Fill and Sign the Petition Guardianship Minor Form

Form 126P Rev 7/18 The Family Court of the State of Delaware In and For New Castle Kent Sussex County PETITION FOR PERMANENT GUARDIANSHIP OF A MINOR Petitioner Respondent Name D.O.B. Name D.O.B. File Number                         Street Address Street Address                   P.O. Box Number P.O. Box Number Petition Number             City/State/Zip Code City/State/Zip Code                   Phone Number Phone Number             Relation to Child(ren) Relation to Child(ren)             Attorney Name Attorney Name             Interpreter needed? Yes No Interpreter needed? Yes No Language       Language       Petitioner (if any) Respondent (if any) Name D.O.B. Name D.O.B.                         Street Address Street Address             P.O. Box Number P.O. Box Number             City/State/Zip Code City/State/Zip Code             Phone Number Phone Number             Relation to Child(ren) Relation to Child(ren)             Attorney Name Attorney Name             Interpreter needed? Yes No Interpreter needed? Yes No Language       Language       Guardian Ad Litem (if any) 1 of 7 Name       Law Firm       Office Address       City/State/Zip Code       Phone Number       Form 126P Rev 7/18 IN THE INTEREST OF THE FOLLOWING CHILD(REN): ( Complete the table below for each child for whom permanent guardianship is sought . Attach additional sheets if necessary.) 1. Complete the table below regarding the child(ren)’s parents (individuals holding parental rights): NAME Address Date of Birth MOTHER                   FATHER                   2. If you do not know the name/address of the child(ren)’s mother and/or father, write in the space provided below what you have done to try to locate him/her/them.                          I have attached to this Petition the following affidavits: Affidavit that a Party’s Address is Unknown 3. Name(s) of the person(s) or organization holding parental rights of the child(ren):       Address of person(s) or organization: 4. Name(s) of the person(s) or organization having the guardianship, care, control or custody of the child(ren):       Address of person(s) or organization if address is different from address of Petitioner(s): 5. Name(s) of the person(s) to whom permanent guardianship shall be vested if this Petition is granted       Address of person(s) or organization if address is different from address of Petitioner(s): 6. Proposed permanent guardian(s)’ relationship to child(ren) if proposed permanent guardian is NOT the Petitioner:       7. Please check all that apply: The following child(ren) is/are not yet 14 years of age or older: OR The child(ren) is/are 14 years of age or older and consents to (agree with) this Petition (Attach Affidavit of Consent executed by each child(ren) who consents) Name(s) of child(ren) 14 years of age or older who consent(s): 2 of 7Child’s Name Child’s Date of Birth Child’s Place of Birth (City, State) Child’s Gender (Check one)                   Male Female                   Male Female                   Male Female                                     Form 126P Rev 7/18 The child(ren) is/are 14 years of age or older does/do NOT consent to (agree with) this Petition. Name(s) of child(ren) 14 years of age or older who do NOT consent: 8. I am filing this petition because: (Check ALL that apply) The child(ren)’s parent(s) agree that I/we should become the guardian(s) of the child(ren) (Attach an Affidavit of Consent executed by the parent(s) who agree). The child(ren)’s parent(s) are deceased. (Attach a certified copy of the death certificate) The child(ren) is/are dependant and/or neglected based on the following reason(s):                         9. I acknowledge the following is true for the child(ren) named in this petition: Adoption of the child is not possible or appropriate; Permanent Guardianship is in the best interests of the child The proposed permanent guardian is a: i. Relative (pursuant to 10 Del. C . §901(20)) (select relationship) immediate family member grandparent or great grandparent uncle or aunt first cousin grand uncle or grand aunt half brother or half sister ii. Foster parent caring for the child for at least 6 months OR iii. Guardian holding guardianship for at least 6 months The proposed permanent guardian: i. Is emotionally, mentally, physically and financially suitable to become the permanent guardian; ii. Has expressly committed to remain the permanent guardian and assume the rights and responsibilities for the child for the duration of the child’s minority (until the child is 18 years old); AND iii. Has demonstrated an understanding of the financial implications of becoming a permanent guardian; If the child is at least 14 years old, the child consents to the permanent guardianship being granted. If the proposed permanent guardian is a foster parent(s): i. The child is at least 12 years old; OR ii. The proposed permanent guardian is the permanent guardian of one of the child’s siblings; OR iii. The child receives substantial governmental benefits for a serious physical and/or mental disability which would no longer be available to the child if parental rights were terminated and/or if the child was adopted. I/We have made the following efforts to place the child for adoption (if applicable): 3 of 7            Form 126P Rev 7/18                         10. I have attached the Grounds for Permanent Guardianship for each child named above. I have indicated at least one Ground for Permanent Guardianship for each child named in this petition. WHEREFORE , Petitioner(s) seek appointment as Permanent Guardian(s) of the above-named minor child(ren). Petitioner Date 2 nd Petitioner (if any) Date Sworn to subscribed before me: Sworn to subscribed before me: Clerk of Court/Notary Public Date Clerk of Court/Notary Public Date 4 of 7 Form 126P Rev 7/18 GROUNDS FOR PERMANENT GUARDIANSHIP Complete the following for each child named in the Petition for Permanent Guardian NAME OF CHILD:       Indicate the grounds for Permanent Guardianship ( Place an “X” next to the grounds that apply .) 1. The parent(s) of the child, or the person(s) or organization holding parental rights over such child agree (consent) that this Petition should be granted. ( Attached is/are the parent(s) affidavit of consent .) 2. Respondent has abandoned the child AND intended to abandon the child as evidenced by the fact that: ( Place an “X” next to which reason applies ) a. The child is younger than 6 months old and at the time of filing this Petition, Respondent did not do ANY of the following:  Pay reasonable prenatal, natal and postnatal expenses in accordance with Respondent’s financial means; AND  Visit regularly with the child; AND  Manifest (show) an ability and willingness to assume legal and physical custody of the child (this third reason applies if the child was not in the physical custody of the other parent). b. The child is at least 6 months old at the time of filing this Petition and for at least six consecutive months (six months in a row) during the year immediately before filing the Petition, Respondent(s) did not do ANY of the following:  Make reasonable and consistent payments in accordance with Respondent’s financial means, for support of the child; AND  Communicate or visit regularly with the child; AND  Manifest (show) the ability and willingness to assume legal and physical custody of the child (this third reason applies if the child was not in the physical custody of the other parent). c. The child is younger than 6 months old at the time of filing this Petition and Respondent has placed the child in circumstances leaving the child in substantial risk of injury or death and therefore has manifested (shown) the unwillingness to exercise parental rights. 3. Respondent has abandoned the child BUT did not intend to abandon the child because: ( Place an “X” next to which reason applies ) a. For 12 consecutive months (12 months in a row) in the 18 months before filing this Petition, Respondent did not do ANY of the following:  Communicate or visit regularly with the child; AND  File or pursue a pending Petition to establish paternity or to establish the right to have contact or visitation with the child; AND  Manifest (show) the ability and willingness to assume legal and physical custody of the child (this third reason applies if the child was not in the physical custody of the other parent). AND one of the below applies ( Place an “X” next to all that apply ): The child is not in the legal and physical custody of the other parent and Respondent is not able or willing promptly to assume legal and physical custody of the child, and to pay for the child’s support, in accordance with Respondent’s financial means. Placing the child in Respondent’s legal and physical custody would pose a risk of substantial harm to the physical or psychological well being of the child. Respondent is unfit to maintain a relationship of “parent and child” with the child because of any of the following reasons: 5 of 7 Form 126P Rev 7/18 i. The circumstances of the child’s conception; OR ii. Respondent’s behavior during the mother’s pregnancy; OR iii. Respondent’s behavior after the child was born; OR iv. Respondent’s behavior with respect to other children. Failure to grant the Petition for Permanent Guardianship would be detrimental to the child. 4. The parent(s) of the child or any person(s) holding parental rights over such child are found mentally incompetent and therefore, are unable to discharge parental responsibilities in the foreseeable future. (The Court will select 2 qualified psychiatrists to form an opinion regarding mental incompetence and inability to discharge parental responsibilities. The Court also will appoint a licensed attorney as guardian ad litem to represent the alleged incompetent’s interests in the proceeding) 5. Respondent has been found by a Court of competent jurisdiction to have: ( Place an “X” next to all that apply ) a. Committed a felony level offense as described in subchapter II of Chapter 5 of Title 11 against the person in which the victim was a child; b. Aided or abetted, attempted, conspired or solicited to commit a felony level offense as described in subchapter II of Chapter 5 of Title 11 against the person in which the victim was a child; c. Committed or attempted to commit the offense of Dealing in Children as set forth in § 1100 of Title 11. d. Committed the felony level offense of endangering the welfare of a child as set forth in § 1102 of Title 11. 6. The parent(s) of the child, or any person(s) holding parental rights over the child, are not able or have failed to plan adequately for the child’s physical needs or mental and emotional health and development, and 1 or more of the following conditions has been met: ( Place an “X” next to each condition that has been met ) a. If the child is in the care of the Department or a licensed agency, place an “X” next to each condition below that has been met: The child has been in the care of the Department of licensed agency for a period of one year, or if the child has come into care as an infant, a period of 6 months, or there is a history of previous placement(s) of this child; There is a history of neglect, abuse, or lack of care of the child or other children by Respondent; Respondent is incapable of discharging parental responsibilities due to extended or repeated incarceration; Respondent is not able or willing to assume promptly legal and physical custody of the child, and to pay for the child’s support, in accordance with Respondent’s financial means. Failure to grant the Petition for Permanent Guardianship will result in continued emotional instability or physical risk to the child. 6 of 7 Form 126P Rev 7/18 b. If a relative is seeking permanent guardianship place an “X” next to each condition below that has been met: The child has resided in the home of the relative for a period of at least 1 year, or in the case of an infant, a period of 6 months Respondent is incapable of discharging parental responsibilities, and there appears to be little likelihood that Respondent will be able to discharge such parental responsibilities in the near future. 7. Respondent’s parental rights over a sibling (brother, sister, half-brother, half-sister) of the child who is the subject of the Petition have been involuntarily terminated in a prior proceeding. 8. The parent has subjected the child to torture, chronic abuse, sexual abuse, and/or life- threatening abuse. 9. The child has suffered unexplained serious physical injury under such circumstances as would indicate that such injuries resulted from the intentional conduct or willful neglect of the parent. 7 of 7