Del. Code tit. 13 § 726A

Current through 2024 Legislative Session Act Chapter 494

Section 726A - Sexual abuse without a criminal conviction

In the absence of a criminal conviction, if the court finds by a preponderance of the evidence that a parent has sexually abused a child, the court shall prohibit all visitation and contact between that parent and the child, until it considers testimony from a certified mental health professional who is the therapist for the child, as to whether such a custodial, residential or visitation arrangement is in the child's best interests. If a custodial, residential or visitation arrangement is in the child's best interests, in determining same, the court should consider all relevant factors including:

(1) Whether the abusive parent has successfully completed a treatment program of evaluation and counseling that is specifically designed for sexual abusers and is conducted by a public or private agency or a certified mental health professional, and as a result, does not pose a risk to children;

(2) Whether the abusive parent has successfully completed a program of alcohol or drug abuse counseling if the court determines such counseling is appropriate; and

(3) Any testimony by a certified mental health professional who is the therapist for the sexually abusive parent.

13 Del. C. § 726A

76 Del. Laws, c. 174, § 6.;