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HB 341

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

153rd General Assembly (2025-2026) Introduced by Darius Brown and 7 co-sponsors

Presumes parents are not financially liable for children in state custody, with a Family Court exception if payments won’t impede reunification.

Passed By Senate. Votes: 21 YES
0
WeVote Research Nonpartisan
Bill Summary · HB 341

Summary of HB 341 (Session 153, Delaware)

Purpose

HB 341 amends Title 29 of the Delaware Code to govern child support obligations for children in the custody or care of the Department of Services for Children, Youth and Their Families (DSCYF). The bill creates a presumption that parents are not financially liable for the care, maintenance, and support of children in state custody unless the Family Court determines that requiring such payments would not impede or would not hinder reunification efforts. In other words, it shifts the default for children in state care toward non-liability for parental child support, with a narrowly defined exception process.

Key Provisions and Changes

  • Presumption of non-liability for state-placed children: Under the bill, parents would generally be presumed not financially responsible for the care of children who are in DSCYF custody.
  • Family Court exception for reunification: The Family Court can override the presumption only if it finds that requiring child support payments would not impede reunification efforts with the family.
  • Current DSCYF collections phased out unless exception applies: Presently, DSCYF collects child support from parents for children in state care, with approximate annual collections around $140,000, deposited into DSCYF’s Trust Fund and used by the Division of Family Services. The bill would significantly limit or halt these collections except in cases where reunification is not adversely affected.
  • Funding implications: If the presumption becomes the rule, most current collections would likely be lost. The fiscal note indicates General Funds would be needed to offset the DSCYF funding loss due to diminished collections.
  • Effective date: The Act would become effective upon signature by the Governor.

Who is Affected

  • Children in DSCYF custody: The primary beneficiaries of the presumption that parents are not liable for child support, subject to reunification considerations.
  • Parents of children in state care: Their typical child support obligations would be restricted, with a potential requirement only if the Family Court determines reunification would not be impeded.
  • DSCYF and the State Budget: The agency’s ability to collect child support income would be reduced, potentially necessitating General Funds to cover the shortfall.
  • Family Court: Given the exception, it would retain authority to determine whether temporary child support obligations could apply in reunification scenarios.

Procedural and Timeline Aspects

  • Legislative history: Introduced and assigned to Health & Human Development Committee (April 9, 2026); reported out of committee with favorable recommendations (April 15, 2026); amended (HA 1) and placed with bill (April 16, 2026); subsequently assigned to Appropriations Committee.
  • Fiscal note: Prepared by the Office of the Controller General. Projects ongoing annual revenue loss of approximately $140,000 ( Fiscal Years 2027–2029) absent the reform, reflecting the expected reduction in DSCYF child support collections.
  • Implementation: Effective upon gubernatorial signature.

Summary of Impact

  • The bill shifts child support policy for children in state care toward non-liability for most cases, prioritizing reunification needs.
  • There is a notable potential fiscal impact due to reduced child support collections, requiring General Fund appropriations to compensate for the loss in DSCYF revenue.
  • The Family Court retains limited control by determining whether reunification would be impeded and thus whether a child support obligation could apply in specific cases.

If you’d like, I can add a brief comparison to current law or outline potential questions for further committee discussion.

Compiled from official sources — confirm details with the bill’s official record.

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