13 Del. C. § 726A
This is the official text of 13 Del. C. § 726A, part of Delaware’s Del. C — part of the compiled statutory law of Delaware, published by the state as "Del. C." Browse the sections below, each linked to its official government source.
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§ Â 726A. Sexual abuse without a criminal conviction.
Official statutory text
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.
(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.
Status: in_force · Read it on the official government site
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