Back to Delaware

HB341 • 2025

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT.

Children
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Chukwuocha
Last action
2026-06-30
Official status
Passed 6/30/26
Effective date
Not listed

Plain English Breakdown

The official bill text uses placeholders like '[effective date of this Act]' instead of a specific calendar date, so the exact day the law starts is unknown.

HB341: Changes to Child Support Rules for Children in State Care

This bill changes Delaware law so parents are usually not required to pay child support when their children live with the state, unless a court decides payment will help them reunite.

What This Bill Does

  • Creates a rule that parents do not have to pay for care of children in DSCYF services by default.
  • Allows Family Court judges to order payments only if they find it helps parent and child reunification.
  • Requires any ordered support amounts to be based on the person's ability to pay money.
  • Lets the state collect owed funds through court actions or other legal methods.
  • Sends all collected fees into the General Fund of Delaware.

Who It Names or Affects

  • Parents whose children are committed to DSCYF services
  • The Family Court judges who decide on support orders
  • The Department of Services for Children, Youth and Their Families (DSCYF)

Terms To Know

Presumption
A rule that assumes something is true unless proven otherwise.
Reunification
The process of returning a child to live with their parents again.
DSCYF
Department of Services for Children, Youth and Their Families.

Limits and Unknowns

  • The bill only applies to costs that happen after the law officially starts.
  • It does not change any support payments or debts from before the effective date.
  • The specific start date for this rule is listed as a placeholder in the text.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Chukwuocha

Passed 6/18/26

Plain English: This amendment changes the law so that child support for children in state care is calculated using a specific formula instead of agency rules.

  • It adds Section 514 of Title 13 to the list of laws used to determine child support amounts.
  • The text does not explain exactly how the new calculation method differs from the old one.
  • The amendment only changes which law is cited, so it relies on other parts of the bill for full details.

Bill History

  1. 2026-06-30 Delaware General Assembly

    Passed By Senate. Votes: 21 YES

  2. 2026-06-25 Delaware General Assembly

    Reported Out of Committee (Finance) in Senate with 4 On Its Merits

  3. 2026-06-24 Delaware General Assembly

    Reported Out of Committee (Health & Social Services) in Senate with 6 On Its Merits

  4. 2026-06-24 Delaware General Assembly

    Assigned to Finance Committee in Senate

  5. 2026-06-18 Delaware General Assembly

    Amendment HA 1 to HB 341 - Passed In House by Voice Vote

  6. 2026-06-18 Delaware General Assembly

    Passed By House. Votes: 39 YES 2 ABSENT

  7. 2026-06-18 Delaware General Assembly

    Assigned to Health & Social Services Committee in Senate

  8. 2026-06-16 Delaware General Assembly

    Reported Out of Committee (Appropriations) in House with 6 On Its Merits

  9. 2026-04-16 Delaware General Assembly

    Amendment HA 1 to HB 341 - Introduced and Placed With Bill

  10. 2026-04-16 Delaware General Assembly

    Assigned to Appropriations Committee in House

  11. 2026-04-15 Delaware General Assembly

    Reported Out of Committee (Health & Human Development) in House with 2 Favorable, 11 On Its Merits

  12. 2026-04-09 Delaware General Assembly

    Introduced and Assigned to Health & Human Development Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT.
This Act creates a presumption that parents are not liable for the care, maintenance, and support of children committed to DSCYF, or admitted to a service provided by DSCYF. The Family Court may order child support payments only if child support will not pose a barrier to parent reunification.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Chukwuocha & Sen. Brown

Reps. Griffith, Burns, K. Johnson, Ross Levin, Snyder-Hall, Harris

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 341

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 9019, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 9019. Liability for maintenance of children in care of Department; collection remedies.

(a)

Any

A

person liable for the support of a child under any law of this State

shall be

is not

liable for the care,

maintenance

maintenance,

and support furnished to a child committed or admitted to any service provided by the Department of Services for Children, Youth and Their

Families.

Families, unless the Family Court finds that care, maintenance, and support payments will not pose a barrier to proposed reunification efforts.

(b)

The

If the Family Court finds a person is liable for care, maintenance, and support of a child under subsection (a) of this section, the

Department of Services for Children, Youth and Their Families may collect from

any such

the

person all moneys necessary to discharge and pay all liability of

such

the

child for the child’s care,

maintenance

maintenance,

and support; provided, however, that such liability is based upon ability to pay and in accordance with § 7940 of this title.

(c) The Department of Services for Children, Youth and Their Families may also proceed for the recovery of the moneys necessary for care,

maintenance

maintenance,

and support in an action to be brought in any court of competent jurisdiction in the name of the Department.

(d) All fees collected under this section shall be deposited into the General Fund.

Section 2. This Act applies to care, maintenance, or support liabilities incurred after the [effective date of this Act] and does not affect the collection, payment, or imposition of liabilities incurred prior to [the effective date of this Act].

SYNOPSIS

This Act creates a presumption that parents are not liable for the care, maintenance, and support of children committed to DSCYF, or admitted to a service provided by DSCYF. The Family Court may order child support payments only if child support will not pose a barrier to parent reunification.