Skip to main content
Find a Lawyer

Delaware Code Title 13. Domestic Relations § 2523. Duties and liability protection of caregivers to children in DSCYF custody

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) Caregivers of children in DSCYF custody have the responsibility and authority to exercise the reasonable and prudent parent standard to provide or withhold permission for children in their care to participate in and experience age-appropriate or developmentally-appropriate activities and experiences, including extracurricular, cultural and social enrichment.  The authority of a caregiver:

(1) Must be exercised using the reasonable and prudent parent standard and the caregiver's actions do not conflict with any applicable court order or service plan;  and

(2) May be exercised without the prior approval of DSCYF or the Court.

(b) In determining whether a decision of a caregiver is reasonable and prudent according to § 2502 of this title, the following should be considered:

(1) The child's age, maturity and developmental level to maintain the overall health and safety of the child.

(2) The potential risk factors to the child or to others and the appropriateness of the activity and experience for extracurricular, cultural or social enrichment.

(3) The wishes of the child.

(4) The wishes of the parent.

(5) The best interests of the child based on information known by the caregiver.

(6) The importance of encouraging the child's emotional and developmental growth.

(7) The importance of supporting the child in developing skills to successfully transition to adulthood, including guidance on healthy sexual development.

(8) The importance of providing the child with the most family-like living experience possible.

(9) Any special needs or accommodations that the child may need to safely participate in the activity or experience.

(c) A caregiver is not liable for harm caused to a child who participates in an activity or experience approved by the caregiver if all of the following circumstances are met:

(1) The caregiver acts in accordance with the reasonable and prudent parent standard.

(2) The caregiver has completed the required training relating to the reasonable and prudent parent standard prior to giving the approval.

(3) The approval does not conflict with any applicable court order or service plan.

This section does not remove or limit any existing liability protection afforded by any other law.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Delaware Code Title 13. Domestic Relations § 2523. Duties and liability protection of caregivers to children in DSCYF custody - last updated January 01, 2026 | https://codes.findlaw.com/de/title-13-domestic-relations/de-code-sect-13-2523/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard