CHAPTER 208
FORMERLY
SENATE BILL NO. 164
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 14 RELATING TO FREE SCHOOLS; AGES; ATTENDANCE WITHIN SCHOOL DISTRICT; AND NONRESIDENTS OF DELAWARE AS IT PERTAINS TO RELATIVE CAREGIVERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend §202, Title 14 of the Delaware Code by striking subsection (e) in its entirety and substituting in lieu thereof a new subsection (e) to read as follows:
“(e) For purposes of this section, a student shall be considered a resident of the school district in which his or her parents or legal guardian resides. If a student seeks to be considered a resident of a particular school district based on the residence of anyone other than his or her parent(s) or legal guardian, the student must have:
(1) a signed order from a court of appropriate jurisdiction granting custody to or appointing as his or her guardian the resident with whom he or she is residing; or
(2) suitable documentation certifying that the student resides within the district by action of the State of Delaware or approval by the school district to be considered the student’s residence; or
(3) a completed and notarized Establishment of Delegation of Power to Relative Caregivers to Consent for Registering Minors for School confirming a caregiver’s ability to provide consent in those cases where the student is being cared for by an adult relative caregiver without legal custody or guardianship.
Students under the care or custody of the Department of Services for Children, Youth and Their Families are exempted from the provisions of this subsection. Students in the care or custody of the Department of Services for Children, Youth and Their Families shall attend schools in the district in which they are currently residing, regardless of their parent’s place of residence.”
Section 2. Amend §202, Title 14 of the Delaware Code, to add a new subsection (f) to read as follows:
“(f)(1) An Establishment of Delegation of Power to Relative Caregivers to Consent for Registering Minors for School shall include, at a minimum, the name and date of birth of the student, an affidavit signed by the caregiver that the caregiver is 18 years of age or older and that the student resides with the caregiver; names and signatures of mother, father, custodian and guardian when available, or a statement of reasonable effort to locate mother, father, guardian, and custodian based on criteria set forth in the regulations; name of caregiver; relationship of the caregiver to student documented by proof of relationship as defined by regulation; and the dated signature of the caregiver. The signature of the caregiver shall be notarized. Any school district that reasonably and in good faith relies on this affidavit has no obligation to make any further inquiry or investigation. This affidavit is valid for up to one year unless the minor no longer resides in the caregiver’s home or if the mother, father, guardian, or custodian revokes their approval.
(2) A relative caregiver is an adult who, by blood, marriage or adoption, is the great grandparent, grandparent, great aunt, aunt, great uncle, uncle, step grandparent, step parent, brother, sister, step brother, step sister, half brother, half sister, niece, nephew, first cousin or first cousin once removed but who does not have custody or legal guardianship of the student.
(3) The registration of a student for school by the student’s relative caregiver, based upon an Establishment of Delegation of Power to Relative Caregivers to Consent for Registering Minors for School shall be honored by any school in any school district.
(4) Persons who knowingly make false statements in this Establishment shall be subject to a civil penalty of a maximum of $1,000 per student. Justices of the peace shall have jurisdiction in these cases.
(5) The Department of Health and Social Services shall be authorized to promulgate regulations to implement this law.”