CHAPTER 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES
§ 9001. Intent and purpose.
(a) The General Assembly finds and declares that parents have the primary responsibility for meeting the needs of their children
and the State has an obligation to help them discharge this responsibility or to assume this responsibility when parents are
unable to do so; while the State has a basic obligation to promote family stability and preserve the family as a unit, and
protect and safeguard the well-being of children through the provision of a comprehensive program of social services and facilities
for children and their families who require care, guidance, control, protection, treatment, rehabilitation or confinement.
(b) The General Assembly hereby declares that the purpose of this chapter and the policy of the State is to achieve the consolidation
of services to children, youth and their families within the jurisdiction of a single agency in order to avoid fragmentation
and duplication of services and to increase accountability for the delivery and administration of these services; to plan,
develop and administer a comprehensive and unified service delivery system to abused, neglected, dependent, delinquent and
mentally ill or emotionally disturbed children and youth within a continuum of care, which shall include the involvement of
their family, within the least restrictive environment possible but consistent with the child's health and safety; to emphasize
preventive services to children, youth and their families, in order to avoid the costs to the State of individual and family
instability.
64 Del. Laws, c. 108, §§ 1, 14; 71 Del. Laws, c. 199, §§ 7-9.;
§ 9002. Department of Services for Children, Youth and Their Families reestablished.
There is hereby reestablished the Department of Services for Children, Youth and Their Families hereinafter referred to as
the "Department."
64 Del. Laws, c. 108, §§ 1, 14.;
§ 9003. Powers, duties and functions.
The Department of Services for Children, Youth and Their Families shall have the following powers, duties and functions:
(1) To provide to children, youth and their families a comprehensive and effective statewide program of services for children
and youth who have been committed to the Department or placed in the care of the Department by the Court, referred to the
Department by parents, agencies or other individuals, or who have otherwise voluntarily applied to the Department for services;
(2) To provide services to children, youth and their families to prevent children and youth from becoming abused, neglected,
dependent and delinquent, as defined under existing law, and to prevent mental illness and emotional disorders among children
and youth;
(3)a. To provide for a variety of facilities and services to children, youth and their families which shall include, but not
be limited to the following:
1. Protective services;
2. Preplacement, preventive services and reunification services;
3. Home-based services;
4. Mental health outpatient services;
5. Drug and alcohol outpatient services;
6. Residential and institutional facilities;
7. Probation, aftercare and follow-up services;
8. Adoption and permanent placement services;
9. Evaluation, diagnostic and treatment services;
10. Foster care services;
11. A continuum of residential mental health services, which shall include, but not be limited to, inpatient psychiatric hospitalization
for all children requiring such care, mental health residential treatment centers and specialized mental health treatment
services in other group-care facilities and foster homes;
b. The Division of Family Services will provide family preservation services to those families whose children are at imminent
risk of out-of-home placement when it has determined that out-of-home placement can be avoided; provided, however, that the
Division's highest priority in cases of abuse and neglect where an investigation is required pursuant to § 906 of Title 16
shall be the health and safety of the child and nothing herein will prevent the Division from removing a child from the child's
home when it has determined that the child's safety and well-being may be jeopardized by remaining in the family home;
(4) To prepare and maintain a written case plan for each child under its supervision or custody, which shall include but not
be limited to a description of the child's problems, the care and treatment of the child, and any other services to be provided
to the child and the child's family; each case plan must be designed to achieve any placement of the child outside of the
child's home in the least restrictive setting available and in close proximity to the child's home, consistent with the best
interests and special needs of the child;
(5) To conduct a written review at least every 6 months of the case plan for each child under its supervision or custody for
the purpose of determining whether the plan is appropriate;
(6) To develop a central case management system which will provide coordinated information on client progress, including the
client's entry and exit from the system, assessment of the client's needs, development and review of the case plan and evaluation
and monitoring of the client's progress;
(7) To license, register and monitor all residential and nonresidential child care facilities, including but not limited to
institutions, child placement and adoption agencies, day care centers, family day care homes, group day care homes, group
homes and foster homes unless otherwise exempted by law; provided however, that no license for a residential or nonresidential
child care facility to be operated within the corporate limits of the City of Wilmington shall be granted until the applicant
has provided the Department with verification of licensure by the City of Wilmington to operate a childcare facility;
(8) To supervise the provision of education in all facilities operated by the Department;
(9) To monitor and evaluate all aspects of its service delivery system and document the need for or degree of compliance with
standards, policies and procedures adopted by the Department;
(10) To administer the Interstate Compact on Juveniles and the Interstate Compact on Child Placement;
(11) To establish, implement and follow procedures and standards compatible with due process of law with respect to the removal
of a child from the child's home, a change in the placement of a child who is under the supervision or custody of the Department,
and any other actions by the Department that may affect the legal rights of a child and the child's family;
(12) To provide or contract with public and private agencies in this State and other states for facilities and services necessary
to achieve the purposes of this chapter;
(13) To provide or contract for services designed to maintain or provide permanent homes for children who are in out-of-home
care, through the provision of adoption services or, whenever feasible, reunification services for children and their families;
(14) To develop and implement rules, regulations, standards and policies governing the internal operation and administration
of the Department and provision of services;
(15) To exercise the authority and power to administer protective, mental health, correctional and probation services to children
presently delegated by law to the Department of Health and Social Services, Division of Mental Health; Department of Correction,
Bureau of Juvenile Correction; Family Court; and previously delegated by law to the Department of Health and Social Services,
Division of Child Protective Services;
(16) To certify annually on January 31 to the Governor and the General Assembly that the mixing of adjudicated and nonadjudicated
youths shall not take place in the Ferris School.
(17) To exercise all other powers necessary and proper for the discharge of its duties.
64 Del. Laws, c. 108, §§ 1, 14; 65 Del. Laws, c. 211, §§ 1, 2; 69 Del. Laws, c. 352, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 198, § 1; 71 Del. Laws, c. 199, § 10; 71 Del. Laws, c. 301, § 1; 73 Del. Laws, c. 310, § 19.;
(a) The administrator and head of the Department shall be the Secretary of the Department of Services for Children, Youth
and Their Families, who shall be a person qualified by training and experience to perform the duties of this office. The Secretary
shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor
and receive a salary to be determined by the Governor. The Secretary of the Department of Services for Children, Youth and
Their Families shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however,
that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State,
the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or
retain such residency shall serve to terminate said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the positions
of Division Directors as are vacant. The Directors so appointed shall serve at the pleasure of the Governor and, upon the
position of Secretary being filled, such Directors may be removed from office by the Secretary with the written approval of
the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a
successor, the Governor may appoint a person to serve as Acting Secretary. The Secretary may, during an absence from the State,
appoint the director of any division of the Department to serve as Acting Secretary during such absence. In either case the
Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during an absence or
incapacity or until a successor is duly qualified and appointed.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 140, § 10.;
§ 9005. Powers, duties and functions of Secretary.
The Secretary shall:
(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices,
functions and employees;
(2) Appoint and determine the salary, with the written approval of the Governor, of the following Directors who may be removed
from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions
in the administration and operation of the Department that may be assigned by the Secretary:
a. A director of the Division of Family Services who shall be known as the Director of Family Services;
b. A director of the Division of Prevention and Behavioral Health Services who shall be known as the Director of Prevention
and Behavioral Health Services;
c. A director of the Division of Youth Rehabilitative Services who shall be known as the Director of Youth Rehabilitative
Services; and
d. A director of the Division of Management Services who shall be known as the Director of Management Services;
(3) Appoint the following administrators and any additional personnel as may be necessary for the administration and operation
of the Department within such limitations as may be imposed by law:
a. An administrator of the Office of Case Management who shall be known as the Administrator of Case Management; and
b. An administrator of the Office of Prevention who shall be known as the Administrator of Prevention;
(4) Establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine
the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the
written approval of the Governor, may deem necessary, providing that all powers, duties and functions required and assigned
by law to the Department shall be provided for and maintained;
(5) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical
and other services and facilities from public and private agencies in this State and other states, whenever the same shall
be deemed by the Secretary to be necessary in the performance of the functions of the Department. All necessary legal services
shall be provided pursuant to Chapter 25 of this title;
(6) Delegate any of the Secretary's powers, duties or functions to a division, except the power to remove employees of the
Department or to determine their compensation;
(7) Establish and promulgate such rules and regulations governing the services and programs of the Department and such other
rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary
and which are not inconsistent with the federal and state law;
(8) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(9) Adopt an official seal or seals for the Department;
(10) Prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and
the General Assembly as directed under this chapter;
(11) Coordinate the activities of the Department with those of other state departments and private agencies concerned with
providing services for children and their families;
(12) Make such reports in such form and containing such information as the federal government may require in order to obtain
federal aid and comply with such provisions as the federal government may find necessary to assure the correctness and verification
of such reports;
(13) Devise and adopt a plan to provide for the use of weapons by probation and parole officers participating in the Operation
Safe Streets program. The plan shall require such officers, after successfully completing a psychological evaluation and a
course of instruction in weapons training and safety, to carry a firearm while at work in the field. Said course of training
shall meet or exceed the standards established by the Council on Police Training;
(14) Have any and all other powers and duties as are necessary to administer the powers, duties and functions of the Department
and implement the purposes of this chapter.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, §§ 4, 5; 72 Del. Laws, c. 224, § 1; 76 Del. Laws, c. 130, § 1; 77 Del. Laws, c. 327, § 210(a).;
§ 9006. Major organizational units created.
The following Divisions and other major organizational units are hereby created within the Department of Services for Children,
Youth and Their Families:
(1) The Division of Family Services which shall be responsible for the provision of child protective, placement, treatment,
prevention, adoption and related services;
(2) The Division of Prevention and Behavioral Health Services which shall be responsible for the provision of prevention,
outpatient and residential mental health, and drug and alcohol treatment services for children and youth;
(3) The Division of Youth Rehabilitative Services which shall be responsible for the provision of detention, institutional
care, probation, aftercare and prevention services for children and youth;
(4) The Division of Management Services which shall be responsible for administering and coordinating fiscal affairs, record
keeping, personnel, accounting and purchasing, and other general services for the Department as the Secretary may deem necessary
for the proper, efficient and economical operation of the Department;
(5) The Office of Case Management which shall be responsible for monitoring case management among the divisions within the
Department. This Office shall have the authority to assign case management responsibility to one of the service divisions
whenever necessary;
(6) The Office of Prevention which shall have the responsibility for providing training, public education and consultation
services aimed at preventing child abuse, dependency, neglect, juvenile delinquency, mental health disorders and drug and
alcohol abuse among children and youth.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, §§ 6-11; 77 Del. Laws, c. 327, § 210(a).;
§ 9007. Exemptions from merit system.
The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:
(1) Secretary of the Department of Services for Children, Youth and Their Families;
(2) Director of Family Services;
(3) Director of Prevention and Behavioral Health Services;
(4) Director of Youth Rehabilitative Services;
(5) Director of Management Services; and
(6) Deputy Directors and private secretaries as provided in Chapter 59 of this title.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, § 12; 77 Del. Laws, c. 327, § 210(a).;
§ 9008. Advisory Council for Children, Youth and Their Families.
(a) There is hereby established an Advisory Council for Children, Youth and Their Families.
(b) The Advisory Council for Children, Youth and Their Families shall serve in an advisory capacity to the Secretary of the
Department of Services for Children, Youth and Their Families. The duties of the Council shall include, but not be limited
to, the following:
(1) Study, research and advise the Secretary on the development of family-centered services and further service integration
within the Department;
(2) Review and advise the Secretary regarding the annual proposed budget for the Department;
(3) Recommend legislation to the Secretary to improve services for youth and their families;
(4) Provide input to the Secretary on the Department's long term strategic planning process;
(5) Identify the emerging needs of Delaware's youth and their families and help to plan changes required in the state's service
delivery system;
(6) Review and advise the Secretary regarding the Youth Rehabilitative Trust funds.
(c) The Advisory Council shall be composed of 15 members who shall be appointed by the Governor. The terms of the new members
shall be staggered. The first 8 appointees shall serve for a term of 2 years. The remaining 7 new members shall serve for
a term of 1 year. Thereafter, all new appointees shall serve for a term of 2 years. No person shall serve for more than 2
consecutive terms. Persons serving 2 consecutive terms shall be eligible for reappointment after a 1 year absence.
(d) No more than 8 of the members of the Council shall be affiliated with the same political party. Any person who declines
to announce his or her political affiliation shall also be eligible for appointment as a member of the Council.
(e) The Council shall be composed of 8 public members and 7 professional members. Public members are defined as persons not
employed in a professional capacity with youth service agencies or organizations. Professional members are defined as employees
of public and private youth service agencies or organizations or related governmental agencies.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among the Council members and shall serve
in that capacity for a term of one year and shall be eligible for 1 reappointment.
(g) The Chairperson of the Council shall be responsible for submitting the Council's findings and recommendations to the Secretary
of the Department. Any written inquiries or recommendations submitted by the Council shall be responded to in written form
by the Secretary within 30 working days of receipt of the inquiries or recommendations. The Secretary shall either adopt
or reject recommendations made by the Council and provide the Council with a written explanation for such a decision.
(h) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council. The Secretary shall provide the Council with staff support.
(i) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
64 Del. Laws, c. 108, § 14; 65 Del. Laws, c. 168, § 1; 67 Del. Laws, c. 398, § 1; 70 Del. Laws, c. 140, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 9009. Assumption of powers.
As of the effective date of this chapter, the Department shall have the power to perform and shall be responsible for the
performance of all powers, duties and functions relating to the provision of child protective services, child mental health
services, youth correctional services and youth probation services heretofore vested by law in the Department of Health and
Social Services, Division of Mental Health and Division of Child Protective Services, the Department of Correction, Bureau
of Juvenile Correction and Family Court. These powers, duties and functions shall include, but are not limited to, the following:
(1) The powers and duties of the Division of Child Protective Services, Department of Health and Social Services, prescribed
in Chapter 9 of Title 16, subchapters I, II, III, IV, V of Chapter 3 of Title 31 and Chapter 27 of Title 31; and Chapters
9 and 11 of Title 13;
(2) The powers and duties of the Bureau of Juvenile Correction, Department of Correction, prescribed in Chapters 51, 52 and
53 of Title 31;
(3) The powers and duties of the Division of Mental Health, Department of Health and Social Services that pertain to the provision
of mental health services to children and youth, as prescribed in Chapter 53 of Title 16; and
(4) The powers and duties of the Department of Services for Children, Youth and Their Families, prescribed in Chapter 90 of
this title.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9010. Existing rights of appeal preserved.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function
or functions transferred to the Department or to any division, subdivision or office thereof shall continue to exist with
respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such
functions is transferred and each such appeal shall be perfected in the manner heretofore provided by law.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9011. Transfer of functions to Department.
(a) All property, including all books, records, papers, maps, charts, plans, equipment and other materials owned by or in
the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department
shall, on the effective date of this chapter, be delivered into the custody of the Department. All investigations, petitions,
hearings, and legal proceedings pending before, or instituted by or against, any agency from which functions are transferred
by this chapter and which are not concluded prior to the effective date of this chapter shall continue unabated and remain
in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or
in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred by
this chapter and which govern such functions, and which are in effect upon the effective date of this chapter, shall remain
in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations
of any agency made or undertaken in the performance of a function transferred by this chapter to the Department and being
in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in full force and effect and be
performed by the Department.
(b)(1) All facilities, institutions, resources, property and equipment of such facilities or institutions which are used for
children and specifically Ferris School for Boys, Woods Haven-Kruse School for Girls, Bridge House, Stevenson House and Terry
Children's Psychiatric Center, now under the administrative control of the Department of Health and Social Services and Department
of Correction; and all authority, duties and responsibilities respecting such facilities and institutions, and their administration,
control, conduct and operation which, prior to the effective date of this chapter, was vested in the Department of Health
and Social Services and Department of Correction, or any other department, agency, bureau, division or office of the State,
are hereby transferred to the Department of Services for Children, Youth and Their Families.
(2) The Department of Health and Social Services shall continue to provide the maintenance, utilities and other support services,
as defined by the Budget Director, for the facilities known as the Governor Bacon Health Center Children's Village. All resources
and equipment associated with these facilities, now under the administrative control of the Department of Health and Social
Services, are hereby transferred to the Department of Services for Children, Youth and Their Families.
(c) All children who, on the effective date of this chapter, are under the supervision, care or protection or in the custody
of the Department of Health and Social Services, Department of Services for Children, Youth and Their Families, Division of
Child Protective Services, Division of Mental Health or the Department of Correction, Bureau of Juvenile Correction, or have
been placed on probation under Family Court supervision shall be deemed to be under the supervision, care or protection, or
in the custody of the Department of Services for Children, Youth and Their Families as of the effective date of this chapter.
(d) Employees of any commission, bureau, department, division or agency whose functions are consistent with this chapter and
who have been transferred to the Department of Services for Children, Youth and Their Families by this chapter, shall continue
and be deemed to be the employees of the Department on the effective date of this chapter, and, where applicable, with all
the benefits accrued as merit employees as of the effective date of this chapter.
(e) All youth probation counselors who are employed by the Family Court and any other individuals who are otherwise employed
by the Family Court in connection with the provision of youth probation services and any authorized positions for the same
shall be transferred to the Department and deemed to be employees of the Department on the effective date of this chapter,
where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.
(f) All definitions and references to any commission, board, department, council, division or agency which appear in any other
act or law shall, to the extent that they are consistent with this chapter and in connection with a function transferred by
this chapter to the Department or to any subdivision thereof or to any council or office created by this chapter, be construed
as referring and relating to the Department of Services for Children, Youth and Their Families as created and established
by this chapter.
(g) All definitions and references to any director, commissioner, executive secretary, commission, board or council member
or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter,
and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons
and their powers, duties and functions as established and created by this chapter.
(h) The Secretary of the Department and Division Directors who hold such position just prior to the effective date of this
chapter shall be and continue to act in their respective capacities until death, resignation or removal. The purpose is to
transfer all functions of the existing Department into the new Department.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2; 70 Del. Laws, c. 186, § 1.;
§ 9012. Transfer of appropriated funds.
Notwithstanding any other provision of state law, any sums appropriated to any division, commission, department, council,
agency or person affected by this chapter and any funds appropriated for the provision of child protective services, child
mental health services, youth correctional services and youth probation services which, on the effective date of this chapter,
are unencumbered, encumbered or unexpended and any authorized positions affected by this chapter shall be and are hereby appropriated
and transferred to the Department of Services for Children, Youth and Their Families. The Budget Director and the Controller
General are hereby authorized and directed to make such transfers of funds and positions as may be required to carry out this
chapter.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9013. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations
and render such other reports as the Governor or General Assembly may request or as may be required by law.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9014. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by
the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any
commission, board, department, authority, council or agency, from which, by this chapter, the powers, duties and functions
have been transferred to the Department, the estate or interest therein expressed or described.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9015. Budgeting and financing.
(a) The Secretary, in cooperation with the Department directors and office administrators, shall prepare a proposed budget
for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department
shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Each fiscal year, pursuant to established methodology, the Secretary and the Office of Management and Budget shall review
projections on the number of child abuse and neglect cases and the number of child care facilities to be licensed and monitored
for the next fiscal year. Based on these projections, the General Assembly shall fund, subject to a specific appropriation,
funds and positions for the next fiscal year, beginning each July 1, to the Division of Family Services to provide:
(1) An adequate number of child protection investigation workers so that regional caseloads do not exceed 11 cases per fully
functioning worker;
(2) An adequate number of child protection treatment workers so that regional caseloads do not exceed 18 cases per fully functioning
worker;
(3) An adequate number of Family Service supervisors so that there is 1 supervisor for every 5 workers;
(4) An adequate number of training positions, but not less than 15, to ensure that fully trained staff are always available
to fill vacancies;
(5) An adequate number of licensing specialists for child care centers and family child care homes so that caseloads do not
exceed 150 per specialist;
(6) An adequate number of licensing specialists for 24-hour residential child care facilities so that caseloads do not exceed
30 per specialist; and
(7) An adequate number of licensing supervisors so that there is 1 supervisor for every 5 workers.
In the event that regional caseloads exceed the above set standards during any fiscal year, the Office of Management and Budget
shall, to the extent monies are available, authorize the use of casual seasonal positions as a temporary mechanism to ensure
that caseloads remain within Delaware standards. Fully functioning workers are workers that are employed and working full-time,
and do not include workers on extended medical leave, trainees who have not completed training or workers with restricted
caseloads.
(c) In order to ensure the standards set forth in subsection (b) of this section are maintained, the Secretary shall submit
a quarterly report to the Governor, the Controller General and the Director of the Office of Management and Budget, with copies
to the Chairpersons of the House of Representatives Committee on Health and Human Development, the Senate Committee on Children,
Youth and Their Families, and the Child Protection Accountability Commission that details the above information both statewide
and on a regional basis.
(d) For the purpose of retaining and attracting experienced investigation and treatment workers in the Division of Family
Services, the Division may competitively recruit for Family Crisis Therapists in their investigation and treatment units.
Current Division employees who successfully apply for these positions shall have their position reclassified to Family Crisis
Therapist. Such reclassifications or reclassifications of vacant positions to Family Crisis Therapist shall be effective upon
the approval of the Director of the Office of Management and Budget and the Controller General. The Division is authorized
to transfer positions between budget units in order to adjust its complement to ensure the correct number of fully functioning
employees are in each functional unit of the Division. The Division shall submit a quarterly report to the Director of the
Office of Management and Budget and the Controller General detailing any adjustments to the complement, the number of Family
Crisis Therapists hired and retention statistics.
(e) Special funds may be used in accordance with approved programs, grants and appropriations.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2; 71 Del. Laws, c. 475, § 1; 74 Del. Laws, c. 283, § 1; 75 Del. Laws, c. 88, §§ 20(6), 21(13), 26(2); 76 Del. Laws, c. 169, § 1.;
§ 9016. Appointment of special investigators; powers and duties.
(a) The Secretary may appoint up to 3 qualified persons to be special investigators for the Division of Family Services. Such
investigators shall hold office at the pleasure of the Secretary. Any person appointed pursuant to this section shall have
a minimum of 10 years experience as a "police officer," as that term is defined in § 1911(a) of Title 11, significant investigatory
experience while working as a police officer, shall be in good standing with the previous or present law enforcement agency
where such person is or was employed, and shall have such other qualifications deemed appropriate by the Secretary.
(b) Special investigators appointed under this section may conduct investigations of child abuse, neglect, or risk of maltreatment
anywhere in this State as directed by the Director of the Division of Family Services and shall have the power to make arrests
and serve writs anywhere in this State. Special investigators shall have statewide powers as enumerated under § 1911 of Title
11 and such other powers as conferred by law on police officers, sheriffs, constables and other law enforcement personnel.
Notwithstanding the above, special investigators pursuant to this section shall not have the authority to take custody of
a child unless pursuant to an order from the Family Court or in conjunction with the law enforcement agency charged with jurisdiction
over the case. To the extent possible, special investigators pursuant to this section shall consult with the police agency
of jurisdiction and the Director or the Director's designee prior to making an arrest and shall do so in all cases after making
any such arrest.
(c) The salary of special investigators shall be fixed by the Secretary within the appropriations made to the Department.
(d) Special investigators will assist in the training of other Division staff.
71 Del. Laws, c. 199, § 11.;
§ 9017. Confidential information.
(a) In the course of performing its functions as enumerated in this chapter, the Department shall be entitled to inspect and
copy all records regarding any children in the care, supervision, protection or custody of the Department and their parents,
guardians, caretakers or custodians which are maintained and controlled by the Department of Health and Social Services.
(b) The Department shall have the discretion to release information from its records to public and private agencies if it
determines that such release will serve the best interest of children in its care.
(c) In releasing the aforementioned records pursuant to this section, the Department and the Department of Health and Social
Services and their employees shall have immunity from any civil or criminal liability.
(d) This section shall not be construed to override any confidentiality provisions provided under state or federal law which
govern any records in the control of the Department of Health and Social Services, including but not limited to, the following
statutes: §§ 157, 702, 1121(6) and 5161(a)(7) of Title 16; and § 2802 of Title 31.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2; 71 Del. Laws, c. 199, § 11.;
§ 9018. Supremacy of chapter.
All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or
amended so far as necessary to conform to and give full force and effect to this chapter.
64 Del. Laws, c. 108, § 14; 67 Del. Laws, c. 398, § 2; 71 Del. Laws, c. 199, § 11.;
§ 9019. Liability for maintenance of children in care of Department; collection remedies.
(a) Any person liable for the support of a child under any law of this State shall be liable for the care, maintenance and
support furnished to a child committed or admitted to any service provided by the Department of Services for Children, Youth
and Their Families.
(b) The Department of Services for Children, Youth and Their Families may collect from any such person all moneys necessary
to discharge and pay all liability of such child for the child's care, maintenance and support; provided, however, that such
liability is based upon ability to pay and in accordance with § 7940 of this title.
(c) The Department of Services for Children, Youth and Their Families may also proceed for the recovery of the moneys necessary
for care, maintenance and support in an action to be brought in any court of competent jurisdiction in the name of the Department.
(d) All fees collected under this section shall be deposited into the General Fund.
65 Del. Laws, c. 211, § 3; 67 Del. Laws, c. 70, §§ 1-3; 67 Del. Laws, c. 398, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 138, § 11.;
§ 9020. Drug testing required.
(a) The Department is authorized and required to conduct drug testing as set forth in this section of any employee or prospective
employee accepting a safety, security sensitive or child care position, as determined by policy and regulations adopted by
the Department. The following drug testing shall be required:
(1) Preemployment testing. -- The Department shall not hire or employ any person without first obtaining the results of such
person's mandatory drug screening as specified in subsection (b) of this section.
(2) Random testing. -- All safety, security sensitive and child care employees shall be subject to random testing for illegal
use of the drugs specified in subsection (b) of this section.
(3) Reasonable suspicion testing. -- The Department, acting through its supervisory personnel, may also conduct a drug test
based on a reasonable suspicion that a safety, security sensitive or child care employee is impaired by an illegal drug.
(b) Any person offered employment with the Department as a safety, security sensitive or child care employee shall be required
to submit to mandatory drug screening pursuant to this section and the regulations promulgated by the Department. Such regulations
shall require drug testing for the following controlled substances:
(1) Marijuana/cannabis;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine ("PCP");
(5) Amphetamines;
(6) Any other controlled prescription drugs specified by the Department in the regulations promulgated pursuant to this section.
(c) Conditional offer. -- Notwithstanding the provisions of this section, the Department may make a conditional offer of employment
to an applicant who has submitted to the required drug screening. No person made a conditional offer of employment shall receive
an official starting date until the results of their preemployment drug screen have been received. Any applicant made a conditional
offer of employment shall be informed that the results of that applicant's drug screen have been requested.
(d) The Department shall adopt policies and procedures for imposing sanctions, which may include referral to the State's Employee
Assistance Program, suspension or termination, upon any safety, security sensitive or child care employee who wilfully refuses
to submit to random or reasonable suspicion testing or whose drug screen indicates that such person has illegally used or
consumed a drug or drugs. No employee shall be sanctioned when such person has used or consumed the drug or drugs detected
according to the directions and terms of a lawfully obtained prescription for such drug or drugs.
77 Del. Laws, c. 270, § 1; 70 Del. Laws, c. 186, § 1.;
CHAPTER 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES
§ 9001. Intent and purpose.
(a) The General Assembly finds and declares that parents have the primary responsibility for meeting the needs of their children
and the State has an obligation to help them discharge this responsibility or to assume this responsibility when parents are
unable to do so; while the State has a basic obligation to promote family stability and preserve the family as a unit, and
protect and safeguard the well-being of children through the provision of a comprehensive program of social services and facilities
for children and their families who require care, guidance, control, protection, treatment, rehabilitation or confinement.
(b) The General Assembly hereby declares that the purpose of this chapter and the policy of the State is to achieve the consolidation
of services to children, youth and their families within the jurisdiction of a single agency in order to avoid fragmentation
and duplication of services and to increase accountability for the delivery and administration of these services; to plan,
develop and administer a comprehensive and unified service delivery system to abused, neglected, dependent, delinquent and
mentally ill or emotionally disturbed children and youth within a continuum of care, which shall include the involvement of
their family, within the least restrictive environment possible but consistent with the child's health and safety; to emphasize
preventive services to children, youth and their families, in order to avoid the costs to the State of individual and family
instability.
64 Del. Laws, c. 108, §§ 1, 14; 71 Del. Laws, c. 199, §§ 7-9.;
§ 9002. Department of Services for Children, Youth and Their Families reestablished.
There is hereby reestablished the Department of Services for Children, Youth and Their Families hereinafter referred to as
the "Department."
64 Del. Laws, c. 108, §§ 1, 14.;
§ 9003. Powers, duties and functions.
The Department of Services for Children, Youth and Their Families shall have the following powers, duties and functions:
(1) To provide to children, youth and their families a comprehensive and effective statewide program of services for children
and youth who have been committed to the Department or placed in the care of the Department by the Court, referred to the
Department by parents, agencies or other individuals, or who have otherwise voluntarily applied to the Department for services;
(2) To provide services to children, youth and their families to prevent children and youth from becoming abused, neglected,
dependent and delinquent, as defined under existing law, and to prevent mental illness and emotional disorders among children
and youth;
(3)a. To provide for a variety of facilities and services to children, youth and their families which shall include, but not
be limited to the following:
1. Protective services;
2. Preplacement, preventive services and reunification services;
3. Home-based services;
4. Mental health outpatient services;
5. Drug and alcohol outpatient services;
6. Residential and institutional facilities;
7. Probation, aftercare and follow-up services;
8. Adoption and permanent placement services;
9. Evaluation, diagnostic and treatment services;
10. Foster care services;
11. A continuum of residential mental health services, which shall include, but not be limited to, inpatient psychiatric hospitalization
for all children requiring such care, mental health residential treatment centers and specialized mental health treatment
services in other group-care facilities and foster homes;
b. The Division of Family Services will provide family preservation services to those families whose children are at imminent
risk of out-of-home placement when it has determined that out-of-home placement can be avoided; provided, however, that the
Division's highest priority in cases of abuse and neglect where an investigation is required pursuant to § 906 of Title 16
shall be the health and safety of the child and nothing herein will prevent the Division from removing a child from the child's
home when it has determined that the child's safety and well-being may be jeopardized by remaining in the family home;
(4) To prepare and maintain a written case plan for each child under its supervision or custody, which shall include but not
be limited to a description of the child's problems, the care and treatment of the child, and any other services to be provided
to the child and the child's family; each case plan must be designed to achieve any placement of the child outside of the
child's home in the least restrictive setting available and in close proximity to the child's home, consistent with the best
interests and special needs of the child;
(5) To conduct a written review at least every 6 months of the case plan for each child under its supervision or custody for
the purpose of determining whether the plan is appropriate;
(6) To develop a central case management system which will provide coordinated information on client progress, including the
client's entry and exit from the system, assessment of the client's needs, development and review of the case plan and evaluation
and monitoring of the client's progress;
(7) To license, register and monitor all residential and nonresidential child care facilities, including but not limited to
institutions, child placement and adoption agencies, day care centers, family day care homes, group day care homes, group
homes and foster homes unless otherwise exempted by law; provided however, that no license for a residential or nonresidential
child care facility to be operated within the corporate limits of the City of Wilmington shall be granted until the applicant
has provided the Department with verification of licensure by the City of Wilmington to operate a childcare facility;
(8) To supervise the provision of education in all facilities operated by the Department;
(9) To monitor and evaluate all aspects of its service delivery system and document the need for or degree of compliance with
standards, policies and procedures adopted by the Department;
(10) To administer the Interstate Compact on Juveniles and the Interstate Compact on Child Placement;
(11) To establish, implement and follow procedures and standards compatible with due process of law with respect to the removal
of a child from the child's home, a change in the placement of a child who is under the supervision or custody of the Department,
and any other actions by the Department that may affect the legal rights of a child and the child's family;
(12) To provide or contract with public and private agencies in this State and other states for facilities and services necessary
to achieve the purposes of this chapter;
(13) To provide or contract for services designed to maintain or provide permanent homes for children who are in out-of-home
care, through the provision of adoption services or, whenever feasible, reunification services for children and their families;
(14) To develop and implement rules, regulations, standards and policies governing the internal operation and administration
of the Department and provision of services;
(15) To exercise the authority and power to administer protective, mental health, correctional and probation services to children
presently delegated by law to the Department of Health and Social Services, Division of Mental Health; Department of Correction,
Bureau of Juvenile Correction; Family Court; and previously delegated by law to the Department of Health and Social Services,
Division of Child Protective Services;
(16) To certify annually on January 31 to the Governor and the General Assembly that the mixing of adjudicated and nonadjudicated
youths shall not take place in the Ferris School.
(17) To exercise all other powers necessary and proper for the discharge of its duties.
64 Del. Laws, c. 108, §§ 1, 14; 65 Del. Laws, c. 211, §§ 1, 2; 69 Del. Laws, c. 352, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 198, § 1; 71 Del. Laws, c. 199, § 10; 71 Del. Laws, c. 301, § 1; 73 Del. Laws, c. 310, § 19.;
(a) The administrator and head of the Department shall be the Secretary of the Department of Services for Children, Youth
and Their Families, who shall be a person qualified by training and experience to perform the duties of this office. The Secretary
shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor
and receive a salary to be determined by the Governor. The Secretary of the Department of Services for Children, Youth and
Their Families shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however,
that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State,
the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or
retain such residency shall serve to terminate said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the positions
of Division Directors as are vacant. The Directors so appointed shall serve at the pleasure of the Governor and, upon the
position of Secretary being filled, such Directors may be removed from office by the Secretary with the written approval of
the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a
successor, the Governor may appoint a person to serve as Acting Secretary. The Secretary may, during an absence from the State,
appoint the director of any division of the Department to serve as Acting Secretary during such absence. In either case the
Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during an absence or
incapacity or until a successor is duly qualified and appointed.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 140, § 10.;
§ 9005. Powers, duties and functions of Secretary.
The Secretary shall:
(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices,
functions and employees;
(2) Appoint and determine the salary, with the written approval of the Governor, of the following Directors who may be removed
from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions
in the administration and operation of the Department that may be assigned by the Secretary:
a. A director of the Division of Family Services who shall be known as the Director of Family Services;
b. A director of the Division of Prevention and Behavioral Health Services who shall be known as the Director of Prevention
and Behavioral Health Services;
c. A director of the Division of Youth Rehabilitative Services who shall be known as the Director of Youth Rehabilitative
Services; and
d. A director of the Division of Management Services who shall be known as the Director of Management Services;
(3) Appoint the following administrators and any additional personnel as may be necessary for the administration and operation
of the Department within such limitations as may be imposed by law:
a. An administrator of the Office of Case Management who shall be known as the Administrator of Case Management; and
b. An administrator of the Office of Prevention who shall be known as the Administrator of Prevention;
(4) Establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine
the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the
written approval of the Governor, may deem necessary, providing that all powers, duties and functions required and assigned
by law to the Department shall be provided for and maintained;
(5) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical
and other services and facilities from public and private agencies in this State and other states, whenever the same shall
be deemed by the Secretary to be necessary in the performance of the functions of the Department. All necessary legal services
shall be provided pursuant to Chapter 25 of this title;
(6) Delegate any of the Secretary's powers, duties or functions to a division, except the power to remove employees of the
Department or to determine their compensation;
(7) Establish and promulgate such rules and regulations governing the services and programs of the Department and such other
rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary
and which are not inconsistent with the federal and state law;
(8) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(9) Adopt an official seal or seals for the Department;
(10) Prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and
the General Assembly as directed under this chapter;
(11) Coordinate the activities of the Department with those of other state departments and private agencies concerned with
providing services for children and their families;
(12) Make such reports in such form and containing such information as the federal government may require in order to obtain
federal aid and comply with such provisions as the federal government may find necessary to assure the correctness and verification
of such reports;
(13) Devise and adopt a plan to provide for the use of weapons by probation and parole officers participating in the Operation
Safe Streets program. The plan shall require such officers, after successfully completing a psychological evaluation and a
course of instruction in weapons training and safety, to carry a firearm while at work in the field. Said course of training
shall meet or exceed the standards established by the Council on Police Training;
(14) Have any and all other powers and duties as are necessary to administer the powers, duties and functions of the Department
and implement the purposes of this chapter.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, §§ 4, 5; 72 Del. Laws, c. 224, § 1; 76 Del. Laws, c. 130, § 1; 77 Del. Laws, c. 327, § 210(a).;
§ 9006. Major organizational units created.
The following Divisions and other major organizational units are hereby created within the Department of Services for Children,
Youth and Their Families:
(1) The Division of Family Services which shall be responsible for the provision of child protective, placement, treatment,
prevention, adoption and related services;
(2) The Division of Prevention and Behavioral Health Services which shall be responsible for the provision of prevention,
outpatient and residential mental health, and drug and alcohol treatment services for children and youth;
(3) The Division of Youth Rehabilitative Services which shall be responsible for the provision of detention, institutional
care, probation, aftercare and prevention services for children and youth;
(4) The Division of Management Services which shall be responsible for administering and coordinating fiscal affairs, record
keeping, personnel, accounting and purchasing, and other general services for the Department as the Secretary may deem necessary
for the proper, efficient and economical operation of the Department;
(5) The Office of Case Management which shall be responsible for monitoring case management among the divisions within the
Department. This Office shall have the authority to assign case management responsibility to one of the service divisions
whenever necessary;
(6) The Office of Prevention which shall have the responsibility for providing training, public education and consultation
services aimed at preventing child abuse, dependency, neglect, juvenile delinquency, mental health disorders and drug and
alcohol abuse among children and youth.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, §§ 6-11; 77 Del. Laws, c. 327, § 210(a).;
§ 9007. Exemptions from merit system.
The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:
(1) Secretary of the Department of Services for Children, Youth and Their Families;
(2) Director of Family Services;
(3) Director of Prevention and Behavioral Health Services;
(4) Director of Youth Rehabilitative Services;
(5) Director of Management Services; and
(6) Deputy Directors and private secretaries as provided in Chapter 59 of this title.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, § 12; 77 Del. Laws, c. 327, § 210(a).;
§ 9008. Advisory Council for Children, Youth and Their Families.
(a) There is hereby established an Advisory Council for Children, Youth and Their Families.
(b) The Advisory Council for Children, Youth and Their Families shall serve in an advisory capacity to the Secretary of the
Department of Services for Children, Youth and Their Families. The duties of the Council shall include, but not be limited
to, the following:
(1) Study, research and advise the Secretary on the development of family-centered services and further service integration
within the Department;
(2) Review and advise the Secretary regarding the annual proposed budget for the Department;
(3) Recommend legislation to the Secretary to improve services for youth and their families;
(4) Provide input to the Secretary on the Department's long term strategic planning process;
(5) Identify the emerging needs of Delaware's youth and their families and help to plan changes required in the state's service
delivery system;
(6) Review and advise the Secretary regarding the Youth Rehabilitative Trust funds.
(c) The Advisory Council shall be composed of 15 members who shall be appointed by the Governor. The terms of the new members
shall be staggered. The first 8 appointees shall serve for a term of 2 years. The remaining 7 new members shall serve for
a term of 1 year. Thereafter, all new appointees shall serve for a term of 2 years. No person shall serve for more than 2
consecutive terms. Persons serving 2 consecutive terms shall be eligible for reappointment after a 1 year absence.
(d) No more than 8 of the members of the Council shall be affiliated with the same political party. Any person who declines
to announce his or her political affiliation shall also be eligible for appointment as a member of the Council.
(e) The Council shall be composed of 8 public members and 7 professional members. Public members are defined as persons not
employed in a professional capacity with youth service agencies or organizations. Professional members are defined as employees
of public and private youth service agencies or organizations or related governmental agencies.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among the Council members and shall serve
in that capacity for a term of one year and shall be eligible for 1 reappointment.
(g) The Chairperson of the Council shall be responsible for submitting the Council's findings and recommendations to the Secretary
of the Department. Any written inquiries or recommendations submitted by the Council shall be responded to in written form
by the Secretary within 30 working days of receipt of the inquiries or recommendations. The Secretary shall either adopt
or reject recommendations made by the Council and provide the Council with a written explanation for such a decision.
(h) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council. The Secretary shall provide the Council with staff support.
(i) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
64 Del. Laws, c. 108, § 14; 65 Del. Laws, c. 168, § 1; 67 Del. Laws, c. 398, § 1; 70 Del. Laws, c. 140, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 9009. Assumption of powers.
As of the effective date of this chapter, the Department shall have the power to perform and shall be responsible for the
performance of all powers, duties and functions relating to the provision of child protective services, child mental health
services, youth correctional services and youth probation services heretofore vested by law in the Department of Health and
Social Services, Division of Mental Health and Division of Child Protective Services, the Department of Correction, Bureau
of Juvenile Correction and Family Court. These powers, duties and functions shall include, but are not limited to, the following:
(1) The powers and duties of the Division of Child Protective Services, Department of Health and Social Services, prescribed
in Chapter 9 of Title 16, subchapters I, II, III, IV, V of Chapter 3 of Title 31 and Chapter 27 of Title 31; and Chapters
9 and 11 of Title 13;
(2) The powers and duties of the Bureau of Juvenile Correction, Department of Correction, prescribed in Chapters 51, 52 and
53 of Title 31;
(3) The powers and duties of the Division of Mental Health, Department of Health and Social Services that pertain to the provision
of mental health services to children and youth, as prescribed in Chapter 53 of Title 16; and
(4) The powers and duties of the Department of Services for Children, Youth and Their Families, prescribed in Chapter 90 of
this title.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9010. Existing rights of appeal preserved.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function
or functions transferred to the Department or to any division, subdivision or office thereof shall continue to exist with
respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such
functions is transferred and each such appeal shall be perfected in the manner heretofore provided by law.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9011. Transfer of functions to Department.
(a) All property, including all books, records, papers, maps, charts, plans, equipment and other materials owned by or in
the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department
shall, on the effective date of this chapter, be delivered into the custody of the Department. All investigations, petitions,
hearings, and legal proceedings pending before, or instituted by or against, any agency from which functions are transferred
by this chapter and which are not concluded prior to the effective date of this chapter shall continue unabated and remain
in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or
in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred by
this chapter and which govern such functions, and which are in effect upon the effective date of this chapter, shall remain
in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations
of any agency made or undertaken in the performance of a function transferred by this chapter to the Department and being
in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in full force and effect and be
performed by the Department.
(b)(1) All facilities, institutions, resources, property and equipment of such facilities or institutions which are used for
children and specifically Ferris School for Boys, Woods Haven-Kruse School for Girls, Bridge House, Stevenson House and Terry
Children's Psychiatric Center, now under the administrative control of the Department of Health and Social Services and Department
of Correction; and all authority, duties and responsibilities respecting such facilities and institutions, and their administration,
control, conduct and operation which, prior to the effective date of this chapter, was vested in the Department of Health
and Social Services and Department of Correction, or any other department, agency, bureau, division or office of the State,
are hereby transferred to the Department of Services for Children, Youth and Their Families.
(2) The Department of Health and Social Services shall continue to provide the maintenance, utilities and other support services,
as defined by the Budget Director, for the facilities known as the Governor Bacon Health Center Children's Village. All resources
and equipment associated with these facilities, now under the administrative control of the Department of Health and Social
Services, are hereby transferred to the Department of Services for Children, Youth and Their Families.
(c) All children who, on the effective date of this chapter, are under the supervision, care or protection or in the custody
of the Department of Health and Social Services, Department of Services for Children, Youth and Their Families, Division of
Child Protective Services, Division of Mental Health or the Department of Correction, Bureau of Juvenile Correction, or have
been placed on probation under Family Court supervision shall be deemed to be under the supervision, care or protection, or
in the custody of the Department of Services for Children, Youth and Their Families as of the effective date of this chapter.
(d) Employees of any commission, bureau, department, division or agency whose functions are consistent with this chapter and
who have been transferred to the Department of Services for Children, Youth and Their Families by this chapter, shall continue
and be deemed to be the employees of the Department on the effective date of this chapter, and, where applicable, with all
the benefits accrued as merit employees as of the effective date of this chapter.
(e) All youth probation counselors who are employed by the Family Court and any other individuals who are otherwise employed
by the Family Court in connection with the provision of youth probation services and any authorized positions for the same
shall be transferred to the Department and deemed to be employees of the Department on the effective date of this chapter,
where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.
(f) All definitions and references to any commission, board, department, council, division or agency which appear in any other
act or law shall, to the extent that they are consistent with this chapter and in connection with a function transferred by
this chapter to the Department or to any subdivision thereof or to any council or office created by this chapter, be construed
as referring and relating to the Department of Services for Children, Youth and Their Families as created and established
by this chapter.
(g) All definitions and references to any director, commissioner, executive secretary, commission, board or council member
or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter,
and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons
and their powers, duties and functions as established and created by this chapter.
(h) The Secretary of the Department and Division Directors who hold such position just prior to the effective date of this
chapter shall be and continue to act in their respective capacities until death, resignation or removal. The purpose is to
transfer all functions of the existing Department into the new Department.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2; 70 Del. Laws, c. 186, § 1.;
§ 9012. Transfer of appropriated funds.
Notwithstanding any other provision of state law, any sums appropriated to any division, commission, department, council,
agency or person affected by this chapter and any funds appropriated for the provision of child protective services, child
mental health services, youth correctional services and youth probation services which, on the effective date of this chapter,
are unencumbered, encumbered or unexpended and any authorized positions affected by this chapter shall be and are hereby appropriated
and transferred to the Department of Services for Children, Youth and Their Families. The Budget Director and the Controller
General are hereby authorized and directed to make such transfers of funds and positions as may be required to carry out this
chapter.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9013. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations
and render such other reports as the Governor or General Assembly may request or as may be required by law.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9014. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by
the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any
commission, board, department, authority, council or agency, from which, by this chapter, the powers, duties and functions
have been transferred to the Department, the estate or interest therein expressed or described.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9015. Budgeting and financing.
(a) The Secretary, in cooperation with the Department directors and office administrators, shall prepare a proposed budget
for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department
shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Each fiscal year, pursuant to established methodology, the Secretary and the Office of Management and Budget shall review
projections on the number of child abuse and neglect cases and the number of child care facilities to be licensed and monitored
for the next fiscal year. Based on these projections, the General Assembly shall fund, subject to a specific appropriation,
funds and positions for the next fiscal year, beginning each July 1, to the Division of Family Services to provide:
(1) An adequate number of child protection investigation workers so that regional caseloads do not exceed 11 cases per fully
functioning worker;
(2) An adequate number of child protection treatment workers so that regional caseloads do not exceed 18 cases per fully functioning
worker;
(3) An adequate number of Family Service supervisors so that there is 1 supervisor for every 5 workers;
(4) An adequate number of training positions, but not less than 15, to ensure that fully trained staff are always available
to fill vacancies;
(5) An adequate number of licensing specialists for child care centers and family child care homes so that caseloads do not
exceed 150 per specialist;
(6) An adequate number of licensing specialists for 24-hour residential child care facilities so that caseloads do not exceed
30 per specialist; and
(7) An adequate number of licensing supervisors so that there is 1 supervisor for every 5 workers.
In the event that regional caseloads exceed the above set standards during any fiscal year, the Office of Management and Budget
shall, to the extent monies are available, authorize the use of casual seasonal positions as a temporary mechanism to ensure
that caseloads remain within Delaware standards. Fully functioning workers are workers that are employed and working full-time,
and do not include workers on extended medical leave, trainees who have not completed training or workers with restricted
caseloads.
(c) In order to ensure the standards set forth in subsection (b) of this section are maintained, the Secretary shall submit
a quarterly report to the Governor, the Controller General and the Director of the Office of Management and Budget, with copies
to the Chairpersons of the House of Representatives Committee on Health and Human Development, the Senate Committee on Children,
Youth and Their Families, and the Child Protection Accountability Commission that details the above information both statewide
and on a regional basis.
(d) For the purpose of retaining and attracting experienced investigation and treatment workers in the Division of Family
Services, the Division may competitively recruit for Family Crisis Therapists in their investigation and treatment units.
Current Division employees who successfully apply for these positions shall have their position reclassified to Family Crisis
Therapist. Such reclassifications or reclassifications of vacant positions to Family Crisis Therapist shall be effective upon
the approval of the Director of the Office of Management and Budget and the Controller General. The Division is authorized
to transfer positions between budget units in order to adjust its complement to ensure the correct number of fully functioning
employees are in each functional unit of the Division. The Division shall submit a quarterly report to the Director of the
Office of Management and Budget and the Controller General detailing any adjustments to the complement, the number of Family
Crisis Therapists hired and retention statistics.
(e) Special funds may be used in accordance with approved programs, grants and appropriations.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2; 71 Del. Laws, c. 475, § 1; 74 Del. Laws, c. 283, § 1; 75 Del. Laws, c. 88, §§ 20(6), 21(13), 26(2); 76 Del. Laws, c. 169, § 1.;
§ 9016. Appointment of special investigators; powers and duties.
(a) The Secretary may appoint up to 3 qualified persons to be special investigators for the Division of Family Services. Such
investigators shall hold office at the pleasure of the Secretary. Any person appointed pursuant to this section shall have
a minimum of 10 years experience as a "police officer," as that term is defined in § 1911(a) of Title 11, significant investigatory
experience while working as a police officer, shall be in good standing with the previous or present law enforcement agency
where such person is or was employed, and shall have such other qualifications deemed appropriate by the Secretary.
(b) Special investigators appointed under this section may conduct investigations of child abuse, neglect, or risk of maltreatment
anywhere in this State as directed by the Director of the Division of Family Services and shall have the power to make arrests
and serve writs anywhere in this State. Special investigators shall have statewide powers as enumerated under § 1911 of Title
11 and such other powers as conferred by law on police officers, sheriffs, constables and other law enforcement personnel.
Notwithstanding the above, special investigators pursuant to this section shall not have the authority to take custody of
a child unless pursuant to an order from the Family Court or in conjunction with the law enforcement agency charged with jurisdiction
over the case. To the extent possible, special investigators pursuant to this section shall consult with the police agency
of jurisdiction and the Director or the Director's designee prior to making an arrest and shall do so in all cases after making
any such arrest.
(c) The salary of special investigators shall be fixed by the Secretary within the appropriations made to the Department.
(d) Special investigators will assist in the training of other Division staff.
71 Del. Laws, c. 199, § 11.;
§ 9017. Confidential information.
(a) In the course of performing its functions as enumerated in this chapter, the Department shall be entitled to inspect and
copy all records regarding any children in the care, supervision, protection or custody of the Department and their parents,
guardians, caretakers or custodians which are maintained and controlled by the Department of Health and Social Services.
(b) The Department shall have the discretion to release information from its records to public and private agencies if it
determines that such release will serve the best interest of children in its care.
(c) In releasing the aforementioned records pursuant to this section, the Department and the Department of Health and Social
Services and their employees shall have immunity from any civil or criminal liability.
(d) This section shall not be construed to override any confidentiality provisions provided under state or federal law which
govern any records in the control of the Department of Health and Social Services, including but not limited to, the following
statutes: §§ 157, 702, 1121(6) and 5161(a)(7) of Title 16; and § 2802 of Title 31.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2; 71 Del. Laws, c. 199, § 11.;
§ 9018. Supremacy of chapter.
All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or
amended so far as necessary to conform to and give full force and effect to this chapter.
64 Del. Laws, c. 108, § 14; 67 Del. Laws, c. 398, § 2; 71 Del. Laws, c. 199, § 11.;
§ 9019. Liability for maintenance of children in care of Department; collection remedies.
(a) Any person liable for the support of a child under any law of this State shall be liable for the care, maintenance and
support furnished to a child committed or admitted to any service provided by the Department of Services for Children, Youth
and Their Families.
(b) The Department of Services for Children, Youth and Their Families may collect from any such person all moneys necessary
to discharge and pay all liability of such child for the child's care, maintenance and support; provided, however, that such
liability is based upon ability to pay and in accordance with § 7940 of this title.
(c) The Department of Services for Children, Youth and Their Families may also proceed for the recovery of the moneys necessary
for care, maintenance and support in an action to be brought in any court of competent jurisdiction in the name of the Department.
(d) All fees collected under this section shall be deposited into the General Fund.
65 Del. Laws, c. 211, § 3; 67 Del. Laws, c. 70, §§ 1-3; 67 Del. Laws, c. 398, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 138, § 11.;
§ 9020. Drug testing required.
(a) The Department is authorized and required to conduct drug testing as set forth in this section of any employee or prospective
employee accepting a safety, security sensitive or child care position, as determined by policy and regulations adopted by
the Department. The following drug testing shall be required:
(1) Preemployment testing. -- The Department shall not hire or employ any person without first obtaining the results of such
person's mandatory drug screening as specified in subsection (b) of this section.
(2) Random testing. -- All safety, security sensitive and child care employees shall be subject to random testing for illegal
use of the drugs specified in subsection (b) of this section.
(3) Reasonable suspicion testing. -- The Department, acting through its supervisory personnel, may also conduct a drug test
based on a reasonable suspicion that a safety, security sensitive or child care employee is impaired by an illegal drug.
(b) Any person offered employment with the Department as a safety, security sensitive or child care employee shall be required
to submit to mandatory drug screening pursuant to this section and the regulations promulgated by the Department. Such regulations
shall require drug testing for the following controlled substances:
(1) Marijuana/cannabis;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine ("PCP");
(5) Amphetamines;
(6) Any other controlled prescription drugs specified by the Department in the regulations promulgated pursuant to this section.
(c) Conditional offer. -- Notwithstanding the provisions of this section, the Department may make a conditional offer of employment
to an applicant who has submitted to the required drug screening. No person made a conditional offer of employment shall receive
an official starting date until the results of their preemployment drug screen have been received. Any applicant made a conditional
offer of employment shall be informed that the results of that applicant's drug screen have been requested.
(d) The Department shall adopt policies and procedures for imposing sanctions, which may include referral to the State's Employee
Assistance Program, suspension or termination, upon any safety, security sensitive or child care employee who wilfully refuses
to submit to random or reasonable suspicion testing or whose drug screen indicates that such person has illegally used or
consumed a drug or drugs. No employee shall be sanctioned when such person has used or consumed the drug or drugs detected
according to the directions and terms of a lawfully obtained prescription for such drug or drugs.
77 Del. Laws, c. 270, § 1; 70 Del. Laws, c. 186, § 1.;
CHAPTER 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES
§ 9001. Intent and purpose.
(a) The General Assembly finds and declares that parents have the primary responsibility for meeting the needs of their children
and the State has an obligation to help them discharge this responsibility or to assume this responsibility when parents are
unable to do so; while the State has a basic obligation to promote family stability and preserve the family as a unit, and
protect and safeguard the well-being of children through the provision of a comprehensive program of social services and facilities
for children and their families who require care, guidance, control, protection, treatment, rehabilitation or confinement.
(b) The General Assembly hereby declares that the purpose of this chapter and the policy of the State is to achieve the consolidation
of services to children, youth and their families within the jurisdiction of a single agency in order to avoid fragmentation
and duplication of services and to increase accountability for the delivery and administration of these services; to plan,
develop and administer a comprehensive and unified service delivery system to abused, neglected, dependent, delinquent and
mentally ill or emotionally disturbed children and youth within a continuum of care, which shall include the involvement of
their family, within the least restrictive environment possible but consistent with the child's health and safety; to emphasize
preventive services to children, youth and their families, in order to avoid the costs to the State of individual and family
instability.
64 Del. Laws, c. 108, §§ 1, 14; 71 Del. Laws, c. 199, §§ 7-9.;
§ 9002. Department of Services for Children, Youth and Their Families reestablished.
There is hereby reestablished the Department of Services for Children, Youth and Their Families hereinafter referred to as
the "Department."
64 Del. Laws, c. 108, §§ 1, 14.;
§ 9003. Powers, duties and functions.
The Department of Services for Children, Youth and Their Families shall have the following powers, duties and functions:
(1) To provide to children, youth and their families a comprehensive and effective statewide program of services for children
and youth who have been committed to the Department or placed in the care of the Department by the Court, referred to the
Department by parents, agencies or other individuals, or who have otherwise voluntarily applied to the Department for services;
(2) To provide services to children, youth and their families to prevent children and youth from becoming abused, neglected,
dependent and delinquent, as defined under existing law, and to prevent mental illness and emotional disorders among children
and youth;
(3)a. To provide for a variety of facilities and services to children, youth and their families which shall include, but not
be limited to the following:
1. Protective services;
2. Preplacement, preventive services and reunification services;
3. Home-based services;
4. Mental health outpatient services;
5. Drug and alcohol outpatient services;
6. Residential and institutional facilities;
7. Probation, aftercare and follow-up services;
8. Adoption and permanent placement services;
9. Evaluation, diagnostic and treatment services;
10. Foster care services;
11. A continuum of residential mental health services, which shall include, but not be limited to, inpatient psychiatric hospitalization
for all children requiring such care, mental health residential treatment centers and specialized mental health treatment
services in other group-care facilities and foster homes;
b. The Division of Family Services will provide family preservation services to those families whose children are at imminent
risk of out-of-home placement when it has determined that out-of-home placement can be avoided; provided, however, that the
Division's highest priority in cases of abuse and neglect where an investigation is required pursuant to § 906 of Title 16
shall be the health and safety of the child and nothing herein will prevent the Division from removing a child from the child's
home when it has determined that the child's safety and well-being may be jeopardized by remaining in the family home;
(4) To prepare and maintain a written case plan for each child under its supervision or custody, which shall include but not
be limited to a description of the child's problems, the care and treatment of the child, and any other services to be provided
to the child and the child's family; each case plan must be designed to achieve any placement of the child outside of the
child's home in the least restrictive setting available and in close proximity to the child's home, consistent with the best
interests and special needs of the child;
(5) To conduct a written review at least every 6 months of the case plan for each child under its supervision or custody for
the purpose of determining whether the plan is appropriate;
(6) To develop a central case management system which will provide coordinated information on client progress, including the
client's entry and exit from the system, assessment of the client's needs, development and review of the case plan and evaluation
and monitoring of the client's progress;
(7) To license, register and monitor all residential and nonresidential child care facilities, including but not limited to
institutions, child placement and adoption agencies, day care centers, family day care homes, group day care homes, group
homes and foster homes unless otherwise exempted by law; provided however, that no license for a residential or nonresidential
child care facility to be operated within the corporate limits of the City of Wilmington shall be granted until the applicant
has provided the Department with verification of licensure by the City of Wilmington to operate a childcare facility;
(8) To supervise the provision of education in all facilities operated by the Department;
(9) To monitor and evaluate all aspects of its service delivery system and document the need for or degree of compliance with
standards, policies and procedures adopted by the Department;
(10) To administer the Interstate Compact on Juveniles and the Interstate Compact on Child Placement;
(11) To establish, implement and follow procedures and standards compatible with due process of law with respect to the removal
of a child from the child's home, a change in the placement of a child who is under the supervision or custody of the Department,
and any other actions by the Department that may affect the legal rights of a child and the child's family;
(12) To provide or contract with public and private agencies in this State and other states for facilities and services necessary
to achieve the purposes of this chapter;
(13) To provide or contract for services designed to maintain or provide permanent homes for children who are in out-of-home
care, through the provision of adoption services or, whenever feasible, reunification services for children and their families;
(14) To develop and implement rules, regulations, standards and policies governing the internal operation and administration
of the Department and provision of services;
(15) To exercise the authority and power to administer protective, mental health, correctional and probation services to children
presently delegated by law to the Department of Health and Social Services, Division of Mental Health; Department of Correction,
Bureau of Juvenile Correction; Family Court; and previously delegated by law to the Department of Health and Social Services,
Division of Child Protective Services;
(16) To certify annually on January 31 to the Governor and the General Assembly that the mixing of adjudicated and nonadjudicated
youths shall not take place in the Ferris School.
(17) To exercise all other powers necessary and proper for the discharge of its duties.
64 Del. Laws, c. 108, §§ 1, 14; 65 Del. Laws, c. 211, §§ 1, 2; 69 Del. Laws, c. 352, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 198, § 1; 71 Del. Laws, c. 199, § 10; 71 Del. Laws, c. 301, § 1; 73 Del. Laws, c. 310, § 19.;
(a) The administrator and head of the Department shall be the Secretary of the Department of Services for Children, Youth
and Their Families, who shall be a person qualified by training and experience to perform the duties of this office. The Secretary
shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor
and receive a salary to be determined by the Governor. The Secretary of the Department of Services for Children, Youth and
Their Families shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however,
that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State,
the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or
retain such residency shall serve to terminate said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the positions
of Division Directors as are vacant. The Directors so appointed shall serve at the pleasure of the Governor and, upon the
position of Secretary being filled, such Directors may be removed from office by the Secretary with the written approval of
the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a
successor, the Governor may appoint a person to serve as Acting Secretary. The Secretary may, during an absence from the State,
appoint the director of any division of the Department to serve as Acting Secretary during such absence. In either case the
Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during an absence or
incapacity or until a successor is duly qualified and appointed.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 140, § 10.;
§ 9005. Powers, duties and functions of Secretary.
The Secretary shall:
(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices,
functions and employees;
(2) Appoint and determine the salary, with the written approval of the Governor, of the following Directors who may be removed
from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions
in the administration and operation of the Department that may be assigned by the Secretary:
a. A director of the Division of Family Services who shall be known as the Director of Family Services;
b. A director of the Division of Prevention and Behavioral Health Services who shall be known as the Director of Prevention
and Behavioral Health Services;
c. A director of the Division of Youth Rehabilitative Services who shall be known as the Director of Youth Rehabilitative
Services; and
d. A director of the Division of Management Services who shall be known as the Director of Management Services;
(3) Appoint the following administrators and any additional personnel as may be necessary for the administration and operation
of the Department within such limitations as may be imposed by law:
a. An administrator of the Office of Case Management who shall be known as the Administrator of Case Management; and
b. An administrator of the Office of Prevention who shall be known as the Administrator of Prevention;
(4) Establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine
the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the
written approval of the Governor, may deem necessary, providing that all powers, duties and functions required and assigned
by law to the Department shall be provided for and maintained;
(5) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical
and other services and facilities from public and private agencies in this State and other states, whenever the same shall
be deemed by the Secretary to be necessary in the performance of the functions of the Department. All necessary legal services
shall be provided pursuant to Chapter 25 of this title;
(6) Delegate any of the Secretary's powers, duties or functions to a division, except the power to remove employees of the
Department or to determine their compensation;
(7) Establish and promulgate such rules and regulations governing the services and programs of the Department and such other
rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary
and which are not inconsistent with the federal and state law;
(8) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(9) Adopt an official seal or seals for the Department;
(10) Prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and
the General Assembly as directed under this chapter;
(11) Coordinate the activities of the Department with those of other state departments and private agencies concerned with
providing services for children and their families;
(12) Make such reports in such form and containing such information as the federal government may require in order to obtain
federal aid and comply with such provisions as the federal government may find necessary to assure the correctness and verification
of such reports;
(13) Devise and adopt a plan to provide for the use of weapons by probation and parole officers participating in the Operation
Safe Streets program. The plan shall require such officers, after successfully completing a psychological evaluation and a
course of instruction in weapons training and safety, to carry a firearm while at work in the field. Said course of training
shall meet or exceed the standards established by the Council on Police Training;
(14) Have any and all other powers and duties as are necessary to administer the powers, duties and functions of the Department
and implement the purposes of this chapter.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, §§ 4, 5; 72 Del. Laws, c. 224, § 1; 76 Del. Laws, c. 130, § 1; 77 Del. Laws, c. 327, § 210(a).;
§ 9006. Major organizational units created.
The following Divisions and other major organizational units are hereby created within the Department of Services for Children,
Youth and Their Families:
(1) The Division of Family Services which shall be responsible for the provision of child protective, placement, treatment,
prevention, adoption and related services;
(2) The Division of Prevention and Behavioral Health Services which shall be responsible for the provision of prevention,
outpatient and residential mental health, and drug and alcohol treatment services for children and youth;
(3) The Division of Youth Rehabilitative Services which shall be responsible for the provision of detention, institutional
care, probation, aftercare and prevention services for children and youth;
(4) The Division of Management Services which shall be responsible for administering and coordinating fiscal affairs, record
keeping, personnel, accounting and purchasing, and other general services for the Department as the Secretary may deem necessary
for the proper, efficient and economical operation of the Department;
(5) The Office of Case Management which shall be responsible for monitoring case management among the divisions within the
Department. This Office shall have the authority to assign case management responsibility to one of the service divisions
whenever necessary;
(6) The Office of Prevention which shall have the responsibility for providing training, public education and consultation
services aimed at preventing child abuse, dependency, neglect, juvenile delinquency, mental health disorders and drug and
alcohol abuse among children and youth.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, §§ 6-11; 77 Del. Laws, c. 327, § 210(a).;
§ 9007. Exemptions from merit system.
The following positions set forth in this chapter shall be exempt from Chapter 59 of this title:
(1) Secretary of the Department of Services for Children, Youth and Their Families;
(2) Director of Family Services;
(3) Director of Prevention and Behavioral Health Services;
(4) Director of Youth Rehabilitative Services;
(5) Director of Management Services; and
(6) Deputy Directors and private secretaries as provided in Chapter 59 of this title.
64 Del. Laws, c. 108, §§ 1, 14; 69 Del. Laws, c. 352, § 12; 77 Del. Laws, c. 327, § 210(a).;
§ 9008. Advisory Council for Children, Youth and Their Families.
(a) There is hereby established an Advisory Council for Children, Youth and Their Families.
(b) The Advisory Council for Children, Youth and Their Families shall serve in an advisory capacity to the Secretary of the
Department of Services for Children, Youth and Their Families. The duties of the Council shall include, but not be limited
to, the following:
(1) Study, research and advise the Secretary on the development of family-centered services and further service integration
within the Department;
(2) Review and advise the Secretary regarding the annual proposed budget for the Department;
(3) Recommend legislation to the Secretary to improve services for youth and their families;
(4) Provide input to the Secretary on the Department's long term strategic planning process;
(5) Identify the emerging needs of Delaware's youth and their families and help to plan changes required in the state's service
delivery system;
(6) Review and advise the Secretary regarding the Youth Rehabilitative Trust funds.
(c) The Advisory Council shall be composed of 15 members who shall be appointed by the Governor. The terms of the new members
shall be staggered. The first 8 appointees shall serve for a term of 2 years. The remaining 7 new members shall serve for
a term of 1 year. Thereafter, all new appointees shall serve for a term of 2 years. No person shall serve for more than 2
consecutive terms. Persons serving 2 consecutive terms shall be eligible for reappointment after a 1 year absence.
(d) No more than 8 of the members of the Council shall be affiliated with the same political party. Any person who declines
to announce his or her political affiliation shall also be eligible for appointment as a member of the Council.
(e) The Council shall be composed of 8 public members and 7 professional members. Public members are defined as persons not
employed in a professional capacity with youth service agencies or organizations. Professional members are defined as employees
of public and private youth service agencies or organizations or related governmental agencies.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among the Council members and shall serve
in that capacity for a term of one year and shall be eligible for 1 reappointment.
(g) The Chairperson of the Council shall be responsible for submitting the Council's findings and recommendations to the Secretary
of the Department. Any written inquiries or recommendations submitted by the Council shall be responded to in written form
by the Secretary within 30 working days of receipt of the inquiries or recommendations. The Secretary shall either adopt
or reject recommendations made by the Council and provide the Council with a written explanation for such a decision.
(h) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council. The Secretary shall provide the Council with staff support.
(i) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
64 Del. Laws, c. 108, § 14; 65 Del. Laws, c. 168, § 1; 67 Del. Laws, c. 398, § 1; 70 Del. Laws, c. 140, §§ 1, 2; 70 Del. Laws, c. 186, § 1.;
§ 9009. Assumption of powers.
As of the effective date of this chapter, the Department shall have the power to perform and shall be responsible for the
performance of all powers, duties and functions relating to the provision of child protective services, child mental health
services, youth correctional services and youth probation services heretofore vested by law in the Department of Health and
Social Services, Division of Mental Health and Division of Child Protective Services, the Department of Correction, Bureau
of Juvenile Correction and Family Court. These powers, duties and functions shall include, but are not limited to, the following:
(1) The powers and duties of the Division of Child Protective Services, Department of Health and Social Services, prescribed
in Chapter 9 of Title 16, subchapters I, II, III, IV, V of Chapter 3 of Title 31 and Chapter 27 of Title 31; and Chapters
9 and 11 of Title 13;
(2) The powers and duties of the Bureau of Juvenile Correction, Department of Correction, prescribed in Chapters 51, 52 and
53 of Title 31;
(3) The powers and duties of the Division of Mental Health, Department of Health and Social Services that pertain to the provision
of mental health services to children and youth, as prescribed in Chapter 53 of Title 16; and
(4) The powers and duties of the Department of Services for Children, Youth and Their Families, prescribed in Chapter 90 of
this title.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9010. Existing rights of appeal preserved.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function
or functions transferred to the Department or to any division, subdivision or office thereof shall continue to exist with
respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such
functions is transferred and each such appeal shall be perfected in the manner heretofore provided by law.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9011. Transfer of functions to Department.
(a) All property, including all books, records, papers, maps, charts, plans, equipment and other materials owned by or in
the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department
shall, on the effective date of this chapter, be delivered into the custody of the Department. All investigations, petitions,
hearings, and legal proceedings pending before, or instituted by or against, any agency from which functions are transferred
by this chapter and which are not concluded prior to the effective date of this chapter shall continue unabated and remain
in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or
in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred by
this chapter and which govern such functions, and which are in effect upon the effective date of this chapter, shall remain
in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations
of any agency made or undertaken in the performance of a function transferred by this chapter to the Department and being
in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in full force and effect and be
performed by the Department.
(b)(1) All facilities, institutions, resources, property and equipment of such facilities or institutions which are used for
children and specifically Ferris School for Boys, Woods Haven-Kruse School for Girls, Bridge House, Stevenson House and Terry
Children's Psychiatric Center, now under the administrative control of the Department of Health and Social Services and Department
of Correction; and all authority, duties and responsibilities respecting such facilities and institutions, and their administration,
control, conduct and operation which, prior to the effective date of this chapter, was vested in the Department of Health
and Social Services and Department of Correction, or any other department, agency, bureau, division or office of the State,
are hereby transferred to the Department of Services for Children, Youth and Their Families.
(2) The Department of Health and Social Services shall continue to provide the maintenance, utilities and other support services,
as defined by the Budget Director, for the facilities known as the Governor Bacon Health Center Children's Village. All resources
and equipment associated with these facilities, now under the administrative control of the Department of Health and Social
Services, are hereby transferred to the Department of Services for Children, Youth and Their Families.
(c) All children who, on the effective date of this chapter, are under the supervision, care or protection or in the custody
of the Department of Health and Social Services, Department of Services for Children, Youth and Their Families, Division of
Child Protective Services, Division of Mental Health or the Department of Correction, Bureau of Juvenile Correction, or have
been placed on probation under Family Court supervision shall be deemed to be under the supervision, care or protection, or
in the custody of the Department of Services for Children, Youth and Their Families as of the effective date of this chapter.
(d) Employees of any commission, bureau, department, division or agency whose functions are consistent with this chapter and
who have been transferred to the Department of Services for Children, Youth and Their Families by this chapter, shall continue
and be deemed to be the employees of the Department on the effective date of this chapter, and, where applicable, with all
the benefits accrued as merit employees as of the effective date of this chapter.
(e) All youth probation counselors who are employed by the Family Court and any other individuals who are otherwise employed
by the Family Court in connection with the provision of youth probation services and any authorized positions for the same
shall be transferred to the Department and deemed to be employees of the Department on the effective date of this chapter,
where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.
(f) All definitions and references to any commission, board, department, council, division or agency which appear in any other
act or law shall, to the extent that they are consistent with this chapter and in connection with a function transferred by
this chapter to the Department or to any subdivision thereof or to any council or office created by this chapter, be construed
as referring and relating to the Department of Services for Children, Youth and Their Families as created and established
by this chapter.
(g) All definitions and references to any director, commissioner, executive secretary, commission, board or council member
or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter,
and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons
and their powers, duties and functions as established and created by this chapter.
(h) The Secretary of the Department and Division Directors who hold such position just prior to the effective date of this
chapter shall be and continue to act in their respective capacities until death, resignation or removal. The purpose is to
transfer all functions of the existing Department into the new Department.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2; 70 Del. Laws, c. 186, § 1.;
§ 9012. Transfer of appropriated funds.
Notwithstanding any other provision of state law, any sums appropriated to any division, commission, department, council,
agency or person affected by this chapter and any funds appropriated for the provision of child protective services, child
mental health services, youth correctional services and youth probation services which, on the effective date of this chapter,
are unencumbered, encumbered or unexpended and any authorized positions affected by this chapter shall be and are hereby appropriated
and transferred to the Department of Services for Children, Youth and Their Families. The Budget Director and the Controller
General are hereby authorized and directed to make such transfers of funds and positions as may be required to carry out this
chapter.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9013. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations
and render such other reports as the Governor or General Assembly may request or as may be required by law.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9014. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by
the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any
commission, board, department, authority, council or agency, from which, by this chapter, the powers, duties and functions
have been transferred to the Department, the estate or interest therein expressed or described.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2.;
§ 9015. Budgeting and financing.
(a) The Secretary, in cooperation with the Department directors and office administrators, shall prepare a proposed budget
for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department
shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.
(b) Each fiscal year, pursuant to established methodology, the Secretary and the Office of Management and Budget shall review
projections on the number of child abuse and neglect cases and the number of child care facilities to be licensed and monitored
for the next fiscal year. Based on these projections, the General Assembly shall fund, subject to a specific appropriation,
funds and positions for the next fiscal year, beginning each July 1, to the Division of Family Services to provide:
(1) An adequate number of child protection investigation workers so that regional caseloads do not exceed 11 cases per fully
functioning worker;
(2) An adequate number of child protection treatment workers so that regional caseloads do not exceed 18 cases per fully functioning
worker;
(3) An adequate number of Family Service supervisors so that there is 1 supervisor for every 5 workers;
(4) An adequate number of training positions, but not less than 15, to ensure that fully trained staff are always available
to fill vacancies;
(5) An adequate number of licensing specialists for child care centers and family child care homes so that caseloads do not
exceed 150 per specialist;
(6) An adequate number of licensing specialists for 24-hour residential child care facilities so that caseloads do not exceed
30 per specialist; and
(7) An adequate number of licensing supervisors so that there is 1 supervisor for every 5 workers.
In the event that regional caseloads exceed the above set standards during any fiscal year, the Office of Management and Budget
shall, to the extent monies are available, authorize the use of casual seasonal positions as a temporary mechanism to ensure
that caseloads remain within Delaware standards. Fully functioning workers are workers that are employed and working full-time,
and do not include workers on extended medical leave, trainees who have not completed training or workers with restricted
caseloads.
(c) In order to ensure the standards set forth in subsection (b) of this section are maintained, the Secretary shall submit
a quarterly report to the Governor, the Controller General and the Director of the Office of Management and Budget, with copies
to the Chairpersons of the House of Representatives Committee on Health and Human Development, the Senate Committee on Children,
Youth and Their Families, and the Child Protection Accountability Commission that details the above information both statewide
and on a regional basis.
(d) For the purpose of retaining and attracting experienced investigation and treatment workers in the Division of Family
Services, the Division may competitively recruit for Family Crisis Therapists in their investigation and treatment units.
Current Division employees who successfully apply for these positions shall have their position reclassified to Family Crisis
Therapist. Such reclassifications or reclassifications of vacant positions to Family Crisis Therapist shall be effective upon
the approval of the Director of the Office of Management and Budget and the Controller General. The Division is authorized
to transfer positions between budget units in order to adjust its complement to ensure the correct number of fully functioning
employees are in each functional unit of the Division. The Division shall submit a quarterly report to the Director of the
Office of Management and Budget and the Controller General detailing any adjustments to the complement, the number of Family
Crisis Therapists hired and retention statistics.
(e) Special funds may be used in accordance with approved programs, grants and appropriations.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2; 71 Del. Laws, c. 475, § 1; 74 Del. Laws, c. 283, § 1; 75 Del. Laws, c. 88, §§ 20(6), 21(13), 26(2); 76 Del. Laws, c. 169, § 1.;
§ 9016. Appointment of special investigators; powers and duties.
(a) The Secretary may appoint up to 3 qualified persons to be special investigators for the Division of Family Services. Such
investigators shall hold office at the pleasure of the Secretary. Any person appointed pursuant to this section shall have
a minimum of 10 years experience as a "police officer," as that term is defined in § 1911(a) of Title 11, significant investigatory
experience while working as a police officer, shall be in good standing with the previous or present law enforcement agency
where such person is or was employed, and shall have such other qualifications deemed appropriate by the Secretary.
(b) Special investigators appointed under this section may conduct investigations of child abuse, neglect, or risk of maltreatment
anywhere in this State as directed by the Director of the Division of Family Services and shall have the power to make arrests
and serve writs anywhere in this State. Special investigators shall have statewide powers as enumerated under § 1911 of Title
11 and such other powers as conferred by law on police officers, sheriffs, constables and other law enforcement personnel.
Notwithstanding the above, special investigators pursuant to this section shall not have the authority to take custody of
a child unless pursuant to an order from the Family Court or in conjunction with the law enforcement agency charged with jurisdiction
over the case. To the extent possible, special investigators pursuant to this section shall consult with the police agency
of jurisdiction and the Director or the Director's designee prior to making an arrest and shall do so in all cases after making
any such arrest.
(c) The salary of special investigators shall be fixed by the Secretary within the appropriations made to the Department.
(d) Special investigators will assist in the training of other Division staff.
71 Del. Laws, c. 199, § 11.;
§ 9017. Confidential information.
(a) In the course of performing its functions as enumerated in this chapter, the Department shall be entitled to inspect and
copy all records regarding any children in the care, supervision, protection or custody of the Department and their parents,
guardians, caretakers or custodians which are maintained and controlled by the Department of Health and Social Services.
(b) The Department shall have the discretion to release information from its records to public and private agencies if it
determines that such release will serve the best interest of children in its care.
(c) In releasing the aforementioned records pursuant to this section, the Department and the Department of Health and Social
Services and their employees shall have immunity from any civil or criminal liability.
(d) This section shall not be construed to override any confidentiality provisions provided under state or federal law which
govern any records in the control of the Department of Health and Social Services, including but not limited to, the following
statutes: §§ 157, 702, 1121(6) and 5161(a)(7) of Title 16; and § 2802 of Title 31.
64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2; 71 Del. Laws, c. 199, § 11.;
§ 9018. Supremacy of chapter.
All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or
amended so far as necessary to conform to and give full force and effect to this chapter.
64 Del. Laws, c. 108, § 14; 67 Del. Laws, c. 398, § 2; 71 Del. Laws, c. 199, § 11.;
§ 9019. Liability for maintenance of children in care of Department; collection remedies.
(a) Any person liable for the support of a child under any law of this State shall be liable for the care, maintenance and
support furnished to a child committed or admitted to any service provided by the Department of Services for Children, Youth
and Their Families.
(b) The Department of Services for Children, Youth and Their Families may collect from any such person all moneys necessary
to discharge and pay all liability of such child for the child's care, maintenance and support; provided, however, that such
liability is based upon ability to pay and in accordance with § 7940 of this title.
(c) The Department of Services for Children, Youth and Their Families may also proceed for the recovery of the moneys necessary
for care, maintenance and support in an action to be brought in any court of competent jurisdiction in the name of the Department.
(d) All fees collected under this section shall be deposited into the General Fund.
65 Del. Laws, c. 211, § 3; 67 Del. Laws, c. 70, §§ 1-3; 67 Del. Laws, c. 398, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 138, § 11.;
§ 9020. Drug testing required.
(a) The Department is authorized and required to conduct drug testing as set forth in this section of any employee or prospective
employee accepting a safety, security sensitive or child care position, as determined by policy and regulations adopted by
the Department. The following drug testing shall be required:
(1) Preemployment testing. -- The Department shall not hire or employ any person without first obtaining the results of such
person's mandatory drug screening as specified in subsection (b) of this section.
(2) Random testing. -- All safety, security sensitive and child care employees shall be subject to random testing for illegal
use of the drugs specified in subsection (b) of this section.
(3) Reasonable suspicion testing. -- The Department, acting through its supervisory personnel, may also conduct a drug test
based on a reasonable suspicion that a safety, security sensitive or child care employee is impaired by an illegal drug.
(b) Any person offered employment with the Department as a safety, security sensitive or child care employee shall be required
to submit to mandatory drug screening pursuant to this section and the regulations promulgated by the Department. Such regulations
shall require drug testing for the following controlled substances:
(1) Marijuana/cannabis;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine ("PCP");
(5) Amphetamines;
(6) Any other controlled prescription drugs specified by the Department in the regulations promulgated pursuant to this section.
(c) Conditional offer. -- Notwithstanding the provisions of this section, the Department may make a conditional offer of employment
to an applicant who has submitted to the required drug screening. No person made a conditional offer of employment shall receive
an official starting date until the results of their preemployment drug screen have been received. Any applicant made a conditional
offer of employment shall be informed that the results of that applicant's drug screen have been requested.
(d) The Department shall adopt policies and procedures for imposing sanctions, which may include referral to the State's Employee
Assistance Program, suspension or termination, upon any safety, security sensitive or child care employee who wilfully refuses
to submit to random or reasonable suspicion testing or whose drug screen indicates that such person has illegally used or
consumed a drug or drugs. No employee shall be sanctioned when such person has used or consumed the drug or drugs detected
according to the directions and terms of a lawfully obtained prescription for such drug or drugs.
77 Del. Laws, c. 270, § 1; 70 Del. Laws, c. 186, § 1.;
