Delaware § 704 - Jurisdiction over certain children; notice that child has been taken into custody.

Full text of Delaware Delaware Code § 704 — Jurisdiction over certain children; notice that child has been taken into custody., with citation guidance and answers to common questions.

§ 704. Jurisdiction over certain children; notice that child has been taken into custody.

(a) Justices of the peace shall have jurisdiction over a child 16 or 17 years of age or older charged with having violated this title, except as provided in § 927 of Title 10 and except when said child is charged with having violated 1 or more of the offenses specified in § 927 of Title 10 and, in the same incident, is charged with having violated other Title 21 offenses not specified in § 927 of Title 10, in which event the entire case shall be heard in the Family Court.

(b) Justices of the peace and arresting officers shall conform to the procedure for advising the accused of all rights of election of trial in the Court of Common Pleas as provided in § 5901 of Title 11.

(c) Section 703 of this title shall also be applicable to all alleged offenders.

(d) Justices of the peace shall adhere to the procedures, where applicable, as specified in Chapter 9 of Title 10, for offenders over whom they have jurisdiction pursuant to this section.

(e) Any peace officer having taken a child into custody or any justice of the peace before whom said child is brought by a peace officer shall make a reasonable attempt to notify the person having the care of the child that the child has been taken into custody.

(f) The jurisdiction of the Family Court in matters involving the violation of this title by children 16 years of age or over is hereby terminated, with the exception of those offenses over which the Family Court has expressly retained jurisdiction under § 927 of Title 10 and except for such actions for the violation of this title which were commenced prior to August 5, 1976.

21 Del. C. 1953, §  704A;  58 Del. Laws, c. 115, §  1;  58 Del. Laws, c. 273;  60 Del. Laws, c. 708, §§  4, 5;  63 Del. Laws, c. 326, §  1;  71 Del. Laws, c. 176, §§  28, 29; 

Source: official Delaware text · Last verified 2026-08-27

Frequently Asked Questions About Delaware § 704

What does Delaware Code § 704 cover?

Section 704 ("Jurisdiction over certain children; notice that child has been taken into custody.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Delaware § 704?

A common citation format is "Delaware Code § 704" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Delaware law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.

How does Delaware § 704 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.