{"data":{"id":"us-de/13-del.-c.-726a","jurisdiction":"us-de","citation":"13 Del. C. § 726A","heading":"Sexual abuse without a criminal conviction.","body":"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:\n(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;\n(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\n(3) Any testimony by a certified mental health professional who is the therapist for the sexually abusive parent.","path":["Title 13. Domestic Relations","CHAPTER 7A. Child Protection From Domestic Violence and Sex Offenders Act","Subchapter II. Child Protection From Sex Offenders Act"],"source_url":"https://delcode.delaware.gov/title13/c007a/sc02/index.html#726A","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:16Z","sha256":"87bac5d91401eac95bd7420e7f0b7f5981b67ecc09c6457c9973d923643447a8","source_id":"us-de","stale":true,"prev":"us-de/13-del.-c.-725a","next":"us-de/13-del.-c.-727a"},"notice":"GroundRules: Original legal text. Not legal advice."}