Delaware 151st General Assembly (2021-2022) Status: Enacted 3 D cosponsors

HB 417 — AN ACT TO AMEND TITLES 10, 13, 16 AND 29 OF THE DELAWARE CODE RELATING TO ENFORCEMENT OF FAMILY COURT CUSTODY ORDERS.

Last action — Signed by Governor

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

This bill has been enacted into law. Introduced May 10, 2022. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    2 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

In cases where the Family Court finds that there are sufficient grounds to order the removal of a child from their home and the Family Court orders custody of the child to the Division of Family Service (DFS), DFS often partners with law enforcement to enforce the order. There have been rare cases where a parent or legal guardian refuses to respond to DFS and law enforcement’s attempts to enforce the order to take custody of the child, resulting in uncertainty and a heightened concern for the child’s safety. Currently, it is unclear under the Delaware Code whether law enforcement is authorized to enter private property to enforce a Family Court custody order, even after all other avenues and strategies have been exhausted by DFS and law enforcement. The Act clarifies that a law enforcement officer has the authority to enter private property to enforce a Family Court custody order. It also specifies that in private (non-DFS) custody cases, law enforcement has the authority to enter private property to take custody of a child when the Family Court custody order requests the assistance of law enforcement. The Act does not require that law enforcement enter private property to take custody of a child.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 20 YES 1 NO

  3. Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits

  4. Assigned to Judiciary Committee in Senate

  5. Passed By House. Votes: 37 YES 4 ABSENT

  6. Reported Out of Committee (Judiciary) in House with 4 Favorable, 4 On Its Merits

  7. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

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2 sponsors · 6 co-sponsors · 54 not signed on · 1 voted No

Sponsors (2)

Not signed on (54)

54 members have not signed on to this bill.

Show all 54 →

"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

Votes

SM

Passed 20 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 10100
Republican 5000
Total 20100
% of votes cast 95%5%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Nay
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 14002
Republican 10002
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Charles "Bud" M. Freel — Yea
David Bentz — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Not Voting
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Not Voting
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Not Voting
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Not Voting
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 417 do?
In cases where the Family Court finds that there are sufficient grounds to order the removal of a child from their home and the Family Court orders custody of the child to the Division of Family Service (DFS), DFS often partners with law enforcement to enforce the order. There have been rare cases where a parent or legal guardian refuses to respond to DFS and law enforcement’s attempts to enforce the order to take custody of the child, resulting in uncertainty and a heightened concern for the child’s safety. Currently, it is unclear under the Delaware Code whether law enforcement is authorized to enter private property to enforce a Family Court custody order, even after all other avenues and strategies have been exhausted by DFS and law enforcement. The Act clarifies that a law enforcement officer has the authority to enter private property to enforce a Family Court custody order. It also specifies that in private (non-DFS) custody cases, law enforcement has the authority to enter private property to take custody of a child when the Family Court custody order requests the assistance of law enforcement. The Act does not require that law enforcement enter private property to take custody of a child.
Who sponsors HB 417?
HB 417 is sponsored by Kyle Evans Gay, Krista Griffith (Democratic), Debra Heffernan (Democratic), Kimberly Williams (Democratic), Stephen Smyk, Valerie Longhurst, Paul S. Baumbach, and Bruce C. Ennis.
What is the current status of HB 417?
This bill has been enacted into law. Introduced May 10, 2022. Enacted.
Where can I track HB 417?
Track HB 417 free on One Click Politics — get push/email alerts when it moves.

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