Chapter 9

§ 901 Definitions. For the purpose of this chapter, unless the context indicates differently: (1) “Abuse” or “abused child” means that a person: a. Causes or inflicts sexual abuse on a child; or b. Has care, custody or control of a child, and causes or inflicts: 1. Physical injury through unjustified force as defined in § 468 of Title 11; 2. Emotional abuse; 3. Torture; 4. Exploitation; or 5. Maltreatment or mistreatment. (2) “Adult” means a person who has reached that person’s eighteenth birthday. (3) “Care, custody and control” or “those responsible for care, custody and control” shall mean a person or persons in a position of trust, authority, supervision or control over a child. It may include: a. A parent, guardian, or custodian; b. Other members of the child’s family or household, meaning persons living together permanently or temporarily without regard to whether they are related to each other and without regard to the length of time or continuity of such residence, and it may include persons who previously lived in the household such as paramours of a member of the child’s household; c. Any person who, regardless of whether a member of the child’s household, is defined as family or relatives in this section or as an adult individual defined in § 351 [repealed] of Title 31; d. Persons temporarily responsible for the child’s well-being or care such as a health-care provider, aide, teacher, instructor, coach, sitter, day care or child care provider, or any other person having regular direct contact with children through affiliation with a school, church, or religious institution, health-care facility, athletic or charitable organization or any other organization whether such a person is compensated or acting as a volunteer; or e. Any person who has assumed control of or responsibility for the child. For the purpose of investigation of child abuse, dependency or neglect, the Department of Services for Children and Their Families (DSCYF) may investigate any allegation of child abuse, dependency or neglect committed by persons identified herein, but shall only be responsible for the investigation of intrafamilial and institutional child abuse, dependency or neglect. Where the DSCYF is not responsible for the investigation of such child abuse or neglect, it shall immediately refer such report to the appropriate police authorities or child protective services agencies within or without the State. (4) “Child” means a person who has not reached that person’s eighteenth birthday. (5) “Court” means the Family Court of the State of Delaware, and “court” refers to other courts of the State. (6) “Custodian” means any person who is charged by law with or who has assumed responsibility for a child’s care. (7) “Delinquent child” means a child who commits an act which if committed by an adult would constitute a crime. (8) “Dependency” or “dependent child” means that a person: a. Is responsible for the care, custody, or control of the child; and b. Does not have the ability or financial means to provide for the care of the child; and 1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health care, medical care or other care necessary for the child’s emotional, physical or mental health, or safety and general well-being; or 2. The child is living in the home of an “adult individual” who fails to meet the definition of “relative” in this section on an extended basis without an assessment by DSCYF, or an agency licensed by the Department of Education, Office of Child Care Licensing; or 3. The child has been placed with a licensed agency which certifies it cannot complete a suitable adoption plan. In making a finding of dependency under this section, consideration may be given to dependency, neglect, or abuse history of any party. (9) “DSCYF” or “Department” means the Department of Services for Children, Youth and Their Families. (10) “Emotional abuse” means threats to inflict undue physical or emotional harm, and/or chronic or recurring incidents of ridiculing, demeaning, making derogatory remarks or cursing. (11) “Exploitation” means taking advantage of a child for unlawful or unjustifiable personal or sexual gain. (12) “Family” means spouses; a couple cohabitating in a home in which there is a child of either or both; custodian and child; or any group of persons related by blood or marriage who are residing in 1 home under 1 head or where 1 is related to the other by any of the following degrees of relationship: a. Parent. b. Parent-in-law. c. Sibling. d. Sibling-in-law. e. Child. f. Child-in-law. g. Grandparent. h. Grandchild. i. Stepparent. j. Stepchild. The relationships referred to in this definition include blood relationships without regard to legitimacy and relationships by adoption. (13) “Institutional child abuse or neglect” means child abuse or neglect which has occurred to a child in the DSCYF’s custody or occurred in a facility, center, or home that is operated or contracted by the DSCYF, or licensed by the Department of Education, Office of Child Care Licensing. (14) “Intrafamilial child abuse or neglect” is any child abuse or neglect committed by: a. A parent, guardian, or custodian; b. Other members of the child’s family or household, meaning persons living together permanently or temporarily without regard to whether they are related to each other and without regard to the length of time or continuity of such residence, and it may include persons who previously lived in the household such as paramours of a member of the child’s household; c. Any person who, regardless of whether a member of the child’s household, is defined as family or a relative in this section or as an adult individual as defined in § 351 [repealed] of Title 31. (15) “Law” means the common law and statutes of this State, the laws of any subdivision thereof, and regulations promulgated by a governmental agency having the force and effect of law. (16) “Mistreatment” or “maltreatment” are behaviors that inflict unnecessary or unjustifiable pain or suffering on a child without causing physical injury. Behaviors included will consist of actions and omissions, ones that are intentional and ones that are unintentional. (17) “Necessary care” means a type and degree of personalized attention that will tend to advance a child’s physical, mental, emotional, moral and general well-being. (18) “Neglect” or “neglected child” means that a person: a. Is responsible for the care, custody, and/or control of the child; and b. Has the ability and financial means to provide for the care of the child; and 1. Fails to provide necessary care with regard to: food, clothing, shelter, education, health, medical or other care necessary for the child’s emotional, physical, or mental health, or safety and general well-being; or 2. Chronically and severely abuses alcohol or a controlled substance, is not active in treatment for such abuse, and the abuse threatens the child’s ability to receive care necessary for that child’s safety and general well-being; or 3. Fails to provide necessary supervision appropriate for a child when the child is unable to care for that child’s own basic needs or safety, after considering such factors as the child’s age, mental ability, physical condition, the length of the caretaker’s absence, and the context of the child’s environment. In making a finding of neglect under this section, consideration may be given to dependency, neglect, or abuse history of any party. (19) “Nonamenable child” means any child who is not amenable to the rehabilitative processes of the Family Court. (20) “Relative” means any person within the immediate family, and any grandparent, uncle, aunt, first cousin, great-grandparent, grandaunt or granduncle, half brother or half sister. (21) “Sexual abuse” means any act against a child that is described as a sex offense in § 761(i) of Title 11. (22) “Truancy” or “truant” shall refer to a pupil enrolled in grades kindergarten through 12 inclusive who has been absent from school without valid excuse, as defined in rules and regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14, or in the case of a pupil enrolled in a charter school, by the board of directors of the charter school, with the approval of the State Board of Education, for more than 3 days or the equivalent thereof during a given school year. 10 Del. C. 1953, §  901; 58 Del. Laws, c. 114, §  1 ; 60 Del. Laws, c. 449, §  1 ; 61 Del. Laws, c. 334, §  1 ; 63 Del. Laws, c. 73, §  1 ; 63 Del. Laws, c. 290, §  7 ; 64 Del. Laws, c. 108, §  4 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 176, §  2 ; 73 Del. Laws, c. 65, §  8 ; 74 Del. Laws, c. 175, §  12 ; 76 Del. Laws, c. 136, §§  1-5 ; 77 Del. Laws, c. 43, §  1 ; 77 Del. Laws, c. 70, §  1 ; 79 Del. Laws, c. 206, §§  1, 2 ; 80 Del. Laws, c. 364, § 1 ; 81 Del. Laws, c. 79, § 4 ; 82 Del. Laws, c. 150, § 1 ; 83 Del. Laws, c. 280, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 128, § 20 ; 85 Del. Laws, c. 498, § 1 ; § 902 Purpose; construction. (a) In the firm belief that compliance with the law by the individual and preservation of the family as a unit are fundamental to the maintenance of a stable, democratic society, the General Assembly intends by enactment of this chapter that 1 court shall have original statewide civil and criminal jurisdiction over family and child matters and offenses as set forth herein. The court shall endeavor to provide for each person coming under its jurisdiction such control, care, and treatment as will best serve the interests of the public, the family, and the offender, to the end that the home will, if possible, remain unbroken and the family members will recognize and discharge their legal and moral responsibilities to the public and to one another. (b) This chapter shall be liberally construed that these purposes may be realized. 10 Del. C. 1953, §  902; 58 Del. Laws, c. 114, §  1 ; § 903 Court of record; name; subtitles. This Court shall be a court of record and shall be known as “the Family Court of the State of Delaware.” It may be briefly cited as “the Family Court.” Its offices, forms, and processes in New Castle County shall be subtitled “for New Castle County,” in Kent County “for Kent County,” and in Sussex County “for Sussex County.” 10 Del. C. 1953, §  903; 58 Del. Laws, c. 114, §  1 ; § 904 State to provide Court facilities. The State shall provide for the Court at the county seat in each county and in such other places as may be designated by the Chief Judge, adequate quarters properly furnished, consistent with the dignity of and suitable for the purposes of the Court. 10 Del. C. 1953, §  904; 58 Del. Laws, c. 114, §  1 ; § 905 Budget; payment of salaries and expenses. The Court shall operate financially in accordance with its budget as enacted by the General Assembly and within this limit the Secretary of Finance shall pay the Court’s salaries and expenses upon the warrant of the Administrator or an assistant administrator countersigned by the Chief Judge, if available, or, if not, by any Judge. 10 Del. C. 1953, §  905; 58 Del. Laws, c. 114, §  1 ; § 906 Judges; selection; designation; qualifications; terms; vacancies; salaries. (a) The Judges of the Family Court of the State in and for New Castle County and of the Family Court for Kent and Sussex Counties shall continue to serve as Judges of this Court for the remainders of their present terms. The enactment of this chapter ratifies their respective appointments and confirmations as Judges of this Court with statewide jurisdiction. All further appointments of Judges of this Court from time to time hereafter shall be made by the Governor, by and with the consent of a majority of all the members elected to the Senate. Appointments, including appointments to fill vacancies which may occur during a term, shall be for a term of 12 years. (b) The Court shall be composed of 19 Judges of equal judicial authority. One Judge shall be the Chief Judge. No more than a majority of 1 Judge shall be members of the same political party. (c) Appointees shall be duly admitted to the practice of law before the Supreme Court of this State for a period not less than 5 years prior to their appointment and shall be selected because of their knowledge of the law and interest in and understanding of family and child problems. They shall not practice law during their tenure and may be reappointed. (d) One of the Judges shall be designated by the Governor as Chief Judge to hold office during the term of that Judge’s appointment. (e) All of the Judges shall be residents of the State for a period of 5 years immediately prior to their appointment. The Chief Judge may reside in any county of the State. After appointment, 10 of the Judges shall reside in New Castle County, 4 Judges shall reside in Kent County, and 4 Judges shall reside in Sussex County. (f) The Chief Judge and each of the Judges of the Family Court shall receive such compensation as shall be provided by law. 10 Del. C. 1953, §  906; 58 Del. Laws, c. 114, §  1 ; 59 Del. Laws, c. 472, §  4 ; 60 Del. Laws, c. 47, §§  1, 2 ; 61 Del. Laws, c. 541, §§  1, 2 ; 62 Del. Laws, c. 12, §  4 ; 64 Del. Laws, c. 217, §§  1, 2 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 238, §§  1, 2 ; 75 Del. Laws, c. 89, §  50 ; 76 Del. Laws, c. 213, §§  28-32 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 29, § 1 ; 85 Del. Laws, c. 62, § 51 ; § 907 Administrative powers and duties of the Court. The Court shall hold meetings when and where called by the Chief Judge or, in the Chief Judge’s absence, by the senior Judge on duty, but in no event less often than semiannually. By vote of a majority of its members it shall: (1) Adopt a seal. (2) Establish a uniform schedule of deposits, costs, and service fees. (3) Provide for the safeguarding of the Court’s records. (4) Require employee bonds as shall seem proper. (5) Make and publish Court rules governing policies, processes, practices, and procedures, which shall be uniform throughout the State. (6) Publish annual reports of the Court’s activities, findings, and recommendations. 10 Del. C. 1953, §  907; 58 Del. Laws, c. 114, §  1 ; 70 Del. Laws, c. 186, §  1 ; 76 Del. Laws, c. 213, §  33 ; § 908 Chief Judge; powers; duties. The Chief Judge, or in the Chief Judge’s absence the senior Judge on duty, shall: (1) Be the Chief Executive Officer of the Court and preside at meetings thereof. (2) Prepare and present to the Director of the Office of Management and Budget and the General Assembly the estimated budget of the Court for the ensuing fiscal year. (3) Assign Judges to the several Courts. (4) Approve the travel and other expenses incurred by the Judges and all employees in the performance of their duties. (5) Establish, when necessary, a Judge’s vacation schedule. (6) [Repealed.] (7) Establish a procedure for the assignment of cases to the Judges. (8) Provide for payment of the Court’s expenses. (9) Appoint and remove at the judge’s pleasure peace officers who shall be selected from among the employees of the Court and who, while so appointed shall have such powers normally incident to peace officers, including but not limited to, the power to make arrests in a criminal cases, provided that the exercise of such powers shall be limited to any building or real property maintained or used as a courthouse or in support of judicial functions. 10 Del. C. 1953, §  908; 58 Del. Laws, c. 114, §  1 ; 63 Del. Laws, c. 75 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 88, §  21(5) ; 76 Del. Laws, c. 213, §§  34, 35 ; 78 Del. Laws, c. 79, §  2 ; 83 Del. Laws, c. 525, § 1 ; § 909 Administrator; qualifications; duties. There shall be an Administrator who shall possess an earned bachelor’s degree and who shall have 3 years of supervisory experience in either governmental or private business administration or its equivalent. Under the Chief Judge’s supervision, he or she shall: (1) Be secretary to the Court in matters that pertain to the business administration of the Court. (2) With the Director of Treatment Services, integrate into 1 harmonious whole the judicial, social, legal, clerical and administrative services of the Court. (3) Submit to the Court a proposed budget for the ensuing fiscal year showing the total number of employees needed, classifications of employees and proposed salaries, and other anticipated expenses of the Court. (4) Prepare the vouchers for salaries and expenses of the Court, which shall be signed by the Administrator and countersigned by the Chief Judge, or in the Chief Judge’s absence, by any Judge, and forward them to the Secretary of Finance for payment. (5) Prepare and keep current an inventory of the Court’s capital assets. (6) Regularly and frequently visit the Court in each county. (7) Perform all duties prescribed by the Chief Judge. 10 Del. C. 1953, §  909; 58 Del. Laws, c. 114, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 910 Director of Treatment Services; qualification; duties. There shall be a Director of Treatment Services who shall possess an earned postgraduate degree in either criminology, and/or corrections, sociology, psychology, social work, or social sciences; and shall have had experience in administration and counseling in a judicial or correctional agency. Under the Chief Judge’s supervision, the Director shall: (1) Be secretary to the Court in matters that pertain to the Court’s counseling services; (2) Direct the Court’s counseling services and personnel; (3) With the Administrator, integrate into 1 harmonious whole the judicial, social, legal, clerical and administrative services of the Court; (4) Direct the clerical and stenographic personnel who are assigned to work with the counseling personnel; (5) Develop and maintain a training program for counseling of personnel; (6) Perform all duties prescribed by the Chief Judge. 10 Del. C. 1953, §  910; 58 Del. Laws, c. 114, §  1 ; 66 Del. Laws, c. 233, §  4 ; § 911 Supervisors, counselors; qualifications; duties. There shall be a Chief Supervisor for the Court in each county who shall possess an earned graduate degree in either criminology, and/or corrections, sociology, psychology or social work, and such other supervisors as shall have an earned graduate degree in social work, and such counselors as deemed necessary who shall possess earned bachelor’s degrees. Other counselors may be appointed by the Chief Judge who shall possess such qualifications as the Chief Judge shall prescribe. They shall perform such duties as may be assigned to them. 10 Del. C. 1953, §  911; 58 Del. Laws, c. 114, §  1 ; 64 Del. Laws, c. 108, §  19 ; § 912 Clerks of Court; appointment; terms of office; bonds; duties. (a) There shall be a Clerk of Court appointed for the Court in each county and such Deputy Clerks as the Chief Judge deems necessary. (b) The Clerks and Deputy Clerks of the Court shall give bond to the State in the amount of $200,000 for the Clerk and Deputy Clerks of New Castle County and in the amount of $100,000 for the Clerk and Deputy Clerks of Kent and Sussex Counties to execute faithfully their duties while in office. The State shall bear the cost of the bond premiums required hereunder. (c) The Clerk, or, in the Clerk’s absence, the Deputy Clerk, shall have care of the legal records of the Court which the Clerk or Deputy Clerk serves and shall receive all fees, fines, costs, restitution and cash bail arising out of any proceeding in said Court. The Clerk or Deputy Clerk shall administer all necessary oaths, enter the judgments, issue commitments and executions to enforce the same and make up and keep the records of the Court in all cases therein. The Clerk or Deputy Clerk shall issue all process under his or her hand and the seal of the Court, and shall attest the same in the names of the Judges, or any of them, signing the same by the title of office, and shall tax costs. The Clerk or Deputy Clerk may take bail from persons arrested whether or not the Court is in session, subject to revision by a Judge, and shall do all other acts which the Court shall prescribe. 10 Del. C. 1953, §  912; 58 Del. Laws, c. 114, §  1 ; 63 Del. Laws, c. 141, §  4 ; 70 Del. Laws, c. 186, §  1 ; § 913 Masters; appointment; duties; review. (a) The Chief Judge, after consultation with other Judges on the Court, may appoint, commission, set salaries for and discharge Masters in the Court. A Master, at the time of appointment and thereafter, shall be a suitable person who has been a resident of the State for at least 5 years immediately preceding the appointment. The salaries so set shall be a part of the annual budget of the Court and shall reflect the experience and time commitment of the person appointed to such office. (b) The Court as to all cases in a class or type of proceeding designated in the Court Rules, or the Chief Judge as to any individual case or proceeding, may direct that a hearing be held in the first instance by a Judge or Master; except, however, a Master shall not conduct adult bail and juvenile detention hearings or any hearings involving charges against juveniles which are classified as felonies when committed by an adult. The Department of Justice with respect to all other delinquency and adult misdemeanor charges, shall have the discretion, unless it has entered an appearance, whether to participate in delinquency and adult misdemeanor proceedings assigned by the Court to a Master, or, within a reasonable time, to transfer any delinquency or adult misdemeanor matter for consideration by a Judge. (c) Masters shall regulate all of the proceedings in every hearing before them. All proceedings before Masters shall be recorded. Masters shall have full authority to order the issuance of legal process to compel the attendance of necessary parties and witnesses; to administer oaths in the discharge of their official duties; to examine the parties and witnesses; to pass upon all questions of competency of witnesses and admissibility of evidence; to require the production of all books, papers, writings, vouchers and other documents applicable thereto; to grant adjournments and extensions of time; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before them, which they may deem necessary and proper, including appropriate sanctions except incarceration, subject at all times to the revision and control of the Court. (d) (1) At the end of any hearing or within a reasonable time thereafter, a Master shall enter the order in writing which shall announce the result and provide an explanation therefor. Every written order by a Master shall inform all parties that, as provided in this section, there is an absolute right to a review de novo by a Judge and that in the absence of a request within 15 days for de novo review, the written order of a Master shall become enforceable by any legal means. Any party may obtain a review de novo of any Master’s written order by a Judge by filing with the Court a written request therefor within 15 days from the date of a Master’s written order; except, however, there shall be no review by a Judge in contravention of any state or federal constitutional prohibition against double jeopardy. (2) The time period for requesting a review de novo shall not begin to run until the Master has entered the order in writing and Family Court has issued said order to the parties and attorneys. If either party has requested a new trial, reargument, or an alteration or amendment of judgment, the time period for requesting a review de novo shall not begin to run until the Master has ruled on said request in writing and Family Court has issued that ruling to the parties and attorneys. If any order or ruling is sent by mail, an additional 3 days to request a review de novo shall be allowed. (e) Upon request for review de novo, the case shall be placed upon the calendar of the Court and treated for all purposes as if it had not been referred to a Master. Upon review de novo, unless otherwise stipulated by the parties the Court shall not admit evidence that there has been a proceeding before a Master, the nature of the Master’s written order, nor any other matter concerning the conduct or outcome of the Master’s proceeding; except, however, recorded sworn testimony and other evidence admitted at a Master’s hearing may be used as the basis for an interim order of the Court, and generally in the same manner as sworn testimony given at a deposition in the case. (f) A request for a review de novo shall be the sole remedy of any party with respect to a Master’s written order, except for posthearing motions before the Master. A Master’s written order shall become an enforceable judgment of the Court only after the time for requesting a review de novo has expired without any such request. A judgment derived from a Master’s written order shall have the same force and effect as any other judgment of the Court, except that it shall not be subject to appeal. (g) The Court may adopt appropriate and specific rules to effectuate the intent and purpose of these statutory provisions relating to Masters. 10 Del. C. 1953, §  913; 58 Del. Laws, c. 114, §  1 ; 67 Del. Laws, c. 158, §  1 ; 68 Del. Laws, c. 194, §§  1, 2 ; § 914 Designation of Child Placement Review Board [Repealed]. 62 Del. Laws, c. 170, §  2 ; 72 Del. Laws, c. 338, §  2 ; repealed by 81 Del. Laws, c. 280, § 49, effective July 1, 2018. ; § 915 Commissioners; appointment; duties; review. (a) The Governor shall appoint, with the consent of a majority of all members elected to the Senate, suitable persons to act as Commissioners of the Family Court, all of whom shall hold office for a term of 4 years and shall be residents of the State for at least 5 years immediately preceding their appointment. Upon second and subsequent appointments and confirmations, a Commissioner of the Family Court shall hold office for a term of 6 years. An incumbent Commissioner and/or Master of the Family Court may be appointed as a Commissioner, so long as the person is duly admitted to practice before the highest court of any State of the United States. Other appointees shall be duly admitted to practice law before the Supreme Court of this State. The number of Commissioners appointed shall not be less than 5, with at least 1 Commissioner assigned to each county. The salaries of such Commissioners shall be part of the annual budget of the Family Court and shall reflect the educational background and experience of the appointees. (b) Individuals appointed as Commissioners under this section shall take the oath of office or affirmation prescribed in article XIV, § 1 of the Delaware Constitution before they enter upon the duties of their office. (c) The Chief Judge shall assign Commissioners to the several courts and shall establish a procedure for the assignment of cases to the Commissioners. Each Commissioner serving under this chapter shall have: (1) All powers and duties conferred or imposed upon Commissioners by law or by the Rules of Criminal and Civil Procedure for the Family Court; (2) The power to hear any civil case within the jurisdiction of the Family Court, as designated by the Chief Judge; (3) The power to order the issuance of legal process to compel the attendance of necessary parties and witnesses; (4) The power to administer oaths and affirmations, and take acknowledgements, affidavits and depositions; (5) The power to examine the parties and witnesses; to pass upon all questions of competency of witnesses and admissibility of evidence; to require the production of all books, papers, writings, vouchers and other documents applicable thereto; to grant adjournments and extensions of time; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before them, which they may deem necessary and proper, including appropriate sections; (6) The power to conduct juvenile detention hearings and to commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons charged with having violated the law together with material witnesses. A Commissioner shall assess the seriousness of the charge(s), the record, the factors stated in § 1007 of this title and the best interest of the juvenile in order to determine whether the juvenile shall be detained in secure detention or placed in a nonsecure detention alternative or other alternative as stated in § 1007(b) of this title. If a Commissioner places a juvenile in secure detention, the Commissioner shall state on the record the reasons for said detention; (7) The power to conduct adult bail hearings and to commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons who have failed to appear for a prior court hearing, either civil or criminal, or who are charged with having violated the law together with material witnesses and impose conditions pursuant to this chapter; (8) The power to conduct all delinquency and criminal proceedings, including but not limited to, amenability hearings, arraignments, preliminary hearings, case reviews and trials; (9) The power to accept pleas (including, but not limited to, pleas of guilty, not guilty and nolo contendere) to any offense within the jurisdiction of the Family Court and to appoint counsel to represent indigent defendants; (10) The power to enter sentence or disposition for criminal misdemeanors, criminal violations, criminal violation of probation and criminal contempt of court, whether the person has pleaded guilty to or has been convicted of 1 or more of the above offenses or whether the person has been adjudicated delinquent as a result of acts which would constitute such offenses if committed by an adult; (11) The power to enter sentence, including incarceration, for criminal felonies, whether the person has pleaded guilty to or has been convicted of such an offense or whether the person has been adjudicated delinquent as a result of acts which would constitute a felony if committed by an adult; and (12) The power to impose sanctions, including incarceration, for civil contempt. (d) A Commissioner’s order, including emergency ex parte orders, shall be an enforceable order of the Court. (1) Any party, except a party in default of appearance before a Commissioner, may appeal a final order of a Commissioner to a judge of the Court by filing and serving written objections to such order, as provided by rules of the Court, within 30 days from the date of a Commissioner’s order. A judge of the Court shall make a de novo determination of those portions of the Commissioner’s order to which objection is made. A judge of the Court may accept, reject or modify in whole or in part the order of the Commissioner. The judge may also receive further evidence or recommit the matter to the Commissioner with instruction. (2) Any party, except a party in default of appearance before a Commissioner, may appeal an interim order of a Commissioner to a judge of the Court by filing and serving written objections to such order, as provided by rules of the Court, within 30 days from the date of a Commissioner’s order. A judge of the Court may reconsider any interim order of a Commissioner, where it is shown that the Commissioner’s order is based upon findings of fact that are clearly erroneous, contrary to law, or an abuse of discretion. (e) No appeal of a Commissioner’s order shall stay execution of the order unless such stay shall be specifically ordered by a judge of the Court. (f) A Commissioner may be assigned such additional duties by the Chief Judge as are not inconsistent with the Constitution and laws of this State. 67 Del. Laws, c. 388, §  1 ; 68 Del. Laws, c. 356, §§  1-7 ; 69 Del. Laws, c. 122, §§  1-11 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 165, §  2 ; 76 Del. Laws, c. 212, §  1 ; 76 Del. Laws, c. 266, §  1 ; § 916 Assignment of retired Commissioners to active duty. (a) Any retired Commissioner may be designated by the Chief Judge, with the approval of the Chief Justice of the Supreme Court, to serve temporarily in any Family Court in the State; provided, however, that the retired Commissioner: (1) Was serving in good standing as a Commissioner at the time of retirement; (2) Assents to such designation; and (3) Is not involved or employed in any position which would create a conflict of interest with the position of Commissioner, including, but not limited to: the private practice of law; the holding of any state office; or employment by the State in any capacity. (b) Any retired Commissioner accepting an active duty designation shall be compensated on a per diem basis on the formula representing 1 / 2 6 0 of the annual salary for a Commissioner. In no event shall the per diem pay for a retired Commissioner exceed the maximum per diem pay for retired judges as provided in § 5610(b) of Title 29, nor shall the total annual compensation of the retired Commissioner equal or exceed the current annual salary for a Commissioner. Each retired Commissioner serving shall also be reimbursed for travel necessarily incurred for the performance of such active duty as approved by the Chief Judge. (c) Expenditures for work performed under this section shall be made from funds appropriated for this purpose, or from other Court funds approved to be expended for this purpose. 78 Del. Laws, c. 315, §  1 ; § 917 Law clerks. Law clerks hold major, nontenured advisory positions for the Judges of the Court. The Family Court may appoint and remove at pleasure such judicial law clerks as shall be necessary for the proper operation of the Court. 78 Del. Laws, c. 51, §  4 ; 78 Del. Laws, c. 315, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 921 Exclusive original civil jurisdiction. [For application of this section, see 82 Del. Laws, c. 84, § 5] The Court shall have exclusive original civil jurisdiction in all proceedings in this State concerning: (1) Any child found in the State who is alleged to be dependent, neglected, abused or delinquent except as otherwise provided in this chapter; (2) a. Any child charged in this State with delinquency by having committed any act or violation of any laws of this State or any subdivision thereof, except, for a child aged 16 or older accused of murder in the first degree, murder in the second degree, rape in the first degree, rape in the second degree, unlawful sexual intercourse in the first degree, assault in the first degree, robbery in the first degree, (where such offense involves the display of what appears to be a deadly weapon or involves the representation by word or conduct that the person was in possession or control of a deadly weapon or involves the infliction of serious physical injury upon any person who was not a participant in the crime, and where the child has previously been adjudicated delinquent of 1 or more offenses which would constitute a felony were the child charged under the laws of this State), kidnapping in the first degree, or any attempt to commit said crimes; any child 16 years of age or older charged with violation of Title 21, except as provided in paragraph (16) of this section or § 927 of this title; or any other crime over which the General Assembly has granted or may grant jurisdiction to another court. b. Any child charged in this State with delinquency by having committed, after reaching that child’s sixteenth birthday, murder in the second degree, manslaughter, robbery in the second degree, attempted murder (first or second degree), home invasion, burglary in the first degree or arson in the first degree; provided, however, that such child shall, after such child’s first appearance in the Court, be given a hearing as soon as practicable to determine that child’s amenability to the processes of the Court. The Court shall give immediate notice of such hearing in writing to the Department of Justice and to the child’s custodian, near relative, attorney or other interested person, if known, and then the Court shall proceed in accordance with the provisions of § 1010 of this title. The Attorney General or 1 of the Attorney General’s deputies shall be present at any such hearing. Superior Court shall retain jurisdiction for purposes of sentencing and all other postconviction proceedings if any judge or jury shall find the child guilty of a lesser included crime following a trial or plea of guilty in any prosecution for 1 of the crimes specifically defined in this subsection or for any crime where the child has been transferred to the Superior Court by the Family Court pursuant to § 1010 of this title; (3) Enforcement of any law of this State or any subdivision or any regulation promulgated by a governmental agency, or any petitions or actions, for the education, protection, control, visitation, possession, custody, care, or support of children; provided however, that the Justice of the Peace Court shall have original and exclusive jurisdiction over truancy matters as set forth in Chapter 27 of Title 14, and the Family Court shall assume exclusive jurisdiction over those matters transferred or appealed from the Justice of the Peace Court in accordance with §§ 2731 and 2732 of Title 14; (4) Judicial consent to employment, medical care, or enlistment in the armed services of a child when such consent is required by law; (5) Actions to terminate compulsory school attendance by a child who has not attained that child’s sixteenth birthday; (6) Actions and proceedings wherein: a. A member of a family alleges that some other member of the family is by their conduct imperiling any family relationship and petitions the Court for appropriate relief. b. The Division of Child Protective Services or a licensed youth service agency alleges that the conduct of a child, or of the parents or custodians, or members of a family, imperils any family relationship or imperils the morals, health, maintenance or care of a child and petitions the Court for appropriate relief; provided, however, that where a parent, to ensure the safety or welfare of the child, fails to cause the child to attend school, such parent has not imperiled the family relationship, nor has imperiled the morals, health, maintenance or care of the child. c. In such actions and proceedings the Court may make such adjudications and dispositions as appear appropriate; (7) Liability of relatives to support a person under Chapter 5 of Title 13, and § § 2830 and 2831 of Title 31; (8) Execution of forms consenting to marriages under § 123 of Title 13; (9) Reciprocal support proceedings by or against nonresidents under Chapter 6 of Title 13; (10) Any child in the State under the age of 16 years charged with delinquency by having committed a violation of any provision of Title 21; and any child in the State 16 years of age or older charged with having violated any of the provisions specified in § 927 of this title; a. The court having jurisdiction of violations of Title 21, not covered above, shall not proceed, except to continue the case, without the presence of a custodian, near relative, attorney or other interested person. b. Any judge of a court of proper jurisdiction, if the judge determines the existence of circumstances beyond the violation of Title 21, which indicates that the child 16 or 17 years old may be dependent, neglected or delinquent, shall, in addition to hearing the violation of Title 21, cause a complaint to be filed charging dependency, neglect or delinquency. c. Any sentence imposed against any child 16 or 17 years old by a court having jurisdiction of the offenses in Title 21, except those offenses within the jurisdiction of the Family Court, shall be limited to a fine and costs. No court shall detain a child 16 years of age or older in a jail or adult correctional institution or jail pending trial on any violation of Title 21. Any child pending trial shall, in the default of bail, be detained only in a juvenile correctional facility. d. Any child 16 or 17 years old who fails or refuses to pay a fine imposed by a court having jurisdiction of the offenses in Title 21, except those offenses within the jurisdiction of the Family Court, and after exhaustion of all other legal remedies for collection provided by the State, shall be charged with delinquency and referred to the Family Court; (11) All proceedings relative to divorce and annulment under Chapter 15 of Title 13; (12) Actions concerning the education of the handicapped and the enforcement of rights guaranteed by Chapter 31 of Title 14; (13) Actions concerning appeals from administrative decisions of the Division of Child Support Services, in accordance with the Delaware Administrative Procedures Act, Chapter 101 of Title 29; (14) Petitions by persons formerly married to each other seeking an interest in or disposition of jointly titled real property, where such property was not disposed of (i) by agreement of the parties, or (ii) by virtue of ancillary proceedings pursuant to § 1513 of Title 13. In dividing said property the Family Court shall apply equitable principles unless there is a written agreement signed by the parties regarding the disposition of said property. Unless there is a written agreement signed by the parties the Family Court shall not consider the factors enumerated in § 1513 of Title 13. This paragraph shall apply to all actions filed after July 11, 1989; (15) Proceedings relative to parental notice of abortion under subchapter VIII, Chapter 17 of Title 24; (16) Notwithstanding any provision of this title to the contrary, charges of delinquency based upon an alleged violation of any provision of Title 11, 16 or 21 which would otherwise be within the original civil jurisdiction of Family Court shall instead be within the original criminal jurisdiction of Superior Court if said charges may be joined properly with a felony pending against the same child in Superior Court, as determined pursuant to the relevant rules of the Superior Court; (17) Actions concerning child support liens pursuant to § 519 of Title 13; (18) Child Protection Registry proceedings pursuant to Chapter 9 of Title 16; (19) Proceedings for a change of name pursuant to § 5901(b) of this title. (20) All criminal or delinquency court proceedings involving a child charged with a delinquent act or crime committed while the child was under the age of 18 years and committed within the boundaries of a military installation, so long as concurrent juvenile legislative jurisdiction is established under § 108 of Title 29. 10 Del. C. 1953, §  921; 58 Del. Laws, c. 114, §  1 ; 58 Del. Laws, c. 116, §  1 ; 58 Del. Laws, c. 497, §  4 ; 60 Del. Laws, c. 297, §  14 ; 60 Del. Laws, c. 708, §§  1, 2 ; 61 Del. Laws, c. 334, §  7 ; 64 Del. Laws, c. 63, §§  5, 6 ; 64 Del. Laws, c. 108, §  4 ; 65 Del. Laws, c. 228, §  5 ; 66 Del. Laws, c. 269, §  12 ; 67 Del. Laws, c. 89, §  1 ; 69 Del. Laws, c. 213, §  1 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 238, §  2 ; 70 Del. Laws, c. 261, §§  1, 2 ; 70 Del. Laws, c. 262, §  1 ; 70 Del. Laws, c. 288, §  8 ; 70 Del. Laws, c. 596, §  1 ; 71 Del. Laws, c. 285, §  24 ; 72 Del. Laws, c. 346, §  16 ; 73 Del. Laws, c. 412, §  21 ; 74 Del. Laws, c. 106, §§  25, 26 ; 75 Del. Laws, c. 195, §  1 ; 77 Del. Laws, c. 43, §  2 ; 78 Del. Laws, c. 252, §  2 ; 80 Del. Laws, c. 234, § 2 ; 80 Del. Laws, c. 236, § 1 ; 82 Del. Laws, c. 84, § 3 ; 83 Del. Laws, c. 259, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 321, § 1 ; 85 Del. Laws, c. 545, § 2 ; § 922 Exclusive and concurrent original criminal jurisdiction. (a) Except as provided in subsections (b), (c), (d), (e), and (f) of this section, the Court shall have exclusive original criminal jurisdiction in all proceedings in this State concerning the following, the enumeration of which shall not be construed to exclude jurisdiction otherwise conferred upon the Court: (1) Ill treatment, abuse, abandonment or contributing to the delinquency of a child, or any misdemeanor committed against a child. (2) Any offenses, except felonies, committed: a. By 1 member against another member of the family. b. Between former spouses. c. Between persons cohabitating together who are holding themselves out as a couple, with or without a child in common. d. Between persons living separate and apart with a child in common, where parentage of said child is not in dispute. (3) Any offenses, except felonies, in which the defendant is a member of a family and the complainant is a peace officer and the criminal act complained of was committed during a family altercation. (4) Misdemeanor criminal nonsupport and misdemeanor aggravated criminal nonsupport under § 1113 of Title 11. (5) Illegitimacy proceedings under § § 1321-1335 of Title 13 [repealed]. (6) Children of immoral parents under § 706 of Title 13 [repealed]. (7) Aiding a child who escapes from the Department of Services for Children, Youth and Their Families under § 5311 of Title 31. (8) Cruel treatment and wrongful disposition or employment of children under § 1102 of Title 11. (9) Interference with custody of a child under § 785 of Title 11. (10) Placing a resident or bringing a nonresident dependent child into Delaware without consent of the Department of Services for Children, Youth and Their Families under § § 307, 351 [repealed] of Title 31, except as provided in the Interstate Compact for Juveniles. (11) Sale or delivery of an alcoholic beverage to a child under § 904 of Title 4. (12) Permitting a child to remain where alcoholic beverages are sold under § 1106 of Title 11. (13) Permitting a child to be present where gambling activity is maintained or conducted under § 1106 of Title 11. (14) Sale of weapons to a child under § 903 of Title 24. (15) Sexual assault on a child under § 761 of Title 11. (16) Intra-family offenses against the person under § § 601, 602, 611 of Title 11. (17) Incest under § 766 of Title 11. (18) Reciprocal support proceedings against or on behalf of nonresidents under Chapter 6 of Title 13, where appropriate. (19) Unlawful sexual contact in the third degree against a child under § 767 of Title 11. (20) Violation of a protective order under § 1271A of Title 11. (21) Offenses involving the reporting of new hires under § 1156A of Title 30. (b) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Court in all proceedings concerning alleged curfew violations under former § § 39-14 through 39-16 of the Wilmington Code [see now § § 36-97 and 36-98 of the Wilmington Code]. (c) The Court shall have concurrent criminal jurisdiction with the Justice of the Peace Courts in all proceedings concerning alleged curfew violations pursuant to any municipal ordinance. (d) The Court shall have concurrent criminal jurisdiction with the Court of Common Pleas where the offense, except felonies, is committed between persons living separate and apart with a child in common where the parentage of said child is in dispute. (e) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive original jurisdiction of Family Court otherwise may be joined properly with a felony within the jurisdiction of Superior Court, such offenses or criminal cases shall be within the jurisdiction of Superior Court. (f) Notwithstanding the provisions of paragraphs (a)(1)-(a)(3), (a)(17) and (a)(20) of this section, if offenses or criminal cases within the exclusive jurisdiction of the Family Court and in which the defendant is an adult otherwise may be joined properly with a criminal case or other offense that is within the jurisdiction of the Court of Common Pleas, the Court of Common Pleas shall have concurrent jurisdiction with Family Court over such offenses or criminal cases, except that this subsection shall not apply to offenses or criminal cases involving felonies. 10 Del. C. 1953, §  922; 58 Del. Laws, c. 114, §  1 ; 58 Del. Laws, c. 497, §  4 ; 63 Del. Laws, c. 93, §  1 ; 64 Del. Laws, c. 108, §§  6, 20 ; 66 Del. Laws, c. 189, §§  1, 2 ; 66 Del. Laws, c. 269, §§  13, 14 ; 68 Del. Laws, c. 66, §§  1, 2 ; 69 Del. Laws, c. 160, §  3 ; 70 Del. Laws, c. 100, §  4 ; 70 Del. Laws, c. 318, §  2 ; 70 Del. Laws, c. 448, §  3 ; 71 Del. Laws, c. 29, §§  1, 2 ; 71 Del. Laws, c. 176, §  3 ; 71 Del. Laws, c. 216, §  158 ; 75 Del. Laws, c. 110, §§  1, 2 ; 80 Del. Laws, c. 364, § 2 ; 84 Del. Laws, c. 128, § 20 ; 85 Del. Laws, c. 498, § 2 ; § 922A Truancy jurisdiction. The Court shall have jurisdiction over truancy matters as set forth in Chapter 27, subchapter II of Title 14. 82 Del. Laws, c. 224, § 1 ; § 923 Jurisdiction over matters begun prior to this chapter. The Court shall have jurisdiction to hear and decide all matters before the Family Court of the State in and for New Castle County and the Family Court for Kent and Sussex Counties which had not been disposed of prior to the effective date of this chapter. 10 Del. C. 1953, §  923; 58 Del. Laws, c. 114, §  1 ; § 924 Concurrent original civil jurisdiction. The Court shall have concurrent jurisdiction to hear writs of habeas corpus or other proceedings brought for the purpose of gaining or retaining the custody of a child or for the purpose of determining whether a child is being unlawfully detained by any person, agency, or institution. 10 Del. C. 1953, §  924; 58 Del. Laws, c. 114, §  1 ; § 925 General jurisdiction. The Court and each Judge shall have authority to: (1) Conserve the peace; (2) Commit or bind, with or without surety, as a committing magistrate, for appearance at the proper court, persons charged with having violated the law together with material witnesses and impose conditions as set forth in § 1021 of this title; (3) Determine and punish civil and criminal contempt; (4) Issue process for the exercise of its jurisdiction and require service thereof under pain of contempt; (5) Receive, hear, and make recommendations concerning matters assigned to it by any state or municipal court. Such recommendations shall be certified to the assigning court; (6) Transfer for good cause any proceeding from the Court in 1 county to the Court in any other county; (7) Enter, proceed on, and satisfy in the name of the State any forfeited bond, provided however, that the proceeds of any bond forfeited for a party’s failure to appear in any civil or criminal child support proceeding shall be paid over to the payee of the child support order and applied to the child support account; (8) Sit separately or jointly with any or all other Judges; (9) Hear, determine, render, and enforce judgment in any proceeding before the Court; (10) Assess fees, costs, and fines; or remit them in proper cases; (11) After due notice to interested parties, review, revise, or revoke any prior order of the Court with reference to the custody, control, care, support or visitation of any person, or in any proceeding where failure to do so would result in manifest injustice; (12) Punish for contempt any person who, in order to evade the Court’s jurisdiction, removed from the State any child concerning whose possession, custody, or alleged unlawful detention, a writ of habeas corpus or other proceeding has been filed; (13) Administer oaths and take acknowledgments; (14) Appoint guardians ad litem; (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 enter private property to enforce such order when such order requests the assistance of a police officer; (16) Appoint guardians of the person over minors under 18 years of age; (17) Appoint attorneys and/or Court-Appointed Special Advocates to serve as guardians ad litem to represent the best interests of a child in any child welfare proceeding; (18) Determine and enter disposition for alleged violations of probation by juveniles in accordance with the procedures established at § 4334 of Title 11. The term Commissioner or any probation counselor as used in § 4334 of Title 11 shall include the appropriate member of the Department of Services for Children, Youth and Their Families; (19) Decide appeals from administrative hearings of substantiated cases of abuse or neglect made pursuant to § 902A(d) of Title 16 [repealed], and to decide appeals made pursuant to § 902A(g) of Title 16 [repealed] for orders of administrative expungement of substantiation for the purpose of no longer reporting an individual’s name pursuant to § 8563(b) of Title 11; (20) In a civil proceeding involving the welfare of a minor child or the safety of a party, require any party or any other resident of the party’s household or other person with regular direct access to the child, to submit to a state and federal background check. a. The background check shall consist of: 1. A report of the individual’s entire criminal history record from the Delaware State Police or a statement from the Delaware State Police that the State Police Central Repository contains no such information relating to that person. 2. A report of the individual’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544. The Division of State Police shall be the intermediary for the purposes of this paragraph. 3. A certification from the Department of Services for Children, Youth and Their Families as to whether the individual is named in the Central Register as the perpetrator of a report of child abuse. b. Costs associated with obtaining said criminal history information and child abuse registry information shall be borne by the State. c. The Court at any stage in the proceeding may take judicial notice of any report, record or certification described in this paragraph (20). 10 Del. C. 1953, §  925; 58 Del. Laws, c. 114, §  1 ; 63 Del. Laws, c. 133, §  1 ; 65 Del. Laws, c. 95, §  2 ; 65 Del. Laws, c. 190, §  1 ; 66 Del. Laws, c. 300, §  1 ; 70 Del. Laws, c. 449, §  1 ; 72 Del. Laws, c. 451, §  1 ; 72 Del. Laws, c. 469, §  5 ; 77 Del. Laws, c. 122, §  1 ; 83 Del. Laws, c. 461, § 1 ; § 926 Judgment against parent of minor who steals or destroys property [Repealed]. Repealed by 66 Del. Laws, c. 234, § 2. § 927 Exclusive jurisdiction over motor vehicle violations. (a) The Court shall have exclusive original civil jurisdiction in all proceedings in this State involving children charged with violating any of the following motor vehicle provisions of Title 21: (1) Displaying or possessing fictitious registration cards, number plates or registration plates under § 2115(2) of Title 21; (2) Operating a motor vehicle without motor vehicle insurance under § 2118, except that the Justice of the Peace Court shall have concurrent jurisdiction for purposes of dismissing a case if proof of insurance is shown pursuant to § 2118(b) or (p) of Title 21; (3) Possessing a fictitious insurance identification card under § 2118A(a) of Title 21; (4) Altering or forging a certificate of title, a manufacturer’s certificate of origin, a registration card, a vehicle warranty or certification sticker or a vehicle identification plate under § 2316 of Title 21; (5) Fraud in obtaining a driver’s license, or display of a fraudulently altered license under § 2751 of Title 21; (6) Driving while license is suspended or revoked under § 2756 of Title 21; (7) Driving during a period of ineligibility under § 2758 of Title 21; (8) Penalties under § 2971(a) of Title 21; (9) Obedience to police officers under § 4103 of Title 21; (10) Walking on a highway under the influence under § 4149 of Title 21; (11) Speed exhibitions and drag racing under § 4172 of Title 21; (12) Malicious mischief by motor vehicle under § 4172A of Title 21; (13) Reckless driving under § 4175 of Title 21; (14) Aggressive driving under § 4175A of Title 21, whether or not the predicate offenses required under that section are within the exclusive jurisdiction of the Family Court or not; (15) Operation of a vehicle causing death under § 4176A of Title 21; (16) Operation of vehicle while under the influence of intoxicating liquor or drug under § 4177 of Title 21; (17) Driving after consumption of alcohol under § 4177L of Title 21; (18) Operating a bicycle under the influence of drugs or alcohol and under § 4198J of Title 21; (19) Duty of driver involved in accident resulting in injury or death to any person under § 4202 of Title 21; (20) Duty to report accidents under § 4203 of Title 21; (21) Introduction, sale, distribution or advertisement for sale to public of motor vehicle master keys under § 4601 of Title 21; (22) Reporting of keys under § 4603 of Title 21; (23) Possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock-picking devices and hot wires under § 4604 of Title 21; (24) Injuring vehicle without consent of owner under § 6701 of Title 21; (25) Driving vehicle without consent of owner under § 6702 of Title 21; (26) Tampering with vehicle under § 6703 of Title 21; (27) Receiving or transferring stolen vehicle under § 6704 of Title 21; (28) Removed, falsified or unauthorized identification number on vehicle or engine; removed or affixed license/registration plate with intent to misrepresent identity under § 6705 of Title 21; (29) Possession of blank title, blank registration card, vehicle identification plate, warranty sticker and registration card under § 6708 of Title 21; (30) Removal of warranty or certification stickers, vehicle identification plates, and confidential vehicle identification numbers under § 6709 of Title 21; and (31) Unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers under § 6710 of Title 21. (b) Where appropriate, the Court has the power to impose the pe