Delaware 153rd General Assembly (2025-2026) Status: In Committee Bipartisan · 7 R · 4 D cosponsors

SB 79 — AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO TERMINATION OF PARENTAL RIGHTS AND ADOPTION PROCEEDINGS.

Last action — Adopted in lieu of the original bill SB 79, and Assigned to Finance Committee in Senate

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced May 13, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Prognosis

Advancing 42% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 12 sponsors

    12 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 R · 4 D) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act creates a right to free legal counsel for certain relatives seeking to terminate parental rights and adopt a child in the relative’s family who has been in the custody of the Department of Services for Children, Youth and Their Families (“Department”). The right to free legal counsel applies at all stages of the termination of parental rights proceedings, including any appeals. This Act also requires the Department or a licensed agency with which the Department contracts to prepare and file the social study and report required as part of the termination of parental rights and adoption proceedings at no cost to the relative. To qualify for free legal counsel, all of the following must be true: 1. The petitioner must be a relative of the child. Relative means as defined in § 1101 of Title 13. 2. The petitioner has guardianship of the child who is the subject of the termination of parental rights and adoption petitions. 3. The guardianship order was entered in favor of the petitioner when the child was in Department custody and is in effect throughout the termination of parental rights and adoption proceedings. 4. The petitioner filed the guardianship petition that resulted in the guardianship order on or after July 1, 2026. 5. The Family Court determines that the petitioner is indigent. This Act is a substitute for and differs from Senate Bill No. 79 in 2 ways. First, it adds an indigency requirement that the petitioner must meet to qualify for free legal counsel in termination of parental rights and adoption proceedings. Second, it provides that free legal counsel for guardians seeking termination of parental rights and adoption is only available if the underlying petition for guardianship of the child is filed on or after July 1, 2026, when this Act goes into effect.

Bill Text

Action History

  1. Adopted in lieu of the original bill SB 79, and Assigned to Finance Committee in Senate

Sponsors

Sponsorship breakdown

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12 sponsors · 0 co-sponsors · 50 not signed on

Sponsors (12)

Co-sponsors (0)

None.

Not signed on (50)

50 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 79 do?
This Act creates a right to free legal counsel for certain relatives seeking to terminate parental rights and adopt a child in the relative’s family who has been in the custody of the Department of Services for Children, Youth and Their Families (“Department”). The right to free legal counsel applies at all stages of the termination of parental rights proceedings, including any appeals. This Act also requires the Department or a licensed agency with which the Department contracts to prepare and file the social study and report required as part of the termination of parental rights and adoption proceedings at no cost to the relative. To qualify for free legal counsel, all of the following must be true: 1. The petitioner must be a relative of the child. Relative means as defined in § 1101 of Title 13. 2. The petitioner has guardianship of the child who is the subject of the termination of parental rights and adoption petitions. 3. The guardianship order was entered in favor of the petitioner when the child was in Department custody and is in effect throughout the termination of parental rights and adoption proceedings. 4. The petitioner filed the guardianship petition that resulted in the guardianship order on or after July 1, 2026. 5. The Family Court determines that the petitioner is indigent. This Act is a substitute for and differs from Senate Bill No. 79 in 2 ways. First, it adds an indigency requirement that the petitioner must meet to qualify for free legal counsel in termination of parental rights and adoption proceedings. Second, it provides that free legal counsel for guardians seeking termination of parental rights and adoption is only available if the underlying petition for guardianship of the child is filed on or after July 1, 2026, when this Act goes into effect.
Who sponsors SB 79?
SB 79 is sponsored by Stell Parker Selby, Michael F. Smith (Republican), Bryan W. Shupe (Republican), Ray Seigfried (Democratic), Ronald E. Gray (Republican), Bryant L. Richardson (Republican), Spiros Mantzavinos (Democratic), Dave G. Lawson (Republican), Claire Snyder-Hall (Democratic), Franklin D. Cooke (Democratic), Valerie Jones Giltner (Republican), and David L. Wilson (Republican).
What is the current status of SB 79?
This bill is in committee in the Senate. Introduced May 13, 2025. It must pass committee before a floor vote.
Where can I track SB 79?
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