About Kids Laws

General information about Juvenile Code

A person alleged to have committed a crime or infraction before he or she reaches 16 years of age appears before a juvenile judge for a hearing. If the juvenile is found to be delinquent, the judge tries to issue an order that balances the needs of the juvenile with the protection of the public. The emphasis is on trying to rehabilitate the juvenile before he or she reaches age 16.

If a crime is a particularly serious felony and is committed by a juvenile 13 yeas of age or older, the case may be tried in superior court as in the case of an adult. All adult penalties and rules would apply.

What is a felony?

A felony is a crime that:

Was a felony at common law (the English law brought to the colonies and adopted here),
Is or may be punishable by death,
Is or may be punishable by imprisonment in the State's prison, or
Is stated to be a felony by statute.

What is a misdemeanor?

Any other crime is a misdemeanor.

What is an infraction?

An infraction is a non-criminal violation of law (for example, failing to wear a seat belt when the law requires). An infraction is not punishable by imprisonment. The penalty for a person found responsible for an infraction is a fine which is not more than one hundred dollars ($100.00). The proceeds of penalties for infractions are payable to the county in which the infraction occurred for the use of the public schools.

Teens Rights on the Job
Information provided by the Delaware Department of Labor, Division of Industrial Affairs, Office of the Attorney General and the Delaware Law Related Education Center, Inc.

Joining the Job Force - The minimum age for employment in Delaware is fourteen (14) years. Anyone under the age of eighteen (18) must have a work permit on file with their employer. Those under eighteen (18) years of age must get a new work permit when changing employers. Anyone who works more than five (5) consecutive hours MUST be given at least a thirty (30) minute break by the employer.

Hours of Work - Ages 14 and 15

May not work during school hours
May not work more than:
o Four (4) hours on a school day
o Eight (8) hours on a non-school day
o Eighteen (18) hours in a week when school is in session for five (5) days
o Forty (40) hours a week when school is not in session
o Six (6) days in any week
May work 7:00 a.m. to 7:00 p.m. except from June 1st to Labor Day when they may work from 7:00 a.m. to 9:00 p.m.

Hours of Work - Ages 16 and 17

Work and school hours combined cannot exceed more than twelve (12) hours per day
Must have eight (8) consecutive hours free from work and school in a 24-hour period of time

Prohibited Jobs - Those jobs listed below are only examples of prohibited jobs. Contact the Delaware Department of Labor for a complete list of prohibited occupations.

Anyone under the age of 18 shall not be employed or permitted to work in, near, or in connection with:

Meat slicers
Demolition projects
Tunnels or excavations over 4 feet deep\
The erection and/or repair of electrical wires
Transportation of persons or property

In addition, anyone under the age of 16 shall not be employed or permitted to work in,
near, or in connection with:

The operation, cleaning, or adjusting of any power-driven machinery, appliances or tools
Deep fat fryers
Cooking (call for exceptions)
Grinders, food choppers, cutters, pressure cookers, and steamers
Loading or unloading trucks
Warehousing and storage
Communications and public utilities
Processing goods
All work requiring scaffolding and ladders
Freezers and meat coolers (call for exceptions)

Work permits are available at the following locations:

All Delaware public high schools and middle schools
Some school district offices
Department of Labor offices in Wilmington, Dover, Milford and Georgetown

For further information about teens' rights on the job, contact:

Delaware Department of Labor - Office of Labor Law Enforcement
o Wilmington - (302) 761-8200
o Milford - (302) 422-1394