Delaware HB133: What Child Care Owners Should Know About Judgments

Most Delaware child care owners don't realize that a new state law has quietly changed how long they can collect on a criminal judgment if their business is ever the victim of a crime.

The change is buried in HB133, titled "An Act To Amend Title 11 Of The Delaware Code Relating To Fines, Fees, Restitution, And Other Court-related Monetary Obligations." It takes effect 180 days after enactment under Section 2 of the bill.

What Changed

Under the new rule in Section 1, § 4101(b)(5), criminal judgments are now treated differently depending on what they contain. Here's why that matters:

When a child care center is victimized by theft, embezzlement, or another crime, the court may award a mixed judgment—meaning it includes both restitution (money the offender owes directly to the victim) and fines or fees (money owed to the state). Before HB133, the entire judgment was treated as one collectible debt.

Now, the fines-and-fees portion of that judgment will expire under Title 10 § 4711 and must be renewed to remain enforceable. The restitution portion—the money owed directly to your business—remains perpetually enforceable with no expiration date.

In practical terms: if you hold a $50,000 judgment that includes $35,000 in restitution and $15,000 in fines and fees, only the $35,000 portion stays collectible indefinitely. The $15,000 portion will expire unless you take steps to renew it.

Who This Affects

This applies specifically to child care businesses (or any small business) that:

• Are the victim of a crime and receive a criminal judgment
• That judgment includes both restitution and court-related fines or fees
• Want to collect the full judgment amount over time

It does not affect judgments that are purely restitution, or civil lawsuits between businesses.

What You Should Do

If your child care center currently holds a mixed criminal judgment, or receives one after the law takes effect, you should:

• Review the judgment carefully to identify the restitution portion versus fines and fees
• Understand the expiration timeline for the fines-and-fees portion under Title 10 § 4711
• Work with your attorney or accountant to plan for renewal if you intend to collect the full amount

The change is effective 180 days after HB133 becomes law. If you received a judgment before that date, you may want to confirm with legal counsel whether the new rules apply to your specific case.

For more detailed guidance tailored to your child care business's situation, consult a Delaware business attorney or your trade association.