The Delaware State Courts will be closed on Thursday, November 28 and Friday, November 29, 2024 for Thanksgiving. Justice of the Peace Court 11 (New Castle County) and Court 7 (Kent County) will remain open 24 hours and Justice of the Peace Court 3 (Sussex County) will be open from 6AM – 12AM (no new cases after 11:00PM).

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Family Court Truancy Court


Visiting Teacher Information - Please use this Truancy Affidavit to file.

Once you submit your affidavit, your case will be screened to determine if jurisdiction will be in Family Court or JP Court. Cases with pending delinquency charges or civil matters related to the student will come under the jurisdiction of Family Court.

If it is determined that your case should be under the jurisdiction of Family Court, you will receive Form 588 – Truancy Order to Disclose AND you will also need to complete Form 669 – District Interventions. Please include a copy of Form 588 – Truancy Order to Disclose along with your Form 669 - District Interventions information, and submit to the DAG in your county and ODS, or other defense attorney (if either is representing a defendant in your case)

Student and Parent Information

Welcome to Truancy Court. If you have entered a plea of or been found "guilty" of truancy (failure to send a child to school) or if you have entered a plea of or been found "responsible" of truancy (failure to attend school), you are now active in the "case review" portion of the Truancy Court intervention process.

Most of our hearings for Truancy Court will be virtual. Please visit our Zoom page for more information on virtual hearings.

Understanding the Truancy Process in Family Court

For helpful information to guide you through your case, please review Understanding the Truancy Process in Family Court .

Your First Court Appearance

  • Your first appearance in Truancy Court is an arraignment. The truancy charge will be explained, and you will be asked to enter a plea of "guilty" or "not guilty" (for adults) or "responsible" or "not responsible" (for juveniles).
  • If you plead "not guilty" or "not responsible, your case will be scheduled for trial.

After Arraignment/Trial

  • If you enter a plea of "guilty" or "responsible" at arraignment or are found "guilty or "responsible" at trial, your case will enter the "case review" process.
  • The purpose of the "case review" is to identify why a child is not attending school and work with the child and family to solve the problems.
  • Following each "case review," the parent and/or child will be provided with a list of "bond conditions." All defendants are required to comply with all Court-ordered conditions.
  • Bond orders include the date, time, and location of the next "case review."
  • If you achieve "full compliance" with the Court, the original truancy charge will be cleared (expunged) from your record.

How the Case Review Process Works

A "case review" is a special hearing that usually occurs every 4-5 weeks. It is unique to Truancy Court. It serves the following purposes:

  • It provides a place where the student, Visiting Teacher, family, and Judge can figure out why a child is not attending school and develop a plan to address those obstacles.
  • It is when the Judge will order special conditions for the student and/or family, such as counseling or tutoring.
  • It is when the Judge reviews whether the student/family is following the Court's orders.

Making the Truancy Court Experience Work for You

  • Maintain contact with the Visiting Teacher (VT). Your VT can help you with issues at school and in finding resources for your child.
  • Maintain contact with the Court. Truancy Court is structured to provide a setting where family supports and other resources can be identified and work together.
  • The Truancy Case Manager is available to answer any questions you might have.