuing the termination of parental rights for children in their custody. This right to counsel is applicable throughout the entirety of the termination proceedings, including any potential appeals, which is designed to assist relatives navigating the often complex legal landscape of adoption and custody.

Sentiment

The sentiment around SB79 appears to lean positively, particularly among advocates for children's rights and organizations that promote the welfare of families. Proponents argue that this measure is essential for ensuring that relatives seeking to adopt are provided with adequate legal representation, which can foster better outcomes for children in foster care. However, there could also be voices of concern regarding the budgetary implications of providing free legal counsel, especially in the context of state-funded services.

Contention

One notable point of contention regarding SB79 is the indigency requirement established for accessing free legal counsel. While designed to target aid to those in need, there may be debates surrounding how this requirement is assessed and its potential barriers to service. Furthermore, the bill stipulates that the underlying petition for guardianship must be filed on or after July 1, 2026, which could raise questions about the timeline for implementation and the preparation of related legal frameworks.

Companion Bills

No companion bills found.

Previously Filed As

DE SB37

An Act To Amend Title 13 Of The Delaware Code Relating To Free Legal Counsel For Relatives Of Certain Children In Adoption Proceedings.

DE SB65

An Act To Amend Title 7 Of The Delaware Code Relating To Terminating The Regional Greenhouse Gas Initiative And Co2 Emission Trading Program.

DE HB22

An Act To Amend Title 21 And Title 24 Of The Delaware Code Relating To Constables.

DE HB203

An Act To Amend Title 14 Of The Delaware Code Relating To The Equity And Inclusion In Financial Literacy For All High School Students In Delaware Act.

DE HB92

An Act To Amend Title 7 Of The Delaware Code Relating To Environmental Control By Repealing The Delaware Advanced Clean Car Program Under Regulation 1140 Of Title 7 Of The Delaware Administrative Code And Adopting The Delaware Low Emission Vehicle Program.

DE HB80

An Act To Amend Title 26 Of The Delaware Code Relating To Renewable Energy Portfolio Standards.

DE HB186

An Act To Amend Title 30 Of The Delaware Code Relating To Business Tax Credits And Deductions For Electricity Production.

DE HB46

An Act To Amend Title 24 Of The Delaware Code Relating To Parental Consent For Minors Seeking An Abortion.

DE SB38

An Act To Amend Title 16 Of The Delaware Code Relating To Retired Law-enforcement Animals.

DE SB142

An Act To Amend Title 11 And Title 14 Of The Delaware Code Relating To Sexual Extortion.

Similar Bills

CA AB479

Criminal procedure: vacatur relief.

CA AB633

Human trafficking: vacatur relief for victims.

CA AB938

An act to amend Sections 236.

DE SB282

An Act To Amend Title 10 Of The Delaware Code Relating To Wrongful Conviction Compensation And Services.

CA SB1242

Community Assistance, Recovery, and Empowerment (CARE) Court Program.

CA AB1084

Change of name and gender and sex identifier.

FL H0485

Petitions for Injunction for Protection Against Domestic Violence Containing Allegations of Marriage Fraud

CA SB59

Change of name or gender and sex identifier.