HB 417 DE

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Became Law

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 enforcement’s attempts to enforce the order to take custody of the child, resulting in uncertainty and a heightened concern for the child’s 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. The Act clarifies that a law enforcement officer has the authority to enter private property to enforce a Family Court custody order. It also specifies that in private (non-DFS) custody cases, law enforcement has the authority to enter private property to take custody of a child when the Family Court custody order requests the assistance of law enforcement. The Act does not require that law enforcement enter private property to take custody of a child.

• Krista Griffith Democratic · primary
• Kyle Evans Gay · primary

1. May 10, 2022 Introduced and Assigned to Judiciary Committee in House · lower
2. May 17, 2022 Reported Out of Committee (Judiciary) in House with 4 Favorable, 4 On Its Merits · lower
3. Jun 7, 2022 Passed By House. Votes: 37 YES 4 ABSENT · lower
4. Jun 7, 2022 Assigned to Judiciary Committee in Senate · upper
5. Jun 22, 2022 Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits · upper
6. Jun 29, 2022 Passed By Senate. Votes: 20 YES 1 NO · upper
7. Oct 14, 2022 Signed by Governor · executive