The children of parents who divorce or were never married often share a surname with only one parent, which may lead to confusion or hardship when schools, doctors, or others fail to recognize the child’s connection with the parent with whom the child does not share a similar surname. Parents and children in such circumstances have compelling reason to seek to add a second surname to the child’s name. Delaware law currently provides that a petition to change a minor’s surname should be granted if there are no reasons for not granting the petition. This standard applies to changing a minor’s name, regardless of whether the change is to eliminate and replace an existing surname or simply add a second surname, and also puts the burden on the petitioning parent to demonstrate that the petition should be granted. This Act separates circumstance in which a parent seeks to replace a minor’s surname from those in which a parent seeks to add to the minor’s surname, by establishing a presumption in favor of granting a petition to add a parent’s surname to a minor’s surname either as an additional name or hyphenated with the minor’s previously existing surname. The presumption in favor of granting the petition may be overcome by the opposing parent establishing by clear and convincing evidence that the consideration of several, specific factors demonstrate that granting the petition would cause the minor more harm than benefit. The factors specified in this Act are taken from the larger list of factors which Delaware Courts have developed through case law to consider when determining whether to grant a petition to change a minor’s surname and do not include the factors which are relevant only when a parent seeks to replace, rather than add to, the minor’s surname.
Sponsored bills
This Act clarifies that the reviews of child and maternal deaths are confidential and may not be used in any proceedings. It ensures that the committees and panels who do the work on behalf of the Child Death Review Commission are protected.
For purposes of clarity regarding Delaware's commitment to supporting Delawareans with disabilities, including military service-related disabilities, this Act codifies existing county-level tax exemptions. Absent this Act, Delaware will continue to be one of the only states, if not the only state, that is silent at the state level with regard to exemptions for service-related disabilities. This Act requires a county government to provide exemptions to real property taxes for individuals with a disability that are at least as generous as the exemptions currently provided by the county government. In addition, if a county government provides an additional exemption to real property taxes for individuals with a disability who became disabled as a result of service in and while in the service of any branch of the United States armed services, the county government must provide exemptions that are at least as generous as the exemptions currently provided by the county government.
Section 1 of this Act enhances the State’s ability to collect delinquent taxes by (a) allowing for renewal of a judgment for unpaid taxes beyond the current 20 year limit for an additional term of 20 years, and (b) allows for recording of a judgment for unpaid taxes in any county of the State. Section 2 makes it clear that this legislation is effective as of July 1, 2017.
This Act makes updates to how reports of child abuse and neglect are handled by the various members of the multidisciplinary team. The Act codifies the multidisciplinary team and case. The Act adds additional duties to the Investigation Coordinator, law enforcement, the Department of Justice and the Division of Family Services that are current best practices but not required by law. The Act reorganizes the section pertaining to the Division of Family Services to reflect current best practices. The Act allows nurse practitioners to take emergency protective custody. This Act also makes technical corrections to conform existing law to standards of the Delaware Legislative Drafting Manual.
This bill sets a minimum reimbursement rate for home health care nursing services paid for by Medicaid-contracted organizations. The rate shall be at least equal to the rate set by the Division of Medicaid for equivalent services. Home care nurses and aides give Delawareans with disabilities the option to remain at home with their families and prevents unnecessary use of higher-cost hospitals, nursing homes and rehabilitation facilities.
This bill clarifies that the reviews of child abuse and neglect deaths and near deaths are confidential and should not be used in any proceedings. It ensures that the committees and panels who do the work on behalf of the Child Protection Accountability Commission are protected. Finally, the bill clarifies that any duties of the State for public disclosure in these cases under the federal Child Abuse Prevention and Treatment Act will not be fulfilled by these confidential reviews conducted by the Commission as Delaware’s Citizen Review Panel.
This Joint Resolution creates an Advisory Panel to the Delaware Economic and Financial Advisory Council (DEFAC) that is tasked with developing a report concerning the State’s historic budgeting practices, the need for reasonable restrictions on the use of budget surpluses, the benefits of a budget stabilization fund, and such other matters as the Advisory Panel deems appropriate. A preliminary report shall be submitted to the General Assembly and the Governor no later than May 1, 2018.
This Act permits individuals to add their resident minor child and foster child to their existing motor vehicle insurance policies as additional drivers.
This bill establishes the Behavioral Health Consortium that will provide oversight and coordination of the State’s private and public bodies to address behavioral health issues in Delaware.