Abuse of Children

Del. Code tit. 16, ch. 9
in effect

Del. Code tit. 16, § 901 Purpose.

The child welfare policy of this State serves to advance the best interests and secure the safety of the child, while preserving the family unit whenever the safety of the child is not jeopardized. The child welfare policy of this State extends to all child victims, whether victims of intrafamilial or extrafamilial child abuse, neglect, or human trafficking. To that end this chapter, among other things, does all of the following: (1) Provides for comprehensive, multidisciplinary investigative and protective services for abused and neglected children and children who are victims of suspected human trafficking. (2) Mandates that reports of child abuse, neglect, or suspected human trafficking be made to the appropriate authorities. (3) Requires various agencies in Delaware’s child protection system to work together to ensure the safety of children who are the subject of reports of abuse, neglect, or suspected human trafficking by conducting coordinated multidisciplinary investigations where required, judicial proceedings and family assessments, and by providing necessary services. (4) Provides for the protection of children in facilities or organizations primarily concerned with child welfare and care that are required to be licensed under Delaware law by requiring the Delaware Department of Justice to notify any such facility where an employee of, or other person associated with, the facility has been charged with or convicted of an offense involving child sexual abuse, exploitation, or human trafficking.

Del. Code tit. 16, § 902 Definitions.

As used in this chapter: (1) “Abuse” or “abused child” means as defined in § 901 of Title 10. (2) “Animal cruelty” means engaging in “cruelty to animals” under § 1325 of Title 11. (3) “Baby” means a child not more than 14 days old, except that for a safe haven under § 907A(b) of this title and the safe haven’s employees and volunteers, “baby” means a child reasonably believed to be not more than 14 days old. (4) “Child” means any person who has not reached that person’s own eighteenth birthday. (5) “Child Protection Registry” or “Registry” means a collection of information as described in subchapter II of this chapter about persons who have been substantiated for abuse or neglect as provided in subchapter II of this chapter or who were substantiated between August 1, 1994, and February 1, 2003. (6) “Children’s advocacy center” means a child forensic interviewing center that employs best practices by applying and adhering to nationally recognized standards, and assists in the response to multidisciplinary cases. (7) “Child welfare proceeding” means any Family Court proceeding and subsequent appeal therefrom involving custody, visitation, guardianship, termination of parental rights, adoption or other related petitions that involve a dependent, neglected or abused child or a child at risk of same as determined by the Family Court. (8) “Conviction” or “convicted” means entry of a plea of guilty or nolo contendere, regardless of whether the plea was subsequently discharged or dismissed under the first offenders domestic violence diversion program pursuant to § 1024 of Title 10, or under the first offenders controlled substances diversion program pursuant to § 4767 of this title, or of a Robinson plea, or of a probation before judgment discharge without judgment of conviction notwithstanding the provisions of § 4218(g) of Title 11, or a finding of guilt after trial, or a finding of not guilty after trial as a result of the defense of mental disease or defect pursuant to Title 11, or adjudication of delinquency for conduct which if committed by an adult, would constitute a crime; or “conviction” or “convicted” under similar proceedings of another state, territory or jurisdiction. (9) “Death” means the loss of life of a child. (10) “Department” means the Department of Services for Children, Youth and Their Families. (11) “Director” means the Director of the Division of Family Services or the Director of the Division of Management Support Services of the Department of Services for Children, Youth and Their Families. (12) “Division” means the Division of Family Services of the Department of Services for Children, Youth and Their Families. (13) “Extrafamilial child abuse or neglect” means child abuse or neglect committed by an individual who is not a member of the child’s family or household, but does not include institutional child abuse or neglect. (14) “Family assessment and services” means a case management approach by the Division of Family Services that provides for a prompt assessment of a child and the child’s family and the circumstances of the reported incident, including the known history of the child or the alleged perpetrator, when there has been a report to the Department that the child was a victim of abuse or neglect, or at risk of maltreatment by a person responsible for that child’s care, custody or control. Family assessment and services shall be used in conjunction with the investigation approach defined in paragraph (21) of this section but may not supplant it in circumstances which require an investigation. The family assessment response shall focus on the integrity and preservation of the family and shall assess the status of the child and the family in terms of the risk of abuse and neglect and, if necessary, plan and provide for the provision of community-based services to reduce the risk and to otherwise support the family. (15) “Good faith” shall be presumed in the absence of evidence of malice or wilful misconduct. (16) “Human trafficking” means as defined in § 787 of Title 11. (17) “Institutional Abuse Investigation Unit” means the unit within the Department that investigates allegations of institutional child abuse and neglect. (18) “Institutional child abuse or neglect” means as defined in § 901 of Title 10. (19) “Internal information system” means the Department’s system of maintaining information related to all reports of abuse, neglect, investigations, family assessments, services and other relevant information. (20) “Intrafamilial child abuse or neglect” means as defined in § 901 of Title 10. (21) “Investigation” means the collection of evidence in response to a report of abuse, neglect, or risk of maltreatment of a child by a person responsible for that child’s care, custody or control in order to determine if a child has been abused, neglected, or is at risk of maltreatment. The Department shall develop protocols for its investigations that focus on ensuring the well-being and safety of the child. The Department may conduct an investigation in response to any report of abuse, neglect, or risk of maltreatment but shall conduct an investigation as enumerated under § 906(e)(3) of this title. (22) “Investigation Coordinator” means an attorney licensed to practice law in this State employed by the Office of the Child Advocate, who is authorized to independently track each reported case of alleged child abuse or neglect within the Department’s internal information system and who is responsible for monitoring each reported case involving the death of, serious physical injury to, sexual abuse of, or suspected human trafficking of a child from inception to final criminal and civil disposition. (23) “Multidisciplinary case” means a comprehensive investigation by the multidisciplinary team for any child abuse or neglect report involving death, serious physical injury, physical injury, suspected human trafficking, torture or sexual abuse, which if true, would constitute a criminal violation against a child, or an attempt to commit any such crime, even if no crime is ever charged. (24) “Multidisciplinary team” means a combination of the following entities as required by law to investigate or monitor multidisciplinary cases: the Division, the Department’s Institutional Abuse Investigation Unit, the appropriate law-enforcement agency, the Department of Justice, and the Investigation Coordinator. “Multidisciplinary team” may also include others deemed necessary for an effective multidisciplinary response, such as medical personnel, the Division of Forensic Science, a children’s advocacy center, the Division of Prevention and Behavioral Health Services, mental health experts, and the child’s attorney. (25) “Multidisciplinary tracking system” means an electronic system which the Investigation Coordinator utilizes to track and monitor each case involving the death, serious physical injury, sexual abuse, or suspected human trafficking of a child from inception to final criminal and civil disposition. (26) “Near death” means a child in serious or critical condition as a result of child abuse or neglect as certified by a physician. (27) “Neglect” means as defined in § 901 of Title 10. (28) “Physical injury” means as defined in § 1100 of Title 11. (29) “Report” means the communication of an allegation of child abuse, neglect, or suspected human trafficking to the Department pursuant to § 903 or § 905 of this title. (30) “Serious physical injury” means as defined in § 1100 of Title 11. (31) “Sexual abuse” means as defined in § 901 of Title 10. (32) “Special Investigator” means a Department employee, appointed by the Secretary, who performs abuse and neglect investigations and possesses additional qualifications and authority as defined by § 9016 of Title 29. (33) “Substantiation” means a finding by a preponderance of the evidence that abuse or neglect has occurred. (34) “Those responsible for the care, custody and control of the child” or “care, custody and control” means as defined in § 901 of Title 10.

Del. Code tit. 16, § 903 Reports required.

(a) Any person, agency, organization or entity who knows or in good faith suspects child abuse, neglect, or human trafficking shall make a report to the Department in accordance with § 904 of this title. While a person may also notify law enforcement for the purpose of rendering assistance to the child in question or investigating the cause of the child’s injuries or condition, the person is still required to report the suspected abuse to the Department. (b) The Department shall make information on the general disposition of the report available through the Department report line to the person who made the report.

Del. Code tit. 16, § 904 Nature and content of report; to whom made.

(a) A report of known or suspected child abuse, neglect, or human trafficking must be made orally by immediately contacting the Department’s report line for the following circumstances: (1) Sexual abuse or suspected human trafficking where the alleged perpetrator has access to the alleged victim. (2) Child death. (3) A child with a current physical injury. (4) A child who requires immediate medical attention or an immediate mental health evaluation. (5) A child who has no caregiver, is currently unsupervised, or is living in conditions that are immediately hazardous to the child’s health or safety. (b) A report of known or suspected child abuse, neglect, or human trafficking which does not meet the criteria in subsection (a) above, may be made orally or through the Department’s online reporting portal. (c) An individual with knowledge of child abuse, neglect, or human trafficking or knowledge that leads to a good faith suspicion of child abuse, neglect, or human trafficking may not rely on another individual who has less direct knowledge to call the aforementioned report line. (d) When 2 or more persons have joint knowledge of a known or suspected instance of child abuse, neglect, or human trafficking, the report may be made by 1 person with joint knowledge who was selected by mutual agreement of those persons involved. The report must include all persons with joint knowledge of the known or suspected instance of child abuse, neglect, or human trafficking at the time the report is made. Any person who has knowledge that the individual who was originally designated to report has failed to do so shall immediately make the report required under § 903 of this title.

Del. Code tit. 16, § 905 Telephone reports, Child Protection Registry and information.

(a) The Department shall establish and maintain a 24-hour statewide toll-free telephone report line operating at all times and capable of receiving all reports of alleged abuse and neglect of a child. (b) The Department shall maintain a Child Protection Registry and an internal information system. The Department shall keep unsubstantiated reports in the internal information system. (c) Every report of child abuse, neglect, or suspected human trafficking made to the Department shall be entered in the Department’s internal information system. (d) Upon receipt of a report on any multidisciplinary case, the Department shall notify the appropriate law-enforcement agency and shall provide a detailed description of the report received. Notwithstanding any provision of the Delaware Code to the contrary, to the extent the law-enforcement agency with primary jurisdiction over the case is unable to assist, the primary law-enforcement agency may request another law-enforcement agency with jurisdiction to exercise such jurisdiction. Upon request, the other law-enforcement agency may exercise such jurisdiction. (e) All persons who are licensed through the Delaware Division of Professional Regulation and the Department of Education who report child abuse, neglect, or suspected human trafficking under § 903 of this title must provide their name and address upon making the report. While other reporters may remain anonymous, the Department shall in all cases, after obtaining relevant information regarding alleged abuse, neglect, or suspected human trafficking request the name and address of any person making a report. (f) Upon receipt of a report, the Department shall immediately communicate such report to its appropriate staff, after a check has been made with the internal information system to determine whether previous reports have been made regarding actual or suspected abuse or neglect of the subject child, or any reports regarding any siblings, family members, or the alleged perpetrator, and such information as may be contained from such previous reports. Such relevant information as may be contained in the internal information system must also be forwarded to the appropriate Department staff. (g) Upon receipt of a report of death, serious physical injury, sexual abuse, suspected human trafficking of a child, or any other report requested by the Investigation Coordinator, the Department shall notify the Investigation Coordinator of the report, in sufficient detail to permit the Investigation Coordinator to undertake the Investigation Coordinator’s duties, as specified in § 906 of this title.

Del. Code tit. 16, § 906 State response to reports of abuse, neglect, or suspected human trafficking of a child.

(a) The State’s child protection system shall seek to promote the safety of children and the integrity and preservation of their families by conducting investigations or family assessments in response to reports of child abuse, neglect, or suspected human trafficking. The system shall endeavor to coordinate community resources and provide assistance or services to children and families identified to be at risk, and to prevent and remedy child abuse, neglect, and suspected human trafficking. (b) It is the policy of this State that the investigation and disposition of cases involving child abuse, neglect, or suspected human trafficking shall be conducted in a comprehensive, integrated, multidisciplinary manner that does all of the following: (1) Provides civil and criminal protections to the child and the community. (2) Encourages the use of collaborative decision-making and case management to reduce the number of times a child is interviewed and examined to minimize further trauma to the child. (3) Provides safety and treatment for a child and the child’s family by coordinating a therapeutic services system. (4) Requires a multidisciplinary team response for all multidisciplinary cases. The State, with assistance from the Child Protection Accountability Commission, shall implement a memorandum of understanding among agencies and entities to ensure implementation of the multidisciplinary response to such cases. (c) (1) In implementing the Investigation Coordinator’s role in the child protection system, the Investigation Coordinator, or the Investigation Coordinator’s staff, shall do all of the following: a. Have electronic access and the authority to track within the Department’s internal information system each reported case of alleged child abuse, neglect, or suspected human trafficking. b. Monitor each case involving the death of, serious physical injury to, sexual abuse of, or suspected human trafficking of a child from inception to final criminal and civil disposition, and provide information as requested on the status of each case to the Division, the Department, the Delaware Department of Justice, a children’s advocacy center, and the Office of Child Advocate. c. Within 5 business days of the receipt of a report concerning allegations of child abuse, neglect, or suspected human trafficking by a person known to be licensed or certified by a Delaware agency or professional regulatory organization, forward a report of such allegations to the appropriate Delaware agency or professional regulatory organization. d. Report every case involving the death or near death of a child due to abuse, neglect, or suspected human trafficking to the Department of Justice and the Child Protection Accountability Commission under §§ 932(a) and 932A(a) of this title and every case involving the death of a child to the Maternal and Child Death Review Commission. e. Provide information to the Child Protection Accountability Commission (CPAC), as requested by CPAC, regarding the status, trends, and outcomes of any case or cases of child abuse, neglect, or suspected human trafficking that are reported to the Department. Reports to CPAC may not disclose the identities of the child, alleged perpetrators, or others involved in the case or cases. f. Participate as a member of the multidisciplinary team for cases outlined in paragraph (c)(1)b. of this section, and keep the team regularly apprised of the status and findings of the Investigation Coordinator. g. Collaborate with the Office of Investigative Services during presentence investigations of defendants convicted of felony child abuse, endangering the welfare of a child, or death of a child and comply with any statutory mandates of the Office of Investigative Services under § 4331(e) and (f) of Title 11. (2) Except as otherwise provided in this subsection, all information and records received, prepared, or maintained by the Office of the Investigation Coordinator are confidential and exempt from the provisions of the Freedom of Information Act, Chapter 100 of Title 29. a. The disclosure of case-specific data and information to the multidisciplinary team is authorized to ensure a comprehensive, integrated, multidisciplinary response to child abuse cases. b. The disclosure of case-specific data and information to the Office of Investigative Services is authorized during presentence investigations of defendants convicted of felony child abuse, endangering the welfare of a child, or death of a child under § 4331 of Title 11. (3) The Investigation Coordinator, and the Investigation Coordinator’s staff, as state employees, are entitled to immunity in accordance with § 4001 of Title 10. (d) In implementing law-enforcement’s role in the child protection system, the law-enforcement agency investigating a report of child abuse, neglect, or suspected human trafficking shall do all of the following: (1) Report every case of child abuse, neglect, or suspected human trafficking to the Department as required under § 903 of this title. (2) Provide information as necessary to the Investigation Coordinator to permit case tracking, monitoring, and reporting by the Investigation Coordinator. (3) Notify the Department of Justice upon receipt of a report of death of, serious physical injury to, or suspected human trafficking of a child. (4) Notify the multidisciplinary team as to whether it will be exercising jurisdiction in the case, or will be requesting another law-enforcement agency with jurisdiction to exercise such jurisdiction. Upon request, the other law-enforcement agency may exercise such jurisdiction. (5) Promptly conduct a criminal investigation for any multidisciplinary case. (6) Coordinate with the multidisciplinary team to secure forensic interviews and medical examinations, where applicable, and to conduct interviews while considering the criminal investigation together with the Department’s statutory duties to promptly assess child safety. Absent good cause, children ages 3 through 12 must be interviewed in a children’s advocacy center. (7) Participate as a member of the multidisciplinary team, and keep the team regularly apprised of the status and findings of its investigation. (8) Comply with the reporting requirements to the Board of Medical Licensure and Discipline under §§ 1730(b)(2) and 1731A of Title 24, and to further report to the Board within 30 days of the closure of a criminal investigation or the arrest of a person who is licensed to practice medicine under Chapter 17 of Title 24. (9) Have the authority to enter private property to take physical custody of a child for the purpose of enforcing a Family Court order awarding custody of the child to the Department. Law enforcement shall have this authority even if not investigating a report of child abuse or neglect of the child. (10) Report any suspected animal cruelty to the Office of Animal Welfare. (e) In implementing the Department’s role in the child protection system, the Department shall do all of the following: (1) Receive and maintain reports under the provisions of §§ 903 and 905 of this title. (2) Forward reports to the appropriate Department staff, who shall determine, through the use of protocols developed by the Department, whether an investigation or the family assessment and services approach should be used to respond to the allegation. The protocols for making this determination shall be developed by the Department and shall give priority to ensuring the well-being and safety of the child. (3) Conduct an investigation on a multidisciplinary case that involves intrafamilial or institutional child abuse or neglect, suspected human trafficking of a child, or death of a child 3 years of age or less that appears to be sudden, unexpected, and unexplained. The Department may investigate any other report. (4) Report any suspected animal cruelty to the Office of Animal Welfare. (5) Ensure that every case involving the death or near death of a child due to abuse, neglect, or suspected human trafficking is reported to the Child Protection Accountability Commission and every case involving the death of a child to the Maternal and Child Death Review Commission. (6) Ensure that all cases involving allegations of child abuse, neglect, or suspected human trafficking by a person known to be licensed or certified by a Delaware agency or professional regulatory organization, have been reported to the appropriate Delaware agency or professional regulatory organization and the Investigation Coordinator in accordance with the provisions of this section. (7) Have authority to secure a medical examination of a child, and any siblings or other children in the child’s household without the consent of those responsible for the care, custody, and control of the child, if the child has been reported to be a victim of abuse, neglect, or suspected human trafficking; provided, that such case is classified as an investigation pursuant to paragraph (e)(3) of this section and the Director or the Director’s designee gives prior authorization for such examination upon finding that such examination is necessary to protect the health and safety of the child. If such a medical examination is authorized under this section, the Department is authorized to transport the child to the medical examination. Medical examinations under this paragraph are covered under § 3557 of Title 18. (8) At a minimum, investigate the nature, extent, and cause of the abuse or neglect; collect evidence; identify the alleged perpetrator; determine the names and condition of other children and adults in the home; assess the home environment, the relationship of the subject child to the parents or other persons responsible for the child’s care, and any indication of incidents of physical violence against any other household or family member; perform background checks on all adults in the home; and gather other pertinent information. (9) In the family assessment and services approach, assess service needs of the family from information gathered from the family and other sources. The Department shall identify and provide for services for families where it is determined that the child is at risk of abuse or neglect. The Department shall document its attempt to provide voluntary services and the reasons these services are important to reduce the risk of future abuse or neglect. If the family refuses to accept or avoids the proffered services, the Department may refer the case for investigation or terminate services. (10) Commence an immediate investigation if at any time during the family assessment and services approach the Department determines that an investigation as delineated in paragraph (e)(3) of this section is required or is otherwise appropriate. The Department staff who have conducted the assessment may remain involved in the provision of services to the child and family. (11) Conduct a family assessment and services approach on reports initially referred for an investigation, if it is determined that a complete investigation is not required. The reason for the termination of the investigative process must be documented. (12) Assist the child and family in obtaining services, if at any time during the investigation it is determined that the child or any member of the family needs services. (13) Identify local services and ongoing medical needs, and assist with access to those services for children and families where there is risk of abuse or neglect. (14) Update the internal information system at regular intervals during the course of the investigation. At the conclusion of the investigation, the internal information system must be updated to include a case finding. (15) [Repealed.] (16) Upon completion of an investigation or family assessment and services approach, if the Department suspects that the report was made maliciously or for the purpose of harassment, the Department shall refer the report and any evidence of malice or harassment to the appropriate law-enforcement agency. (17)-(20) [Repealed.] (21) Upon the receipt of a report concerning allegations of child abuse, neglect, or suspected human trafficking against a person known by the Department to be licensed by any of the boards listed in § 8735 of Title 29, forward reports to the Division of Professional Regulation. For any entity the Department is notified of that is not included in § 8735 of Title 29, the Department shall forward a report of such allegations to the appropriate Delaware agency or professional regulatory organization. (22) Coordinate with the multidisciplinary team to secure forensic interviews and medical examinations, where applicable, and to conduct interviews while considering the criminal investigation together with the Department’s statutory duties to promptly assess child safety. Absent good cause, children ages 3 through 12 shall be interviewed in a children’s advocacy center. (23) Participate as a member of the multidisciplinary team, and keep the team regularly apprised of the status and findings of its investigation. (f) In implementing the Department of Justice’s role in the child protection system, the Department of Justice shall do all of the following: (1) Report every case of child abuse, neglect, or suspected human trafficking to the Department under § 903 of this title. (2) Ensure that every case involving the death or near death of a child due to abuse, neglect, or suspected human trafficking is reported to the Child Protection Accountability Commission and every case involving the death of a child to the Maternal and Child Death Review Commission. (3) Provide information as necessary to the Investigation Coordinator to permit case tracking, monitoring and reporting by the Investigation Coordinator. (4) Ensure that all cases involving allegations of child abuse, neglect, or suspected human trafficking by a person known to be licensed or certified by a Delaware agency or professional regulatory organization, have been reported to the appropriate Delaware agency or professional regulatory organization and the Investigation Coordinator in accordance with provisions of this section. (5) Participate as a member of the multidisciplinary team, and keep the team regularly apprised of the status and findings of its prosecution. (6) Report any suspected animal cruelty to the Office of Animal Welfare. (g) (1) If a criminal prosecution for child sexual abuse or exploitation or human trafficking of a child is initiated by the Department of Justice against a person employed by or associated with a facility or organization required to be licensed or whose staff personnel are required to be licensed under Delaware law whose primary concern is that of child welfare and care, the Department of Justice shall notify such employer within 48 hours. (2) Any violations of this subsection shall be dealt with administratively by the Attorney General and the penalty provisions of § 914 of this title shall not apply hereto. (h) If a criminal prosecution for abuse or neglect is initiated by the Department of Justice pursuant to a report under this chapter and incarceration of the person who is the subject of the report is ordered by the court, the Department of Justice shall keep the Department and the Investigation Coordinator informed of actions taken by the courts which result in the release of any such individual.

Del. Code tit. 16, § 907 Temporary emergency protective custody.

(a) A police officer, nurse practitioner, or a physician who reasonably suspects that a child is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect and who reasonably suspects the harm or threat to life may occur before the Family Court can issue a temporary protective custody order may take or retain temporary emergency protective custody of the child without the consent of the child’s parents, guardian, or others legally responsible for the child’s care. (b) Any person taking a child into temporary emergency protective custody under this section shall immediately notify the Department, in the county in which the child is located, of the person’s actions and make a reasonable attempt to advise the parents, guardians, or others legally responsible for the child’s care. In notifying the Department, such person shall set forth the identity of the child and the facts and circumstances which gave such person reasonable cause to believe that there was imminent danger of serious physical harm or threat to the life of the child. Upon notification that a child has been taken into temporary emergency protective custody, the Department shall immediately respond in accordance with § 906 of this title to secure the safety of the child which may include ex parte custody relief from the Family Court if appropriate. (c) Temporary emergency protective custody for purposes of this section may not exceed 4 hours and must cease upon the Department’s response pursuant to subsection (b) of this section. (d) For the purposes of this section, “temporary emergency protective custody” means temporary placement within a hospital, medical facility, or such other suitable placement; provided, however, that an abused or neglected child may not be detained in temporary custody in a secure detention facility. (e) A Department investigator conducting an investigation pursuant to § 906 of this title has the same authority as that granted to a police officer, nurse practitioner, or physician in subsection (a) of this section, subject to all the same conditions as those listed in subsections (a) through (d) of this section, provided that the child in question is located at a school, day care facility, or child care facility at the time that the authority is initially exercised. In no other case may an employee of the Department exercise custody under this section.

Del. Code tit. 16, § 907A Safe Arms for Babies.

(a) The General Assembly finds and declares all of the following: (1) The abandonment of a baby is an irresponsible act by a parent and places the baby at risk of injury or death from exposure, actions by other individuals, and harm from animals. (2) Delivering a live baby to a safe place is far preferable to a baby being killed or abandoned by a parent. (3) The purpose of this section is not to circumvent the responsible action of a parent who adheres to the process of placing a baby for adoption, but to prevent the unnecessary risk of harm to or death of that baby by a desperate parent who would otherwise abandon or cause the death of that baby. (4) Medical information about the baby and the baby’s parents is critical for the adoptive parents and every effort should be made, without risking the safe placement of the baby, to obtain that medical information and provide counseling information to the parents. (5) If this section does not result in the safe placement of babies or is abused by a parent attempting to circumvent the process of adoption, it should be repealed. (b) If a baby is surrendered alive and unharmed, an individual may voluntarily surrender the baby directly to an employee or volunteer of 1 of the following designated safe havens: (1) An emergency department of a hospital, inside the emergency department. (2) A police station, inside the police station. For the purposes of this paragraph (b)(2), “police station” does not include a Delaware State Police station. (c) (1) A safe haven under subsection (b) of this section may take temporary emergency protective custody of a baby who is surrendered under this section. (2) Except as otherwise required under paragraph (c)(4) of this section, a safe haven under subsection (b) of this section may not ask or require an individual who surrenders the baby to provide any information pertaining to the individual’s identity. (3) If the identity of the individual is known to the safe haven under subsection (b) of this section, the safe haven shall keep the identity confidential. (4) A safe haven under subsection (b) of this section shall do 1 of the following: a. Make reasonable efforts to directly obtain pertinent medical history information pertaining to the baby and the baby’s family. b. Attempt to provide the individual with a postage paid medical history information questionnaire. (d) A safe haven under subsection (b) of this section shall attempt to provide the following to an individual surrendering a baby at the safe haven: (1) Information about the Safe Arms Program. (2) Information about adoption and counseling services, including information that confidential adoption services are available and information about the benefits of engaging in a regular, voluntary adoption process. (3) Brochures with telephone numbers and websites for public or private agencies that provide counseling or adoption services. (e) A safe haven under subsection (b) of this section shall attempt to provide an individual surrendering a baby with the number of the baby’s identification bracelet to aid in linking the individual to the baby at a later date, if reunification is sought. The identification number is an identification aid only and does not permit the individual possessing the identification number to take custody of the baby on demand. (f) If an individual possesses an identification number linking the individual to a baby surrendered at a safe haven under subsection (b) of this section and parental rights have not already been terminated, possession of the identification number creates a presumption that the individual has standing to participate in an action. Possession of the identification number does not create a presumption of maternity, paternity, or custody. (g) (1) A safe haven under subsection (b) of this section that takes a baby into temporary emergency protective custody under this section shall immediately notify the Department and the State Police of the safe haven’s actions. (2) The Department shall obtain ex parte custody and physically appear at the safe haven under subsection (b) of this section within 4 hours of notification under this subsection unless there are exigent circumstances. (3) Immediately after being notified of the surrender, the State Police shall submit an inquiry to the Missing Children Information Clearinghouse established under subchapter III of Chapter 85 of Title 11. (h) The Department shall notify the public that a baby has been abandoned and taken into temporary emergency protective custody by placing notice prominently on the Division’s website and publishing notice to that effect in a newspaper of statewide circulation. (1) The notice must be published at least 3 times over a 3-week period immediately following the surrender of the baby unless the Department has relinquished custody. (2) The notice, at a minimum, must contain the place, date, and time where the baby was surrendered; the baby’s sex, race, approximate age, identifying marks, and any other information the Department deems necessary for the baby’s identification. (3) The notice must include a statement that unless the surrendering individual manifests an intent to exercise parental rights and responsibilities within 30 days of the abandonment, both of the following apply: a. The abandonment of the baby is the surrendering individual’s irrevocable consent to the termination of all parental rights, if any, of the individual on the ground of abandonment. b. The abandonment of the baby is the surrendering individual’s irrevocable waiver of any right to notice of or opportunity to participate in any termination of parental rights proceeding involving the baby. (i) When an individual who surrenders a baby under this section manifests a desire to remain anonymous, the Department may not initiate or conduct an investigation to determine the identity of the individual, and a court may not order an investigation unless there is good cause to suspect child abuse or neglect other than the act of surrendering the baby. (j) The Department of Health and Social Services shall do all of the following: (1) Establish a public information program to promote safe placement alternatives for babies, the confidentiality offered to birth parents, and information regarding adoption procedures. This program must include the use of a 24-hour, toll free hotline to assist in making information about the intent, purposes, and operation of this section as widely available as possible. (2) Adopt a handout to be distributed to a safe haven under subsection (b) of this section. The handout must be furnished to an individual who surrenders the care or custody of a baby to the safe haven. The handout must advise the individual of the availability of counseling services and must elicit from the individual via a postage prepaid questionnaire relevant health history of the baby and the baby’s parents. (3) Provide a safe haven under subsection (b) of this section with information about relevant social service agencies to be made available to an individual who voluntarily surrenders a baby under this section.

Del. Code tit. 16, § 908 Immunity from liability, and special reimbursement to safe havens for expenses related to certain babies.

(a) Any person, including an agency, organization, or entity, participating in good faith in the making of a report or notifying police officers pursuant to this chapter; assisting in a multidisciplinary case as required by § 906(b)(4) of this title; performing a medical examination without the consent of those responsible for the care, custody, and control of a child under § 906(e) of this title; or exercising emergency protective custody in compliance with § 907 of this title is immune from any liability, civil or criminal, that might otherwise exist, and such immunity extends to participation in any judicial proceeding resulting from the above actions taken in good faith. This section does not limit the liability of any health-care provider for personal injury claims due to medical negligence that occurs as a result of any examination performed pursuant to this chapter. (b) (1) Except for negligence or intentional acts, a safe haven under § 907A(b) of this title that, or an employee or volunteer of the safe haven who, accepts temporary emergency protective custody of a baby under § 907A of this title is absolutely immune from civil and administrative liability for any act of commission or omission in connection with the acceptance of that temporary emergency protective custody or the provision of care for the baby while the baby is in the safe haven’s temporary emergency protective custody. (2) If a safe haven under § 907A(b) of this title accepts temporary emergency protective custody of a baby under § 907A of this title, the State shall reimburse the safe haven for eligible, medically necessary costs under the Medicaid Fee for Service Program.

Del. Code tit. 16, § 909 Privileged communication not recognized.

(a) No legally recognized privilege, except that between attorney and client and that between priest and penitent in a sacramental confession, applies to situations involving known or suspected child abuse, neglect, exploitation, or abandonment and does not constitute grounds for failure to report as required by § 903 of this title or to give or accept evidence in any judicial proceeding relating to child abuse or neglect. (b), (c) [Repealed.]

Del. Code tit. 16, § 910 Court orders to compel.

(a) Whenever an investigation has been opened with the Department pursuant to § 906 of this title for potential abuse or neglect of a child, the Department shall have the authority to petition for an order from the Family Court: (1) To obtain access to the child, or children, and the residence of child, or children; or (2) To compel the appearance of a person at an office of the Department in furtherance of the investigation; or (3) To compel compliance with a treatment plan previously agreed to by a child’s parent or guardian, if noncompliance with the plan endangers a child’s safety; or (4) To compel completion of a substance abuse or mental health evaluation by the parent or guardian or completion of a developmental health screening for the child or children. (b) The Family Court shall issue such an order upon the Department establishing by a preponderance of evidence that it provided written notice of its intent to file the petition and: (1) For petitions requesting relief under paragraph (a)(1), (a)(2), or (a)(3) of this section: a. That the Department has in good faith attempted on at least 2 separate prior occasions, at least 1 of which was by written communication sent by certified mail, return receipt requested, to contact the person in question without success; or b. That a child is in actual danger or there is an imminent risk of danger due to the Department’s inability to communicate with the person or see the child or the child’s residence; (2) For petitions requesting relief under paragraph (a)(4) of this section, the investigation has revealed that substance abuse, mental health conditions, or developmental delays may be factors placing the child at risk of abuse or neglect. (c) The Family Court shall enforce noncompliance with such an order pursuant to § 925(3) of Title 10. (d) Petitions filed pursuant to this section may be granted on an ex parte basis if a child is at risk of imminent physical danger, provided that the Family Court shall consider all requests pursuant to paragraphs (a)(1), (a)(2) and (a)(3) of this section within 2 business days of the request being made. The Family Court shall consider all petitions filed under paragraph (a)(4) of this section within 10 business days of the filing. (e) For petitions filed under paragraph (a)(4) of this section against any parent or guardian who is indigent, that indigent parent or guardian shall have the right to request a Court-appointed attorney authorized to practice law in this State to represent the parent or guardian at no cost to that parent or guardian.

Del. Code tit. 16, § 911 Training and information.

(a) The Department and the Child Protection Accountability Commission shall, on a continuing basis, undertake and maintain programs to inform all persons required to report abuse or neglect under § 903 of this title of the nature, problem and extent of abuse and neglect, and of the remedial and therapeutic services available to children and their families and to encourage self-reporting and the voluntary acceptance of such services. (b) The Department and the Child Protection Accountability Commission shall conduct ongoing training programs to advance the purpose of this section. (c) The Department and the Child Protection Accountability Commission shall continuously publicize the responsibility to report under § 903 of this title and the existence of the 24-hour statewide toll-free telephone number to receive reports of abuse or neglect.

Del. Code tit. 16, § 912 Confidentiality; disclosure of records.

(a) To protect the privacy of the family and the child named in a report, the Department shall establish guidelines concerning the disclosure of information concerning abuse, neglect, or risk of maltreatment involving a child. The Department may require a person to make a written request for access to a record that the Department maintains. The Department may release information only to a person who has a legitimate public safety need for the information or a need based on the health and safety of a child subject to abuse, neglect, or the risk of maltreatment. The information may be used only for the purpose for which the information is released. (b) A member of a multidisciplinary team may share all information and each record received, prepared, or maintained by or amongst members of the multidisciplinary team to carry out the responsibilities of the multidisciplinary team under law to protect children from abuse and neglect as authorized by the federal Child Abuse Prevention and Treatment Act (42 U.S.C. § 5106a(b)(2)). A multidisciplinary team record is confidential and may be disclosed to a person, including an entity, beyond the multidisciplinary team only as authorized by law or court rule. This chapter does not preclude a member of a multidisciplinary team from asserting a privilege available under the law related to the disclosure of information or a record. (c) (1) In a Family Court civil proceeding, excluding a juvenile delinquency proceeding, a party may access a record that a children’s advocacy center creates and maintains and is related to a forensic interview and use the record in a court proceeding, but only if the Family Court has found all of the following: a. The record is relevant under the Family Court rules governing discovery. b. Access to the record will minimize trauma to the child. c. Access to the record is in the best interest of the child. (2) a. A subpoena for a record may not be served on a children’s advocacy center. Access to a record under paragraph (c)(1) of this section must be requested by a written motion filed with the Family Court and properly served on each party to the action and the Department of Justice Special Victims Unit for the county in which the action is pending. The party filing the motion may request that the motion be considered on an expedited basis in accordance with the Court’s rules and procedures. b. The Department of Justice has standing to respond to a motion filed under this section. c. If, after review of the motion and response to the motion, if any, the Family Court finds that the party who filed the motion failed to a make a prima facie showing under paragraph (c)(1) of this section, the Court shall dismiss the motion. d. If the Family Court determines that a prima facie showing under paragraph (c)(1) of this section has been made, the Court shall order the children’s advocacy center that conducted the forensic interview to produce the record to the Court for a confidential review as the Court determines is appropriate. e. If, after a confidential review of a requested record, the Family Court finds that the motion satisfies paragraph (c)(1) of this section by a preponderance of the evidence, the Court shall permit access to the record, subject to a protective order under paragraph (c)(4) of this section. (3) This subsection does not preclude a member of a multidisciplinary team from obtaining a record under subsection (b) of this section and using the record in a Family Court civil proceeding. (4) A Family Court order entered under this subsection that permits access to a record that a children’s advocacy center creates or maintains and is related to a forensic interview the center conducts must include a protective order that does at least all of the following: a. Protects the identity of the child interviewee and any other child whose identity the Court determines should be protected. b. Protects the confidentiality of the information contained in the record. c. Limits the dissemination of the record and the information contained in the record to the person that the Family Court authorizes to receive or review the record.

Del. Code tit. 16, § 913 Child under treatment by spiritual means not neglected.

No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be considered a neglected child for the purposes of this chapter.

Del. Code tit. 16, § 914 Penalty for violation.

(a) Whoever violates § 903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation. (b) In any action brought under this section, if the court finds a violation, the court may award costs and attorneys’ fees.

Del. Code tit. 16, § 921 Child Protection Registry; purpose.

The Department shall maintain a Child Protection Registry which contains information about persons who have been substantiated for abuse or neglect as provided in this subchapter or who were substantiated between August 1, 1994, and February 1, 2003. The primary purpose of the Child Protection Registry is to protect children and to ensure the safety of children in child care, health care and public educational facilities. This subchapter must be liberally construed so that these purposes may be realized.

Del. Code tit. 16, § 922 Entry on the Child Protection Registry.

The Child Protection Registry must indicate “substantiated for abuse” or “substantiated for neglect” and the Child Protection Level as designated in § 923 of this subchapter for any person who: (1) Based on the same incident of abuse or neglect on which the substantiation proceeding is premised, has been convicted of any criminal offense set out in § 923 of this subchapter or any offense specified in the laws of another state, the United States or any territory of the United States which is the same as or equivalent to any of the offenses set out in § 923 of this title. (2) Has been found by the Family Court, in a child welfare proceeding brought by the Department or in which the Department is a party, by a preponderance of the evidence to have abused or neglected a child. (3) Fails to make a timely written request for a hearing as provided in § 924(a)(2) of this title after being given notice by the Department of its intent to substantiate the person for abuse or neglect and enter the person on the Registry. (4) Is entered on the Registry by order of the Family Court in a proceeding on a Petition for Substantiation as described in § 925 or § 925A of this title. (5) Was substantiated for abuse or neglect between August 1, 1994, and February 1, 2003.

Del. Code tit. 16, § 923 Child Protection Levels.

(a) A person who has been substantiated for abuse or neglect pursuant to this subchapter must be entered on the Child Protection Registry. The Department shall develop regulations that assess the risk of future harm to children from acts of abuse or neglect and designate Child Protection Levels. (b) The following paragraphs describe the 4 child protection levels: (1) Child Protection Level I. — A person who is substantiated for abuse or neglect for any of the following must be designated to Child Protection Level I: a. An incident of abuse or neglect, including emotional neglect, presenting a low risk of future harm to children; or b. Conviction of a violation of compulsory school attendance requirements or truancy when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate pursuant to § 924 of this title. A person who is substantiated for abuse or neglect at Child Protection Level I must not be reported in response to a Child Protection Registry check made pursuant to Chapter 3 of Title 31 or Chapter 85 of Title 11 for that incident or conviction. The person is eligible for employment in a child-serving entity as defined in § 309 of Title 31 or health-care facility as defined in § 8563 of Title 11 . (2) Child Protection Level II. — A person who is substantiated for abuse or neglect for any of the following must be designated to Child Protection Level II: a. An incident of abuse or neglect, including severe emotional neglect, presenting a moderate risk of future harm to children; or b. Conviction of interference with custody when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate pursuant to § 924 of this title. A person who is substantiated for abuse or neglect at Child Protection Level II must be reported for a period of 3 years as “substantiated for abuse” or “substantiated for neglect” in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. The person must remain on the Registry for a period of 3 years, but the person is eligible for employment in a child-serving entity as defined in Chapter 3 of Title 31, or health-care facility as defined in Chapter 85 of Title 11, while the person is on the Registry at Child Protection Level II; and a prospective employer making a Child Protection Registry check must be so informed. If the person is not substantiated for abuse or neglect while on the Registry, the person on the Registry at Child Protection Level II is automatically removed from the Registry after 3 years and must not be reported in a Child Protection Registry check for that incident or conviction. (3) Child Protection Level III. — A person who is substantiated for abuse or neglect for any of the following must be designated to Child Protection Level III: a. An incident of abuse or neglect presenting a high risk of future harm to children, including but not limited to: physical injury, nonorganic failure to thrive, malnutrition, or abandonment of a child 13 to 17 years of age; or b. Conviction of any of the following crimes when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate pursuant to § 924 of this title: offensive touching, menacing, reckless endangering in the second degree, assault in the third degree, child abuse in the fourth degree, terroristic threatening, unlawful administration of drugs or controlled substances, indecent exposure in the first or second degree, sexual harassment, unlawful imprisonment in the second degree, abandonment of a child, or misdemeanor endangering the welfare of a child. A person who is substantiated for abuse or neglect at Child Protection Level III must be reported for a period of 7 years as “substantiated for abuse” or “substantiated for neglect” in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. The person is ineligible for employment in a child-serving entity as defined in Chapter 3 of Title 31, or health-care facility as defined in Chapter 85 of Title 11, while the person is on the Child Protection Registry at Child Protection Level III. If the person is not substantiated for a different incident of abuse or neglect while on the Registry, the person entered on the Registry at Child Protection Level III is automatically removed from the Registry after 7 years and is, thereafter, eligible for employment in a child care facility, health-care facility or public school, and must not be reported in a Child Protection Registry check for that incident or conviction. (4) Child Protection Level IV. — A person who is substantiated for abuse or neglect for any of the following must be designated to Child Protection Level IV: a. An incident of abuse or neglect presenting the highest risk of future harm to children, including but not limited to serious physical injury, sexual abuse, torture, criminally negligent treatment, or abandonment of a child 12 years of age or younger (but not including the voluntary surrender of a baby pursuant to the Safe Arms for Babies program as provided in § 907A of this title); or b. Conviction of any of the following crimes when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate pursuant to § 924 of this title:vehicular assault, vehicular homicide, criminally negligent homicide, assault in the first degree, assault in the second degree, reckless endangering in the first degree, unlawful imprisonment in the first degree, child abuse in the first degree, child abuse in the second degree, child abuse in the third degree, child torture, continuous child abuse, murder, manslaughter, murder by abuse or neglect, incest, rape, unlawful sexual contact, sexual extortion, sexual solicitation of a child, felony sex offender unlawful sexual conduct against a child, felony sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree or second degree, trafficking of persons and involuntary servitude, bestiality, continuous sexual abuse of a child, possession of child sexual abuse material, unlawfully dealing in child sexual abuse material, felony endangering the welfare of a child, dangerous crime against a child, kidnapping, coercion, dealing in children, unlawful dealing with a child, sexual exploitation of a child, or promoting suicide. A person who is substantiated for abuse or neglect at Child Protection Level IV must be reported as “substantiated for abuse” or “substantiated for neglect” in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. The person is ineligible for employment in a child-serving entity as defined in Chapter 3 of Title 31 or health-care facility as defined in Chapter 85 of Title 11. In addition, the person may not be removed from the Registry and must be reported in a Registry check for the incident or conviction, except as provided in § 929(c) of this title. (c) A person who is substantiated for an incident of abuse or neglect while on the Child Protection Registry is ineligible for automatic removal from the Registry, but may be removed from the Registry by order of the Family Court as provided in § 929 of this title. If a person is substantiated for abuse or neglect while on the Registry, the imposed conditions for each incident must be completed consecutively, with the conditions for the most restrictive Child Protection Level or Levels being completed before those for the less restrictive level or levels. A person who has partially completed a level when assigned to a more restrictive level is given credit for that partial completion when that person has completed the conditions for the more restrictive level or levels.

Del. Code tit. 16, § 924 Notice of Intent to Substantiate; process.

(a) In response to a report where abuse or neglect of a child is alleged, as required by § 906 of this title, the Department’s Division of Family Services shall conduct an investigation into the facts and circumstances of the alleged abuse or neglect, and the Department’s Institutional Abuse Investigation Unit shall conduct an investigation of an allegation of institutional abuse or neglect of a child. (1) If the Department determines from its investigation not to substantiate the person for abuse or neglect, the person may not be entered on the Child Protection Registry for that reported incident. The Department shall indicate in its internal information system that the incident is unsubstantiated, and so notify the person in writing. The Department shall develop regulations for classifying unsubstantiated cases in its internal information system. (2) If the Department determines from its investigation that it intends to substantiate the person for abuse or neglect and enter an adult person on the Child Protection Registry, it shall give written notice to the person by certified mail, return receipt requested, at that person’s last known address. The written notice must: a. Briefly describe the alleged incident of abuse or neglect. b. Advise the person that the Department intends to substantiate the allegations and enter the person on the Child Protection Registry for the incident of abuse or neglect at a designated Child Protection Level. c. State the consequences of being entered on the Registry at the designated level, including whether the person will be reported as substantiated for abuse or neglect in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. d. Inform the person of that person’s own right to request a hearing in the Family Court before the person is entered on the Child Protection Registry. e. Further advise that the person will be entered on the Registry for the incident at the designated Child Protection Level unless, within 30 days of the date of mailing of the notice, the person responds to the Department in writing, requesting a hearing in the Family Court on the Department’s intent to substantiate the person for abuse or neglect and enter the person on the Registry. f. Contain a written form for the person to return to the Department to request a hearing. (3) If the Department determines from its investigation that it intends to substantiate a child and enter the child on the Child Protection Registry, it shall give written notice to the child and the child’s parent, guardian, and legal custodian by certified mail, return receipt requested, at the child’s last known address. The written notice must: a. Briefly describe the alleged incident of abuse or neglect. b. Advise the child that the Department intends to substantiate the allegations and enter the child on the Child Protection Registry for the incident of abuse or neglect at a designated Child Protection Level. c. State the consequences of being entered on the Registry at the designated level, including whether the child will be reported as substantiated for abuse or neglect in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. d. Inform the child that a hearing will be held in the Family Court before the child is entered on the Child Protection Registry. e. Provide notice to the child’s guardian ad litem or attorney if the child is in DSCYF custody. (4) If the Department determines from its investigation that it intends to enter a person on the Child Protection Registry as a result of a conviction of an enumerated offense set forth in § 923 of this title, the Department shall send a Notice of Substantiation to the person informing them of the substantiation and notifying them of the right to file a Petition for Limited Purpose Hearing. The Petition for Limited Purpose Hearing shall be filed by the person in Family Court within 30 days of the Notice of Substantiation, shall include a copy of the Notice of Substantiation, and shall set forth why the person alleges the conviction does not meet the requirements set forth in § 922(1) of this title. A Limited Purpose Hearing shall be limited to determining whether the conviction meets the requirements of § 922(1) of this title. If a Petition for Limited Purpose Hearing is not filed within 30 days of the Notice of Substantiation, the person shall remain automatically placed on the registry pursuant to § 922(1) of this title. (b) A person, other than a child, who fails to request a hearing as provided in subsection (a) of this section must, at the expiration of 30 days from the date of mailing of the notice of intent to substantiate the allegations of abuse or neglect and enter the person on the Registry, be entered on the Child Protection Registry at the Child Protection Level designated in the notice. (c) The Department shall file a Petition for Substantiation before any child is entered on the Child Protection Registry, regardless of the written request of the child.

Del. Code tit. 16, § 925 Petition for substantiation.

(a) If a person responds to the Department and requests a hearing in the Family Court before being entered on the Registry, as provided in § 924 of this title, the Department shall, unless the automatic stay provisions of § 927 of this title apply, file in the Family Court no later than 45 days after receipt of the written request, or in the case of a child, no later than 45 days after the notice of intent to substantiate was sent to the child, a petition for substantiation which requests that the Court substantiate the abuse or neglect and enter the person on the Child Protection Registry at a Child Protection Level designated by the Court. (b) The petition for substantiation must be filed in the county in which the alleged incident leading to the petition occurred. (c) The Family Court may, upon motion by the Department or sua sponte, enter an order that places the person on the Registry at a designated Child Protection Level pending a final order on the petition for substantiation. (d) The Family Court shall appoint counsel for any unrepresented child against whom a petition for substantiation has been filed.

Del. Code tit. 16, § 925A Grounds for substantiation.

(a) Unless otherwise provided in this subchapter, no person shall be placed on the registry unless the Court finds by a preponderance of the evidence after a hearing on the merits, or accepts the agreement of the parties, that: (1) The person committed an act of abuse or neglect; and (2) The act of abuse or neglect was based on the same incident as alleged in the Notice of Intent to Substantiate. (b) Should the elements of subsection (a) of this section be met, the Court shall also determine by a preponderance of the evidence after a hearing on the merits or accept the agreement of the parties, the risk of future harm the person poses to children and designate the person to the appropriate Child Protection Level set forth in § 923 of this title. If the person is convicted of an enumerated crime when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate, the person is automatically entered on the Child Protection Registry at the level designated by § 923 of this title. (c) An order of substantiation may not be stayed pending appeal. (d) If the Family Court finds that the person has not committed an act of abuse or neglect based on the same incident as alleged in the Notice of Intent to Substantiate, the person may not be entered on the Registry for that incident, and the Department shall indicate in its internal information system that the incident is unsubstantiated. (e) If a child welfare proceeding is pending in which the Department has requested a finding of abuse or neglect against a party and entry on the Registry for the same incident, the Family Court shall decide the issues of substantiation and entry on the Registry as provided in § 926 of this title without the necessity of a response to the notice of intent to substantiate or a separate Petition for Substantiation. (f) If the Department fails to file a Petition for Substantiation within 45 days of receipt of a person’s written request for a hearing as provided in § 924 of this title and a child welfare proceeding based on the same incident of abuse or neglect is not pending, the person may not be entered on the Child Protection Registry for the incident of abuse or neglect indicated in the notice of intent to substantiate.

Del. Code tit. 16, § 926 Finding of abuse or neglect in child welfare proceeding; binding effect.

In every child welfare proceeding brought by the Department or in which the Department is a party and in which the Department has requested a finding of abuse or neglect and entry on the Registry, the Family Court shall make findings pursuant to § 925A of this title. The findings of the Family Court are final and binding, and work as issue or claim preclusion for the same incident of abuse or neglect in substantiation proceedings.

Del. Code tit. 16, § 927 Automatic stay of substantiation proceedings.

(a) Proceedings under §§ 925 and 925A of this title, including the duty to file a Petition for Substantiation, are automatically stayed in any matter in which a criminal or delinquency proceeding involving the same incident of abuse or neglect is pending. The time to file a Petition for Substantiation under § 925 of this title shall begin upon conclusion of the criminal or delinquency proceeding. (b) Conviction of a crime involving the same incident of abuse or neglect is final, binding and determinative of the issue of abuse or neglect and of the person’s entry on the Registry at the Child Protection Level designated for such offense. (c) Upon conclusion of a criminal or delinquency proceeding involving the same allegations or facts as those alleged in the incident of abuse or neglect, if the accused is acquitted of the charge or the charge is dismissed and the Department intends to pursue substantiation, the acquittal or dismissal does not automatically work as issue or claim preclusion against a civil finding of abuse or neglect, nor does it prevent the taking of evidence, notwithstanding any other law to the contrary.

Del. Code tit. 16, § 928 Persons entered on the Registry between August 1, 1994, and February 1, 2003.

(a) The Department shall review each case substantiated for abuse or neglect that was placed on the Central Registry (also known as the Central Child Abuse Registry, the Child Abuse Registry and the Central Abuse Registry) between August 1, 1994, and February 1, 2003, and designate each case to a Child Protection Level in accordance with the regulations developed pursuant to § 923 of this title. (b) A person who has been entered on the Child Protection Registry for the time prescribed in the designated Child Protection Level for the person’s incident of abuse or neglect must be automatically removed from the Child Protection Registry, provided that the person has not been substantiated for an incident of abuse or neglect while on the Child Protection Registry. The Department shall notify the person of the removal. (c) The Department shall notify a person who does not qualify for automatic removal from the Child Protection Registry of the Child Protection Level to which the person has been designated and of the consequences of designation to that level, including whether the person will be reported as substantiated for abuse or neglect in a Child Protection Registry check pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31.

Del. Code tit. 16, § 929 Removal of name from the Child Protection Registry.

(a) A person who has been entered on the Child Protection Registry at Child Protection Level II or Level III will be automatically removed from the Registry under § 923 of this title, provided that the person has not been substantiated for an incident of abuse or neglect while on the Registry. (b) A person who has been entered on the Child Protection Registry at Child Protection Level II or Level III may file a Petition for Removal in the Family Court prior to the expiration of the time designated for the level. The Family Court shall have the discretion to remove the person from the registry. In making this determination, the Court shall consider all relevant factors, including: (1) The nature and circumstances of the original substantiated incident; (2) Any substantiated incidents of abuse or neglect while on the Registry; (3) The criminal history of the person, including whether the person’s criminal record of arrest or conviction of the incident leading to placement on the Registry was expunged; (4) Compliance with the terms of probation, if applicable; (5) The risk, if any, the registrant poses to the victim, the community and to other potential victims; (6) The impact of registration and employer notification on the victim, community and other potential victims; (7) The rehabilitation, if any, of the person, or successful completion of a program of evaluation and treatment including any court-ordered or division-recommended case plan; and (8) The adverse impact of registration on the person and the rehabilitative process, including the impact on employment opportunities. (c) A person who was entered on the Child Protection Registry at any level as a child, may, at any time after that person’s eighteenth birthday, file a Petition for Removal in the Family Court. The Family Court shall have the discretion to remove the person from the registry. In making this determination, the Court shall consider all relevant factors, including those in § 929(b) of this title. (d) A Petition for Removal from the Registry must be filed in the Family Court in the county in which the substantiation occurred. A copy of the petition must be served on the Department, which may file an objection or answer to the petition within 30 days after being served. In every case, the Department shall inform the Court whether or not the person applying for removal has been substantiated for abuse or neglect while on the Child Protection Registry. The Family Court may, in its discretion, dispose of a Petition for Removal without a hearing. (e) Removal from the Child Protection Registry means only that the person’s name has been removed from the Registry and may no longer be reported to employers pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. Notwithstanding removal from the Registry, the person’s name and other case information remains in the Department’s internal information system as substantiated for all other purposes, including the Department’s use of the information for historical, treatment, and investigative purposes, foster and adoptive parent decisions, reporting to law-enforcement authorities, the Department of Education, Office of Child Care Licensing’s use for child-care licensing decisions, or any other purpose set forth in § 906(e) of this title.

Del. Code tit. 16, § 931 The Child Protection Accountability Commission.

(a) The Delaware Child Protection Accountability Commission is hereby established. The Commission shall consist of 24 members with the at-large members and the Chair appointed by the Governor. Members of the Commission serving by virtue of position may appoint a designee to serve in their stead. The Commission shall be comprised of the following: (1) The Secretary of the Department of Services for Children, Youth and Their Families. (2) The Director of the Division of Family Services. (3) Two representatives from the Attorney’s General Office, appointed by the Attorney General. (4) Two members of the Family Court, appointed by the Chief Judge of the Family Court. (5) One member of the House of Representatives, appointed by the Speaker of the House. (6) One member of the Senate, appointed by the President Pro Tempore of the Senate. (7) The Secretary of the Department of Education. (8) The Director of the Division of Prevention and Behavioral Health Services. (9) The Chair of the Domestic Violence Coordinating Council. (10) The Superintendent of the Delaware State Police. (11) The Chair of the Maternal and Child Death Review Commission. (12) The Investigation Coordinator, as defined in § 902 of this title. (13) One youth or young adult who has experienced foster care in Delaware, appointed by the Secretary of the Department. (14) One representative from the Office of Defense Services, appointed by the Chief Defender. (15) Eight at-large members appointed by the Governor with 1 person from the medical community, 1 person from the Interagency Committee on Adoption who works with youth engaged in the foster care system, 1 person from a law-enforcement agency other than the State Police, and 5 persons from the child protection community. The law-enforcement representative may designate a proxy as needed. (b) The Commission is designated as a “citizen review panel” as required under the federal Child Abuse Prevention and Treatment Act, 42 U.S.C. § 5106a(c) and the “state task force” as required under the federal Children’s Justice Act, 42 U.S.C. § 5106c(c). The Commission may delegate tasks to its committees, workgroups, and panels as necessary to accomplish its duties. The Commission’s purpose is to monitor Delaware’s child protection system to best ensure the health, safety, and well-being of Delaware’s abused, neglected, and dependent children. To that end, the Commission shall meet on a quarterly basis and shall: (1) Examine and evaluate the policies, procedures, and effectiveness of the child protection system and make recommendations for changes therein, focusing specifically on the respective roles in the child protection system of the Division of Family Services, the Division of Prevention and Behavioral Health Services, the Office of the Attorney General, the Family Court, the medical community, and law-enforcement agencies. (2) Recommend changes in the policies and procedures for investigating and overseeing the welfare of abused, neglected, and dependent children. (3) Advocate for legislation and make legislative recommendations to the Governor and General Assembly. (4) Access, develop, and provide quality training to the Division of Family Services, Deputy Attorneys General, Family Court, law-enforcement officers, the medical community, educators, day-care providers, and others on child protection issues, including the reporting obligations under § 903 of this title. (5) Review and make recommendations concerning the well-being of Delaware’s abused, neglected, and dependent children including issues relating to foster care, adoption, mental health services, victim services, education, rehabilitation, substance abuse, and independent living. (6) Provide the following reports to the Governor: a. An annual summary of the Commission’s work and recommendations, including work of the Office of the Child Advocate, with copies thereof sent to the General Assembly. b. A quarterly written report of the Commission’s activities and findings, in the form of minutes, made available also to the General Assembly and the public. (7) Investigate and review deaths or near deaths of abused or neglected children, or suspected human trafficking of a child, for the purposes provided in § 932 or § 932A of this title. (8) Coordinate with the Maternal and Child Death Review Commission to provide statistics and other necessary information to the Maternal and Child Death Review Commission related to the Commission’s investigation and review of deaths of abused or neglected children. (9) Meet biennially with the Maternal and Child Death Review Commission to jointly discuss any findings or recommendations released to the public from reviews conducted under § 932 of this title and § 323 of Title 31. This meeting shall be open to the public. (10) Administer the Ivyane D.F. Davis Scholarship Fund as required by § 3463 of Title 14 and the federal Chafee Educational and Training Vouchers as requested by the Department of Services for Children, Youth and Their Families. (11) Provide quarterly updates and annual reports to the Delaware Anti-Trafficking Action Council on the Commission’s efforts regarding suspected human trafficking of a child. (c) The Child Advocate shall serve as the Executive Director of the Commission, and the Office of the Child Advocate shall provide staff support to the Commission. The Office of the Child Advocate shall assist the Commission in investigating and reviewing the deaths or near deaths of abused or neglected children under § 932 of this title or suspected human trafficking of children under § 932A of this title, and in administering scholarship funds, in addition to performing any other duties assigned by the Commission. The Child Advocate shall hire employees or contract for services as necessary to assist the Commission in performing its duties under this subchapter, within the limitations of funds appropriated by the General Assembly or obtained from other sources.

Del. Code tit. 16, § 932 Investigation and review of the death or near death of an abused or neglected child.

(a) The Attorney General, the Department of Services for Children, Youth and Their Families, and any other state or local agency with responsibility for investigating child deaths shall report to the Commission any death or near death of a child who is determined to have been abused or neglected within 14 days of that determination. (b) The Commission Chair shall appoint a committee to review all investigations under this section and a panel to conduct the investigations under this section. The members of such committee and panel, together with any staff, contractors, or volunteers designated to assist the committee and panel are considered agents of the Commission under § 935 of this title. (c) Within 6 months of any report to the Commission under subsection (a) of this section, the Commission shall conclude an investigation and review of the facts and circumstances of the death or near death incident through the committee and panel appointed under subsection (b) of this section. For good cause shown to the Commission, the 6-month period for the completion of an investigation and review under this subsection may be extended to 9 months. If the need for an extension under this subsection is attributable to an ongoing criminal prosecution, an initial review must occur, but a final review of the case may be deferred for a period of up to 6 months following the completion of the prosecution. In cases in which the time for the Commission’s complete investigation and review is extended under this subsection, the Commission may issue initial findings or recommendations if it determines that such are necessary under the circumstances. (d) No person identified by the Attorney General’s office as a potential witness in any criminal prosecution arising from the death or near death of an abused or neglected child shall be questioned, deposed, or interviewed by or for the Commission in connection with its investigation and review of such death or near death until the completion of the prosecution. (e) Notwithstanding any requirement of § 931(b) of this title to the contrary, the Commission shall, if necessary, make system-wide findings or recommendations arising from an investigation and review conducted under this section. (1) The Commission shall provide its findings or recommendations, if any, to the Governor, the General Assembly, and the public within 20 days of the approval of the findings or recommendations made under this section. (2) All summary information, findings, or recommendations released by the Commission under this subsection shall comply with applicable state and federal confidentiality provisions, including those set forth in § 934 of this title and § 9017(e) of Title 29. (3) Notwithstanding any provision of this subchapter to the contrary, no summary information, finding, or recommendation released by the Commission under this subsection shall specifically identify any individual or nongovernmental agency, organization, or entity. (4) In addition to the Commission’s release of findings or recommendations, the Commission may release to the public summary information and findings resulting from reviews of child deaths and near deaths due to abuse and neglect. The Commission may release summary information only upon completion of the prosecution and only if such release complies with paragraph (e)(2) of this section. Such release to the public of summary information does not supplant the obligation of the State to comply with any request for public disclosure of information on child deaths and near deaths due to abuse or neglect made under 42 U.S.C. § 5106a(b). (f) Notwithstanding this section or § 931(b)(7) of this title, the Maternal and Child Death Review Commission may review deaths of abused or neglected children, for good cause shown, as determined by the agreement of the Commission and the Maternal and Child Death Review Commission. (g) For purposes of this subsection, “completion of the prosecution” means the decision to file no information or seek no indictment, conviction or adjudication, acquittal, dismissal of an information or indictment by a court, the conditional dismissal under a program established by Delaware law or a court, or the nolle prosequi of an information or indictment by the Attorney General.

Del. Code tit. 16, § 932A Investigation and review of suspected child victims of human trafficking.

(a) The Attorney General, the Department of Services for Children, Youth and Their Families, and any other state or local agency with responsibility for investigating child victims of human trafficking shall report to the Commission, through the Office of the Child Advocate, a child who is suspected to be a victim of human trafficking. (b) The Commission Chair shall appoint a committee to review each investigation under this section, which may be the same committee appointed under § 932 of this title, and a panel to conduct investigations on suspected child victims of human trafficking. The members of the committee and panel, together with staff, contractors, or volunteers designated to assist the committee and oversight team are considered agents of the Commission under § 935 of this title. (c) Within 3 months of a report to the Commission under subsection (a) of this section, the panel appointed under subsection (b) of this section shall commence a review of the facts and circumstances of the suspected human trafficking of a child. Absent good cause, the review must conclude within 12 months. (d) Notwithstanding a requirement of § 931(b) of this title to the contrary, the Commission shall, if necessary, make system-wide findings or recommendations arising from an investigation and review conducted under this section. (1) The Commission shall provide its findings or recommendations, if any, to the Governor, the General Assembly, the Director and Librarian of the Division of Legislative Services, and the public within 20 days of the approval of the findings or recommendations made under this section. (2) Summary information, a finding, or a recommendation released by the Commission under this subsection must comply with applicable state and federal confidentiality provisions, including those under § 934 of this title and § 9017(c) of Title 29. (3) Notwithstanding a provision of this subchapter to the contrary, summary information, a finding, or a recommendation that the Commission releases under this subsection may not specifically identify an individual or nongovernmental agency, organization, or entity. (4) In addition to the Commission’s release of findings or recommendations, the Commission may release to the public summary information and findings resulting from reviews of suspected human trafficking of children. The Commission may release summary information only upon completion of the prosecution and only if the release complies with paragraph (d)(2) of this section. (e) For purposes of this section, “completion of the prosecution” means the decision to file no information or seek no indictment, conviction or adjudication, acquittal, dismissal of an information or indictment by a court, the conditional dismissal under a program established by Delaware law or a court, or the nolle prosequi of an information or indictment by the Attorney General.

Del. Code tit. 16, § 933 Power and authority of investigations and reviews.

(a) In connection with any investigation and review conducted under § 931(b)(7) and (b)(8) of this title, the Commission, by and through its committees, panels, staff, contractors, or volunteers, has power and authority to do all of the following: (1) Administer oaths and affirmations to any person related to the death, near death, or suspected human trafficking under review. (2) Issue subpoenas to compel the attendance of witnesses whose testimony is related to the death, near death, or suspected human trafficking under review. (3) Issue subpoenas to compel the production of records related to the death, near death, or suspected human trafficking under review. (4) Identify findings and strengths impacting the multidisciplinary investigation, and provide best practices, guidance, and support to the multidisciplinary team performing the team’s duties under this chapter. (b) The Commission may delegate its power and authority in subsection (a) of this section to the Child Advocate, who may further delegate the power and authority to any attorney employed by, contracting with, or volunteering for the Office of the Child Advocate. (c) A subpoena issued under subsection (a) of this section may be enforced or challenged only in the Family Court. (1) All proceedings before the Family Court and all records of such proceedings conducted under this subsection are private. (2) In a proceeding under this subsection (c), the Family Court may impose reasonable restrictions, conditions, or limitations on the access to proceedings and records of proceedings to preserve the confidentiality set forth in § 934 of this title.

Del. Code tit. 16, § 934 Confidentiality of records related to investigations and reviews.

(a) The records of the Commission or the Commission’s committees, panels, staff, contractors, or volunteers, including original documents and documents produced in the investigation and review process with regard to the facts and circumstances of each death, near death or suspected human trafficking of a child, are confidential and may not be released to any person except as expressly provided by this subchapter. Such records may be used by the Commission or the Commission’s committees, panels, staff, contractors, or volunteers, only in the exercise of the proper functions of the Commission and its staff. Such records, together with the summary information, findings, and recommendations therefrom are not public records, are not available for Court subpoena or subject to discovery, are not admissible into evidence or otherwise in any civil, criminal, administrative, or judicial proceeding, and are not considered binding under claim or issue preclusion doctrines. Except where constitutional provisions require otherwise, statements, records, or information are not subject to any statute or rule that would require those statements, records, or information to be disclosed in the course of a civil, criminal, or administrative trial, or associated discovery. Aggregate statistical data compiled by the Commission or its staff, however, may be released at the discretion of the Commission or its staff. (b) No person in attendance at a meeting of the Commission, or any of its committees or panels, is required to testify as to what transpired at such meeting in any forum including any civil, criminal, administrative, or judicial proceeding.

Del. Code tit. 16, § 935 Immunity from suit related to investigations and reviews.

(a) Members of the Commission and their agents or employees, including committee and panel members, contractors, and volunteers are not subject to, and are immune from, claims, suits, liability, damages, or any other recourse, civil or criminal, arising from or relating to any act, omission, proceeding, decision, determination, finding, or recommendation made in the performance of their duties under §§ 932, 932A, and 933 of this title. For the immunity provided by this subsection to apply, the members of the Commission or their agents or employees must have acted in good faith and without malice in carrying out the responsibilities, authority, duties, powers, and privileges of the offices conferred upon them by this subchapter or by any other provisions of the Delaware law, federal law or regulations, or duly adopted rules and regulations of the Commission. Complainants shall bear the burden of proving malice or a lack of good faith to defeat the immunity provided by this subsection. (b) No organization, institution, or person furnishing information, data, reports, or records to the Commission or its staff with respect to any subject examined or treated by such organization, institution, or person, by reason of furnishing such information, shall be liable in damages to any person or subject to any other recourse, civil or criminal.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c009/sc01/index.htmlFetched: 10/4/2026

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