Rights of children in DSCYF custody.
Del. Code tit. 13, § 2522
in effect(a) All dependent, neglected and abused children in DSCYF custody under this chapter shall have the following rights in accordance with their ages and developmental levels, unless prohibited by court order:
(1) To be informed of the reason they have been placed in DSCYF custody.
(2) To receive water, food, shelter, and clothing that is necessary and appropriate for their ages and individual needs.
(3) To be free from abuse or neglect.
(4) To have assistance in obtaining access to medical, vision, and dental treatment that is necessary and appropriate for their ages and individual needs; and to have assistance in obtaining access to necessary and appropriate mental health and substance abuse treatment if the need for such treatment is identified.
(5) To receive appropriate placement services.
(6) To contact and visit with their parents, siblings in DSCYF custody, and other individuals, including their own child in DSCYF custody. If such contact or visitation is inappropriate, the child has the right to be notified of the reason for that decision.
(7) To have assistance in obtaining access to an education, at their schools of origin when feasible, with minimal disruption to their education when they are placed in DSCYF custody.
(8) To participate in the formation and maintenance of their foster care service, transitional and independent living and transition plans, where applicable; and beginning at age 14:
a. To be actively engaged and consulted in the development and implementation of those services and plans, as well as in any revisions or additions to those services or plans; and
b. At the option of the child, to involve 2 individuals in case planning that are selected by the child and who are not a foster parent or caseworker for the child, except that DSCYF may reject an individual so selected by the child if DSCYF has good cause to believe the individual would not act in the best interests of the child, and 1 individual so selected by the child may be designated to be the child’s advisor and, as necessary, advocate with respect to the application of the reasonable and prudent parent standard to the child.
(9) To have regular and meaningful access to and have confidential contact with their caseworkers and attorneys or court-appointed special advocates.
(10) To be notified, attend, and participate in court hearings and to speak to the judge regarding any decision that may have an impact on their lives.
(11) To have their confidentiality protected as required by state and federal law.
(12) To receive transitional and independent living services and supports beginning at age 16 if eligible and if resources are available.
(13) To have the opportunity to participate in age-appropriate or developmentally-appropriate activities and experiences to promote healthy development, and to have those opportunities explained to them in an age- and developmentally-appropriate manner, consistent with the reasonable and prudent parent standard.
(14) To report any violation of their rights or the violation of the rights of others without being punished or retaliated against for such reporting.
(15) To have these rights explained in an age-appropriate manner, and for youth age 14 and older to sign an acknowledgement that the rights have been explained, and to receive a copy of the rights set forth in this section.
(b) Any child aggrieved by a violation of this section may motion the court, through an attorney or court-appointed special advocate, for appropriate equitable relief.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title13/c025/sc03/index.htmlFetched: 10/4/2026