Subchapter I. Reports and Investigations of Abuse and Neglect; Child Protection Accountability Commission
§ 901. Purpose.
It is the intent of the General Assembly that the primary purpose of the child welfare policy of this State shall be to ensure
the best interest and safety of the child, including preserving the family unit whenever the safety of the child is not jeopardized.
To that end it is the purpose of this chapter to provide for comprehensive protective services for abused and neglected children
by mandating that reports of such abuse or neglect be made to the appropriate authorities and by requiring the child protection
system to seek and promote the safety of children who are the subject of such reports of abuse or neglect by conducting investigations
or family assessments and providing necessary services.
It shall further be the purpose of this chapter to provide for the protection of all children in facilities or organizations
required to be licensed under Delaware law whose primary concern is that of child welfare and care by requiring the Attorney
General to notify any such facility in cases where an employee of such a facility or any other person associated with such
facility has been charged with or convicted of an offense involving child sexual abuse.
16 Del. C. 1953, § 1001; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 68 Del. Laws, c. 440, § 1; 71 Del. Laws, c. 199, § 2.;
§ 902. Definitions.
As used in this chapter, the following terms mean:
(1) "Abuse" or "abused child" is as defined in § 901 of Title 10.
(2) "Baby" shall mean a child not more than 14 days old, except that for hospitals and their employees and volunteers, "baby"
shall mean a child reasonably believed to be not more than 14 days old.
(3) "Child" shall mean any person who has not reached that person's own 18th birthday.
(4) "Child Protection Registry" or "Registry" means a collection of information as described in subchapter II of this chapter
about persons who have been substantiated for abuse or neglect as provided in subchapter II of this chapter or who were substantiated
between August 1, 1994, and February 1, 2003.
(5) "Child welfare proceeding" means any Family Court proceeding and subsequent appeal therefrom involving custody, visitation,
guardianship, termination of parental rights, adoption or other related petitions that involve a dependent, neglected or abused
child or a child at risk of same as determined by the Family Court.
(6) "Conviction" or "convicted" means entry of a plea of guilty or nolo contendere, regardless of whether the plea was subsequently
discharged or dismissed under the first offenders domestic violence diversion program pursuant to § 1024 of Title 10, or under
the first offenders controlled substances diversion program pursuant to § 4764 of this title, or of a Robinson plea, or of
a probation before judgment discharge without judgment of conviction notwithstanding the provisions of § 4218(f) of Title
11, or a finding of guilt after trial, or a finding of not guilty after trial as a result of the defense of mental disease
or defect pursuant to Title 11, or adjudication of delinquency for conduct which if committed by an adult, would constitute
a crime; or "conviction' or "convicted' under similar proceedings of another state, territory or jurisdiction.
(7) "Director" shall mean the Director of the Division of Family Services of the Department of Services for Children, Youth
and Their Families.
(8) "Division" shall mean the Division of Family Services of the Department of Services for Children, Youth and Their Families.
(9) "Family assessment and services" shall mean a case management approach by the Division of Family Services that provides
for a prompt assessment of a child and the child's family and the circumstances of the reported incident (including the known
history of the child and/or the alleged perpetrator) when there has been a report to the Division that the child was a victim
of abuse or neglect, or at risk of maltreatment by a person responsible for that child's care, custody or control. Family
assessment and services shall be used in conjunction with the investigation approach defined in paragraph (7) of this section
but may not supplant it in circumstances which require an investigation. The family assessment response shall focus on the
integrity and preservation of the family and shall assess the status of the child and the family in terms of the risk of abuse
and neglect and, if necessary, plan and provide for the provision of community-based services to reduce the risk and to otherwise
support the family.
(10) "Good faith" shall be presumed in the absence of evidence of malice or wilful misconduct.
(11) "Internal information system" shall mean a system of maintaining information related to all reports of abuse, neglect,
investigations, family assessments, services and other relevant information.
(12) "Investigation" shall mean the collection of evidence in response to a report of abuse, neglect, or risk of maltreatment
by a person responsible for that child's care, custody or control in order to determine if a child has been abused, neglected,
or is at risk of maltreatment. The Division shall develop protocols for its investigations that focus on ensuring the well-being
and safety of the child. The Division may conduct an investigation in response to any report of abuse, neglect, or risk of
maltreatment but shall conduct an investigation as enumerated under § 906(b)(3) of this title.
(13) "Neglect" or "neglected child" is as defined in § 901 of Title 10.
(14) "Report" shall mean the communication of an allegation of child abuse or neglect to the Division pursuant to § 903 or
§ 905 of this title;
(15) "Special Investigator" shall mean a Division employee, appointed by the Secretary, who performs abuse and neglect investigations
and possesses additional qualifications and authority as defined by § 9016 of Title 29.
(16) "Substantiation" means a finding by a preponderance of the evidence that abuse or neglect has occurred.
(17) "Those responsible for the care, custody and control of the child" or "care, custody and control" is as defined in §
901 of Title 10.
60 Del. Laws, c. 494, § 1; 64 Del. Laws, c. 213, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 199, § 3; 72 Del. Laws, c. 179, § 3; 72 Del. Laws, c. 469, § 4; 73 Del. Laws, c. 187, §§ 2, 8; 73 Del. Laws, c. 412, §§ 2-5; 75 Del. Laws, c. 376, § 1; 76 Del. Laws, c. 136, §§ 14-16.;
§ 902A. Registration; procedure; notice.
Repealed by 73 Del. Laws, c. 412, § 6, effective February 1, 2003.
§ 903. Reports required.
Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report
in accordance with § 904 of this title. For purposes of this section, "person" shall include, but shall not be limited to,
any physician, any other person in the healing arts including any person licensed to render services in medicine, osteopathy
or dentistry, any intern, resident, nurse, school employee, social worker, psychologist, medical examiner, hospital, health
care institution, the Medical Society of Delaware or law-enforcement agency. In addition to and not in lieu of reporting to
the Division of Family Services, any such person may also give oral or written notification of said knowledge or suspicion
to any police officer who is in the presence of such person for the purpose of rendering assistance to the child in question
or investigating the cause of the child's injuries or condition.
16 Del. C. 1953, § 1002; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 72 Del. Laws, c. 179, § 4; 77 Del. Laws, c. 320, § 1.;
§ 904. Nature and content of report; to whom made.
Any report of child abuse or neglect required to be made under this chapter shall be made to the Department of Services for
Children, Youth and Their Families. An immediate oral report shall be made by telephone or otherwise. Reports and the contents
thereof including a written report, if requested, shall be made in accordance with the rules and regulations of the Division,
or in accordance with the rules and regulations adopted by the Division.
16 Del. C. 1953, § 1003; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 64 Del. Laws, c. 108, §§ 4, 11; 77 Del. Laws, c. 320, § 2.;
§ 905. Telephone reports, Child Protection Registry and information system.
(a) The Division shall establish and maintain a 24-hour statewide toll-free telephone report line operating at all times and
capable of receiving all reports of alleged abuse and neglect as defined in § 901 of Title 10.
(b) The Division shall maintain a Child Protection Registry and an internal information system as defined by § 902 of this
title. Reports unsubstantiated may be kept in the internal information system by the Division at its discretion.
(c) Although reports may be made anonymously, the Division shall in all cases, after obtaining relevant information regarding
alleged abuse or neglect, request the name and address of any person making a report.
(d) Upon receipt of a report, the Division shall immediately communicate such report to its appropriate Division staff, after
a check has been made with the internal information system to determine whether previous reports have been made regarding
actual or suspected abuse or neglect of the subject child, or any reports regarding any siblings, family members or the alleged
perpetrator, and such information as may be contained from such previous reports. Such relevant information as may be contained
in the internal information system shall also be forwarded to the appropriate Division staff.
16 Del. C. 1953, § 1004; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 64 Del. Laws, c. 108, § 4; 68 Del. Laws, c. 440, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 199, § 4; 73 Del. Laws, c. 412, §§ 26, 27; 77 Del. Laws, c. 320, § 3.;
§ 906. State response to reports of abuse or neglect.
(a) The child protection system shall seek to promote the safety of children and the integrity and preservation of their families
by conducting investigations and/or family assessments in response to reports of child abuse or neglect. The system shall
endeavor to coordinate community resources and provide assistance or services to children and families identified to be at
risk, and to prevent and remedy child abuse and neglect.
(b) In implementing the child protection system, the Division shall:
(1) Receive and maintain reports pursuant to the provisions of §§ 903 and 905 of this title;
(2) Forward reports to the appropriate Division staff, who shall determine, through the use of protocols developed by the
Division, whether an investigation or the family assessment and services approach should be used to respond to the allegation.
The protocols for making this determination shall be developed by the Division and shall give priority to ensuring the well-being
and safety of the child;
(3) The Division may investigate any report, but shall conduct an investigation involving all reports, which if true, would
constitute violations against a child by a person responsible for the care, custody and control of the child of any of the
following provisions of § 603, 604, 611, 612, 613, 621, 625, 626, 631, 632, 633, 634, 635, 636, 645, 763, 765, 766, 767, 768,
769, 770, 771, 772, 773, 774, 775, 776, 777, 780, 782, 783, 783A, 791, 1100, 1101, 1102, 1107, 1108, 1109, 1110, 1111, or
1259 of Title 11, or an attempt to commit any such crimes. The Division staff shall also contact the Delaware Department of
Justice and the appropriate law-enforcement agency upon receipt of any report under this section and shall provide such agency
with a detailed description of the report received. The appropriate law enforcement agency shall assist the Division in the
investigation or provide the Division, within a reasonable time, an explanation detailing the reasons why it is unable to
assist. Notwithstanding any provision of the Delaware Code to the contrary, to the extent the law enforcement agency with
jurisdiction over the case is unable to assist, the Division may request that the Delaware State Police exercise jurisdiction
over the case and upon such request the Delaware State police may exercise such jurisdiction;
(4) The assisting law enforcement agency shall promptly conduct its own criminal investigation, and keep the Division regularly
apprised of the status and findings of its investigation. Law enforcement agencies and the Division shall develop protocols
to ensure compliance with this subsection;"
(5) The Division shall have authority to secure a medical examination of a child, without the consent of those responsible
for the care, custody and control of the child, if the child has been reported to be a victim of abuse or neglect; provided,
that such case is classified as an investigation pursuant to § 906(b)(3) of this title and the Director or the Director's
designee gives prior authorization for such examination upon finding that such examination is necessary to protect the health
and safety of the child;
(6) The investigation shall include, but need not be limited to, the nature, extent and cause of the abuse or neglect, collection
of evidence, the identity of the alleged perpetrator, the names and condition of other children and adults in the home, the
home environment, the relationship of the subject child to the parents or other persons responsible for the child's care,
any indication of incidents of physical violence against any other household or family member, background checks on all adults
in the home, and the gathering of other pertinent information;
(7) In the family assessment and services approach, assess service needs of the family from information gathered from the
family and other sources. The Division shall identify and provide services for families where it is determined that the child
is at risk of abuse or neglect. The Division shall document its attempt to provide voluntary services and the reasons these
services are important to reduce the risk of future abuse or neglect. If the family refuses to accept or avoids the proffered
services, the Division may refer the case for investigation or terminate services;
(8) Commence an immediate investigation if at any time during the family assessment and services approach the Division determines
that an investigation as delineated in subsection (3) of this section is required or is otherwise appropriate. The Division
staff who have conducted the assessment may remain involved in the provision of services to the child and family;
(9) Conduct a family assessment and services approach on reports initially referred for an investigation, if it is determined
that a complete investigation is not required. The reason for the termination of the investigative process shall be documented;
(10) Assist the child and family in obtaining services, if at any time during the investigation it is determined that the
child or any member of the family needs services;
(11) Identify local services and assist with access to those services for children and families where there is risk of abuse
or neglect;
(12) Update the internal information system at regular intervals during the course of the investigation. At the conclusion
of the investigation or family assessment, the internal information system shall be updated to include a case finding;
(13) When a written report is made by a person required to report under § 903 of this title, the Division shall contact the
person who made such report within 48 hours of the receipt of the report in order to ensure that full information has been
received and to obtain any additional information or medical records, or both, which may be pertinent;
(14) Upon completion of an investigation or family assessment and services approach, if the Division suspects that the report
was made maliciously or for the purpose of harassment, the Division shall refer the report and any evidence of malice or harassment
to the appropriate law enforcement agency;
(15) Multidisciplinary services shall be used whenever possible in conducting the investigation or family assessment and services
approach, including the services of law enforcement agencies, the medical community, and other agencies, both public and private.
The Division and the Attorney General's Office shall cooperate with law enforcement agencies and the Family Court to develop
training programs to increase the ability of Division personnel, court personnel, and law enforcement officers to investigate
suspected cases of abuse and neglect;
(16) A person required to report under § 903 of this title to the Division shall be informed by the Division of the person's
right to obtain information concerning the disposition of the report. Such person shall receive, from the local office, if
requested, information on the general disposition of the report at the conclusion of the investigation;
(17) In any judicial proceeding involving the custody of child, the fact that a report has been made pursuant to § 903 or
§ 905 of this title shall not be admissible unless offered by the Division as a party or as a friend of the Court or if the
Division is a party. However, nothing herein shall prohibit the introduction of evidence from independent sources to support
the allegations that may have caused a report to have been made;
(18) To protect the privacy of the family and the child named in a report, the Division shall establish guidelines concerning
the disclosure of information concerning the abuse and neglect involving a child. The Division may require persons to make
written requests for access to records maintained by the Division. The Division shall only release information to persons
who have a legitimate public safety need for such information or a need based on the health and safety of a child subject
to abuse, neglect or the risk of maltreatment, and such information shall be used only for the purpose for which the information
is released; and
(19) Upon the receipt of a report concerning allegations of abuse or neglect against a person known by the Division to be
licensed by 1 of the boards listed in § 8735 of Title 29, forward reports to the Division of Professional Regulation.
(c) In the event that a criminal prosecution for child sexual abuse or exploitation is initiated by the Department of Justice
against a person employed by or associated with a facility or organization required to be licensed or whose staff personnel
are required to be licensed under Delaware law whose primary concern is that of child welfare and care, the Attorney General
shall notify such employer within 48 hours:
(1) Upon the return of an indictment charging such person with having committed at least 1 felony offense involving an allegation
of child sexual abuse; or
(2) Upon an adjudication of guilt of such person for any misdemeanor or violation, when such offense involved sexual abuse,
in any degree, of a child under age 18.
Any violations of this subsection shall be dealt with administratively by the Attorney General and the penalty provisions
of § 914 of this title shall not apply hereto.
(d) In the event that a criminal prosecution for abuse or neglect is initiated by the Department of Justice pursuant to a
report under this chapter and incarceration of the person who is the subject of the report is ordered by the Court, the Attorney
General's office shall keep the Division informed of actions taken by the courts which result in the release of any such individual;
provided that the Attorney General's office is represented at such a hearing.
71 Del. Laws, c. 199, § 5; 71 Del. Laws, c. 424, § 8; 72 Del. Laws, c. 173, § 5; 73 Del. Laws, c. 412, § 28; 77 Del. Laws, c. 318, § 6; 77 Del. Laws, c. 320, §§ 4, 5.;
§ 907. Temporary emergency protective custody.
(a) A police officer or a physician who reasonably suspects that a child is in imminent danger of suffering serious physical
harm or a threat to life as a result of abuse or neglect and who reasonably suspects the harm or threat to life may occur
before the Family Court can issue a temporary protective custody order may take or retain temporary emergency protective custody
of the child without the consent of the child's parents, guardian or others legally responsible for the child's care.
(b) Any person taking a child into temporary emergency protective custody under this section shall immediately notify the
Division, in the county in which the child is located, of the person's actions and make a reasonable attempt to advise the
parents, guardians, or others legally responsible for the child's care. Such person shall also file, as soon as practicable
but no later than 12 hours thereafter, a written statement with the Division which sets forth the identity of the child and
the facts and circumstances which gave such person reasonable cause to believe that there was imminent danger of serious physical
harm or threat to the life of the child. Upon notification that a child has been taken into temporary emergency protective
custody, the Division shall immediately respond in accordance with § 906 of this title to secure the safety of the child which
may include ex parte custody relief from the Family Court if appropriate.
(c) Temporary emergency protective custody for purposes of this section shall not exceed 4 hours and shall cease upon the
Division's response pursuant to subsection (b).
(d) For the purposes of this section, temporary emergency protective custody shall mean temporary placement within a hospital,
medical facility or such other suitable placement; provided, however, that an abused or neglected child may not be detained
in temporary custody in a secure detention facility.
(e) A Division investigator conducting an investigation pursuant to § 906 of this title shall have the same authority as that
granted to a police officer or physician in paragraph (a) of this section, subject to all the same conditions as those listed
in paragraphs (a) through (d) of this section, provided that the child in question is located at a school, day care facility
or child care facility at the time that the authority is initially exercised. In no other case shall an employee of the Division
exercise custody under this section.
71 Del. Laws, c. 199, § 5; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 173, § 7.;
§ 907A. Safe Arms for Babies.
(a) The General Assembly finds and declares that the abandonment of a baby is an irresponsible act by parent(s) and places
the baby at risk of injury or death from exposure, actions by other individuals, and harm from animals. However, the General
Assembly does recognize that delivering a live baby to a safe place is far preferable to a baby killed or abandoned by the
parent(s). The General Assembly further finds and declares that the purpose of this section is not to circumvent the responsible
action of parent(s) who adhere to the current process of placing the baby for adoption, but to prevent the unnecessary risk
of harm to or death of that baby by desperate parent(s) who would otherwise abandon or cause the death of that baby. The General
Assembly further finds and declares that medical information about the baby and the baby's parent(s) is critical for the adoptive
parents and that every effort should be made, without risking the safe placement of the baby, to obtain that medical information
and provide counseling information to those parent(s). The General Assembly further finds and declares that if this section
does not result in the safe placement of such babies or is abused by parent(s) attempting to circumvent the current process
of adoption, it should be repealed.
(b) A person may voluntarily surrender a baby directly to an employee or volunteer of the emergency department of a Delaware
hospital inside of the emergency department, provided that said baby is surrendered alive, unharmed and in a safe place therein.
(c) A Delaware hospital shall be authorized to take temporary emergency protective custody of the baby who is surrendered
pursuant to this section. The person who surrenders the baby shall not be required to provide any information pertaining to
his or her identity, nor shall the hospital inquire as to same. If the identity of the person is known to the hospital, the
hospital shall keep the identity confidential. However, the hospital shall either make reasonable efforts to directly obtain
pertinent medical history information pertaining to the baby and the baby's family or attempt to provide the person with a
postage paid medical history information questionnaire.
(d) The hospital shall attempt to provide the person leaving the baby with the following:
(1) Information about the Safe Arms program;
(2) Information about adoption and counseling services, including information that confidential adoption services are available
and information about the benefits of engaging in a regular, voluntary adoption process; and
(3) Brochures with telephone numbers for public or private agencies that provide counseling or adoption services.
(e) The hospital shall attempt to provide the person surrendering the baby with the number of the baby's identification bracelet
to aid in linking the person to the baby at a later date, if reunification is sought. Such an identification number is an
identification aid only and does not permit the person possessing the identification number to take custody of the baby on
demand.
(f) If a person possesses an identification number linking the person to a baby surrendered at a hospital under this section
and parental rights have not already been terminated, possession of the identification number creates a presumption that the
person has standing to participate in an action. Possession of the identification number does not create a presumption of
maternity, paternity or custody.
(g) Any hospital taking a baby into temporary emergency protective custody pursuant to this section shall immediately notify
the Division and the State Police of its actions. The Division shall obtain ex parte custody and physically appear at the
hospital within 4 hours of notification under this subsection unless there are exigent circumstances. Immediately after being
notified of the surrender, the State Police shall submit an inquiry to the Delaware Missing Children Information Clearinghouse.
(h) The Division shall notify the community that a baby has been abandoned and taken into temporary emergency protective custody
by publishing notice to that effect in a newspaper of statewide circulation. The notice must be published at least 3 times
over a 3-week period immediately following the surrender of the baby unless the Division has relinquished custody. The notice,
at a minimum, shall contain the place, date and time where the baby was surrendered, the baby's sex, race, approximate age,
identifying marks, any other information the Division deems necessary for the baby's identification, and a statement that
such abandonment shall be:
(1) The surrendering person's irrevocable consent to the termination of all parental rights, if any, of such person on the
ground of abandonment; and
(2) The surrendering person's irrevocable waiver of any right to notice of or opportunity to participate in any termination
of parental rights proceeding involving such child, unless such surrendering person manifests an intent to exercise parental
rights and responsibilities within 30 days of such abandonment.
(i) When the person who surrenders a baby pursuant to this section manifests a desire to remain anonymous, the Division shall
neither initiate nor conduct an investigation to determine the identity of such person, and no court shall order such an investigation
unless there is good cause to suspect child abuse or neglect other than the act of surrendering such baby.
73 Del. Laws, c. 187, §§ 3, 8; 75 Del. Laws, c. 376, § 1.;
§ 908. Immunity from liability, and special reimbursement to hospitals for expenses related to certain babies.
(a) Anyone participating in good faith in the making of a report or notifying police officers pursuant to this chapter, performing
a medical examination without the consent of those responsible for the care, custody and control of a child pursuant to §
906(b)(5) of this title, or exercising emergency protective custody in compliance with § 907 of this title, shall have immunity
from any liability, civil or criminal, that might otherwise exist, and such immunity shall extend to participation in any
judicial proceeding resulting from the above actions taken in good faith. This section shall not limit the liability of any
health care provider for personal injury claims due to medical negligence that occurs as a result of any examination performed
pursuant to § 906(b)(3) of this title.
(b) A hospital, hospital employee or hospital volunteer which accepts temporary emergency protective custody of a baby pursuant
to § 907A of this title is absolutely immune from civil and administrative liability for any act of commission or omission
in connection with the acceptance of that temporary emergency protective custody or the provision of care for the baby when
left at the hospital while said baby is in the hospital's temporary emergency protective custody except for negligence or
intentional acts. If a hospital accepts temporary emergency protective custody of a baby pursuant to § 907A of this title,
the State shall reimburse the hospital for eligible, medically necessary costs under the Medicaid Fee for Service Program.
16 Del. C. 1953, § 1005; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 71 Del. Laws, c. 199, § 5; 72 Del. Laws, c. 179, § 5; 73 Del. Laws, c. 187, §§ 4, 5, 8; 75 Del. Laws, c. 376, § 1.;
§ 909. Privileged communication not recognized.
No legally recognized privilege, except that between attorney and client and that between priest and penitent in a sacramental
confession, shall apply to situations involving known or suspected child abuse, neglect, exploitation or abandonment and shall
not constitute grounds for failure to report as required by § 903 of this title or to give or accept evidence in any judicial
proceeding relating to child abuse or neglect.
16 Del. C. 1953, § 1007; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 71 Del. Laws, c. 199, § 5.;
§ 910. Court orders to compel.
(a) Whenever an investigation has been opened with the Division pursuant to § 906 of this title for potential abuse or neglect
of a child, the Division shall have the authority to request an order from the Family Court:
(1) To obtain access to the child, or children, and the residence of child, or children;
(2) To compel the appearance of a person at an office of the Division in furtherance of the investigation; or
(3) To compel compliance with a treatment plan previously agreed to by a child's parent or guardian, if non-compliance with
the plan endangers a child's safety.
The Family Court shall issue such an order upon the showing of "need" by the Division and shall enforce noncompliance with
such an order pursuant to § 925(3) of Title 10. Formal notice of a request under this section shall be provided to the respondent
prior to the filing of the request with the Family Court provided that orders pursuant to this section may be granted on an
ex parte basis if the child, or children, at issue are at risk of imminent physical danger. The Family Court shall consider
all requests pursuant to this section within 2 business days of the request being made.
(b) For purposes of this section, "need" shall mean:
(1) That the Division has in good faith attempted on at least 2 separate prior occasions, at least 1 of which was by written
communication sent by certified mail, return receipt requested, to contact the person in question without success; or
(2) That a child is in danger of imminent physical injury due to the Division's inability to communicate with the person or
see the child or the child's residence.
71 Del. Laws, c. 199, § 6; 72 Del. Laws, c. 173, § 6.;
§ 911. Training and information.
(a) The Division shall, on a continuing basis, undertake and maintain programs to inform all persons required to report abuse
or neglect pursuant to § 903 of this title and the public of the nature, problem and extent of abuse and neglect, and of the
remedial and therapeutic services available to children and their families and to encourage self-reporting and the voluntary
acceptance of such services.
(b) The Division shall conduct ongoing training programs to advance the purpose of this section.
(c) The Division shall continuously publicize the existence of the 24-hour report-line to those required to report abuse or
neglect pursuant to § 903 of this title of their responsibilities and to the public the existence of the 24-hour statewide
toll-free telephone number to receive reports of abuse or neglect.
71 Del. Laws, c. 199, § 6.;
§ 912. The Child Protection Accountability Commission.
(a) The Delaware Child Protection Accountability Commission is hereby established. The Commission shall consist of 20 members
with the at-large members and the Chair appointed by the Governor, shall be staffed by the Office of the Child Advocate and
shall be comprised of the following:
(1) The Secretary of Services for Children, Youth and Their Families, or the Secretary's designee;
(2) The Director of the Division of Family Services, or the Director's designee;
(3) Two representatives from the Attorney's General Office, designated by the Attorney General;
(4) Two members of the Family Court, designated by the Chief Judge;
(5) One member of the House of Representatives, designated by the Speaker of the House;
(6) One member of the Senate, designated by the President Pro Tempore of the Senate;
(7) The Chair of the Child Placement Review Board, or the Chair's designee;
(8) The Secretary of the Department of Education, or the Secretary's designee;
(9) The Director of Prevention and Behavioral Health Services, or the Director's designee;
(10) The Chair of the Domestic Violence Coordinating Council, or the Chair's designee;
(11) Eight at-large members with 1 person from the medical community, 1 person from the Interagency Committee on Adoption
who works with youth engaged in the foster care system, 2 persons from law enforcement agencies and 4 persons from the child
protection community. The 2 persons appointed from law-enforcement agencies may designate proxies as needed.
(b) The Child Advocate shall serve as the Executive Director of the Commission to effectuate its purposes pursuant to Chapter
90A of Title 29. It shall be the purpose of the Commission to monitor Delaware's child protection system to best ensure the
health, safety and well-being of Delaware's abused, neglected and dependent children. To that end, the Commission shall meet
on a quarterly basis and shall:
(1) Examine and evaluate the policies, procedures and effectiveness of the child protection system and make recommendations
for changes therein, focusing specifically on the respective roles in the child protection system of the Division of Family
Services, the Division of Prevention and Behavioral Health Services, the Office of the Attorney General, the Family Court,
the medical community, and law enforcement agencies;
(2) Recommend changes in the policies and procedures for investigating and overseeing the welfare of abused, neglected and
dependent children;
(3) Advocate for legislation and make legislative recommendations to the Governor and General Assembly;
(4) Access, develop and provide quality training to staff of the Division of Family Services, Deputy Attorneys General, Family
Court, law enforcement officers, the medical community, educators, day-care providers, and others on child protection issues;
(5) Review and make recommendations concerning the well-being of Delaware's abused, neglected and dependent children including,
but not limited to, issues relating to foster care, adoption, mental health services, victim services, education, rehabilitation,
substance abuse and independent living; and
(6) Provide the following reports to the Governor:
a. An annual summary of the Commission's work and recommendations, including work of the Office of the Child Advocate, with
copies thereof sent to the General Assembly; and
b. A quarterly written report of the Commission's activities and findings, in the form of minutes, made available also to
the General Assembly and the public.
71 Del. Laws, c. 199, § 6; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 116, §§ 1-3, 5[4]; 76 Del. Laws, c. 97; 77 Del. Laws, c. 327, § 210(a); 77 Del. Laws, c. 383, §§ 1-3.;
§ 913. Child under treatment by spiritual means not neglected.
No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices
of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be
considered a neglected child for the purposes of this chapter.
16 Del. C. 1953, § 1006; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1.;
§ 914. Penalty for violation.
(a) Whoever violates § 903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation,
and not to exceed $50,000 for any subsequent violation.
(b) In any action brought under this section, if the court finds a violation, the court may award costs and attorneys' fees.
16 Del. C. 1953, § 1008; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 77 Del. Laws, c. 121, § 1; 77 Del. Laws, c. 320, § 6.;
Subchapter I. Reports and Investigations of Abuse and Neglect; Child Protection Accountability Commission
§ 901. Purpose.
It is the intent of the General Assembly that the primary purpose of the child welfare policy of this State shall be to ensure
the best interest and safety of the child, including preserving the family unit whenever the safety of the child is not jeopardized.
To that end it is the purpose of this chapter to provide for comprehensive protective services for abused and neglected children
by mandating that reports of such abuse or neglect be made to the appropriate authorities and by requiring the child protection
system to seek and promote the safety of children who are the subject of such reports of abuse or neglect by conducting investigations
or family assessments and providing necessary services.
It shall further be the purpose of this chapter to provide for the protection of all children in facilities or organizations
required to be licensed under Delaware law whose primary concern is that of child welfare and care by requiring the Attorney
General to notify any such facility in cases where an employee of such a facility or any other person associated with such
facility has been charged with or convicted of an offense involving child sexual abuse.
16 Del. C. 1953, § 1001; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 68 Del. Laws, c. 440, § 1; 71 Del. Laws, c. 199, § 2.;
§ 902. Definitions.
As used in this chapter, the following terms mean:
(1) "Abuse" or "abused child" is as defined in § 901 of Title 10.
(2) "Baby" shall mean a child not more than 14 days old, except that for hospitals and their employees and volunteers, "baby"
shall mean a child reasonably believed to be not more than 14 days old.
(3) "Child" shall mean any person who has not reached that person's own 18th birthday.
(4) "Child Protection Registry" or "Registry" means a collection of information as described in subchapter II of this chapter
about persons who have been substantiated for abuse or neglect as provided in subchapter II of this chapter or who were substantiated
between August 1, 1994, and February 1, 2003.
(5) "Child welfare proceeding" means any Family Court proceeding and subsequent appeal therefrom involving custody, visitation,
guardianship, termination of parental rights, adoption or other related petitions that involve a dependent, neglected or abused
child or a child at risk of same as determined by the Family Court.
(6) "Conviction" or "convicted" means entry of a plea of guilty or nolo contendere, regardless of whether the plea was subsequently
discharged or dismissed under the first offenders domestic violence diversion program pursuant to § 1024 of Title 10, or under
the first offenders controlled substances diversion program pursuant to § 4764 of this title, or of a Robinson plea, or of
a probation before judgment discharge without judgment of conviction notwithstanding the provisions of § 4218(f) of Title
11, or a finding of guilt after trial, or a finding of not guilty after trial as a result of the defense of mental disease
or defect pursuant to Title 11, or adjudication of delinquency for conduct which if committed by an adult, would constitute
a crime; or "conviction' or "convicted' under similar proceedings of another state, territory or jurisdiction.
(7) "Director" shall mean the Director of the Division of Family Services of the Department of Services for Children, Youth
and Their Families.
(8) "Division" shall mean the Division of Family Services of the Department of Services for Children, Youth and Their Families.
(9) "Family assessment and services" shall mean a case management approach by the Division of Family Services that provides
for a prompt assessment of a child and the child's family and the circumstances of the reported incident (including the known
history of the child and/or the alleged perpetrator) when there has been a report to the Division that the child was a victim
of abuse or neglect, or at risk of maltreatment by a person responsible for that child's care, custody or control. Family
assessment and services shall be used in conjunction with the investigation approach defined in paragraph (7) of this section
but may not supplant it in circumstances which require an investigation. The family assessment response shall focus on the
integrity and preservation of the family and shall assess the status of the child and the family in terms of the risk of abuse
and neglect and, if necessary, plan and provide for the provision of community-based services to reduce the risk and to otherwise
support the family.
(10) "Good faith" shall be presumed in the absence of evidence of malice or wilful misconduct.
(11) "Internal information system" shall mean a system of maintaining information related to all reports of abuse, neglect,
investigations, family assessments, services and other relevant information.
(12) "Investigation" shall mean the collection of evidence in response to a report of abuse, neglect, or risk of maltreatment
by a person responsible for that child's care, custody or control in order to determine if a child has been abused, neglected,
or is at risk of maltreatment. The Division shall develop protocols for its investigations that focus on ensuring the well-being
and safety of the child. The Division may conduct an investigation in response to any report of abuse, neglect, or risk of
maltreatment but shall conduct an investigation as enumerated under § 906(b)(3) of this title.
(13) "Neglect" or "neglected child" is as defined in § 901 of Title 10.
(14) "Report" shall mean the communication of an allegation of child abuse or neglect to the Division pursuant to § 903 or
§ 905 of this title;
(15) "Special Investigator" shall mean a Division employee, appointed by the Secretary, who performs abuse and neglect investigations
and possesses additional qualifications and authority as defined by § 9016 of Title 29.
(16) "Substantiation" means a finding by a preponderance of the evidence that abuse or neglect has occurred.
(17) "Those responsible for the care, custody and control of the child" or "care, custody and control" is as defined in §
901 of Title 10.
60 Del. Laws, c. 494, § 1; 64 Del. Laws, c. 213, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 199, § 3; 72 Del. Laws, c. 179, § 3; 72 Del. Laws, c. 469, § 4; 73 Del. Laws, c. 187, §§ 2, 8; 73 Del. Laws, c. 412, §§ 2-5; 75 Del. Laws, c. 376, § 1; 76 Del. Laws, c. 136, §§ 14-16.;
§ 902A. Registration; procedure; notice.
Repealed by 73 Del. Laws, c. 412, § 6, effective February 1, 2003.
§ 903. Reports required.
Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report
in accordance with § 904 of this title. For purposes of this section, "person" shall include, but shall not be limited to,
any physician, any other person in the healing arts including any person licensed to render services in medicine, osteopathy
or dentistry, any intern, resident, nurse, school employee, social worker, psychologist, medical examiner, hospital, health
care institution, the Medical Society of Delaware or law-enforcement agency. In addition to and not in lieu of reporting to
the Division of Family Services, any such person may also give oral or written notification of said knowledge or suspicion
to any police officer who is in the presence of such person for the purpose of rendering assistance to the child in question
or investigating the cause of the child's injuries or condition.
16 Del. C. 1953, § 1002; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 72 Del. Laws, c. 179, § 4; 77 Del. Laws, c. 320, § 1.;
§ 904. Nature and content of report; to whom made.
Any report of child abuse or neglect required to be made under this chapter shall be made to the Department of Services for
Children, Youth and Their Families. An immediate oral report shall be made by telephone or otherwise. Reports and the contents
thereof including a written report, if requested, shall be made in accordance with the rules and regulations of the Division,
or in accordance with the rules and regulations adopted by the Division.
16 Del. C. 1953, § 1003; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 64 Del. Laws, c. 108, §§ 4, 11; 77 Del. Laws, c. 320, § 2.;
§ 905. Telephone reports, Child Protection Registry and information system.
(a) The Division shall establish and maintain a 24-hour statewide toll-free telephone report line operating at all times and
capable of receiving all reports of alleged abuse and neglect as defined in § 901 of Title 10.
(b) The Division shall maintain a Child Protection Registry and an internal information system as defined by § 902 of this
title. Reports unsubstantiated may be kept in the internal information system by the Division at its discretion.
(c) Although reports may be made anonymously, the Division shall in all cases, after obtaining relevant information regarding
alleged abuse or neglect, request the name and address of any person making a report.
(d) Upon receipt of a report, the Division shall immediately communicate such report to its appropriate Division staff, after
a check has been made with the internal information system to determine whether previous reports have been made regarding
actual or suspected abuse or neglect of the subject child, or any reports regarding any siblings, family members or the alleged
perpetrator, and such information as may be contained from such previous reports. Such relevant information as may be contained
in the internal information system shall also be forwarded to the appropriate Division staff.
16 Del. C. 1953, § 1004; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 64 Del. Laws, c. 108, § 4; 68 Del. Laws, c. 440, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 199, § 4; 73 Del. Laws, c. 412, §§ 26, 27; 77 Del. Laws, c. 320, § 3.;
§ 906. State response to reports of abuse or neglect.
(a) The child protection system shall seek to promote the safety of children and the integrity and preservation of their families
by conducting investigations and/or family assessments in response to reports of child abuse or neglect. The system shall
endeavor to coordinate community resources and provide assistance or services to children and families identified to be at
risk, and to prevent and remedy child abuse and neglect.
(b) In implementing the child protection system, the Division shall:
(1) Receive and maintain reports pursuant to the provisions of §§ 903 and 905 of this title;
(2) Forward reports to the appropriate Division staff, who shall determine, through the use of protocols developed by the
Division, whether an investigation or the family assessment and services approach should be used to respond to the allegation.
The protocols for making this determination shall be developed by the Division and shall give priority to ensuring the well-being
and safety of the child;
(3) The Division may investigate any report, but shall conduct an investigation involving all reports, which if true, would
constitute violations against a child by a person responsible for the care, custody and control of the child of any of the
following provisions of § 603, 604, 611, 612, 613, 621, 625, 626, 631, 632, 633, 634, 635, 636, 645, 763, 765, 766, 767, 768,
769, 770, 771, 772, 773, 774, 775, 776, 777, 780, 782, 783, 783A, 791, 1100, 1101, 1102, 1107, 1108, 1109, 1110, 1111, or
1259 of Title 11, or an attempt to commit any such crimes. The Division staff shall also contact the Delaware Department of
Justice and the appropriate law-enforcement agency upon receipt of any report under this section and shall provide such agency
with a detailed description of the report received. The appropriate law enforcement agency shall assist the Division in the
investigation or provide the Division, within a reasonable time, an explanation detailing the reasons why it is unable to
assist. Notwithstanding any provision of the Delaware Code to the contrary, to the extent the law enforcement agency with
jurisdiction over the case is unable to assist, the Division may request that the Delaware State Police exercise jurisdiction
over the case and upon such request the Delaware State police may exercise such jurisdiction;
(4) The assisting law enforcement agency shall promptly conduct its own criminal investigation, and keep the Division regularly
apprised of the status and findings of its investigation. Law enforcement agencies and the Division shall develop protocols
to ensure compliance with this subsection;"
(5) The Division shall have authority to secure a medical examination of a child, without the consent of those responsible
for the care, custody and control of the child, if the child has been reported to be a victim of abuse or neglect; provided,
that such case is classified as an investigation pursuant to § 906(b)(3) of this title and the Director or the Director's
designee gives prior authorization for such examination upon finding that such examination is necessary to protect the health
and safety of the child;
(6) The investigation shall include, but need not be limited to, the nature, extent and cause of the abuse or neglect, collection
of evidence, the identity of the alleged perpetrator, the names and condition of other children and adults in the home, the
home environment, the relationship of the subject child to the parents or other persons responsible for the child's care,
any indication of incidents of physical violence against any other household or family member, background checks on all adults
in the home, and the gathering of other pertinent information;
(7) In the family assessment and services approach, assess service needs of the family from information gathered from the
family and other sources. The Division shall identify and provide services for families where it is determined that the child
is at risk of abuse or neglect. The Division shall document its attempt to provide voluntary services and the reasons these
services are important to reduce the risk of future abuse or neglect. If the family refuses to accept or avoids the proffered
services, the Division may refer the case for investigation or terminate services;
(8) Commence an immediate investigation if at any time during the family assessment and services approach the Division determines
that an investigation as delineated in subsection (3) of this section is required or is otherwise appropriate. The Division
staff who have conducted the assessment may remain involved in the provision of services to the child and family;
(9) Conduct a family assessment and services approach on reports initially referred for an investigation, if it is determined
that a complete investigation is not required. The reason for the termination of the investigative process shall be documented;
(10) Assist the child and family in obtaining services, if at any time during the investigation it is determined that the
child or any member of the family needs services;
(11) Identify local services and assist with access to those services for children and families where there is risk of abuse
or neglect;
(12) Update the internal information system at regular intervals during the course of the investigation. At the conclusion
of the investigation or family assessment, the internal information system shall be updated to include a case finding;
(13) When a written report is made by a person required to report under § 903 of this title, the Division shall contact the
person who made such report within 48 hours of the receipt of the report in order to ensure that full information has been
received and to obtain any additional information or medical records, or both, which may be pertinent;
(14) Upon completion of an investigation or family assessment and services approach, if the Division suspects that the report
was made maliciously or for the purpose of harassment, the Division shall refer the report and any evidence of malice or harassment
to the appropriate law enforcement agency;
(15) Multidisciplinary services shall be used whenever possible in conducting the investigation or family assessment and services
approach, including the services of law enforcement agencies, the medical community, and other agencies, both public and private.
The Division and the Attorney General's Office shall cooperate with law enforcement agencies and the Family Court to develop
training programs to increase the ability of Division personnel, court personnel, and law enforcement officers to investigate
suspected cases of abuse and neglect;
(16) A person required to report under § 903 of this title to the Division shall be informed by the Division of the person's
right to obtain information concerning the disposition of the report. Such person shall receive, from the local office, if
requested, information on the general disposition of the report at the conclusion of the investigation;
(17) In any judicial proceeding involving the custody of child, the fact that a report has been made pursuant to § 903 or
§ 905 of this title shall not be admissible unless offered by the Division as a party or as a friend of the Court or if the
Division is a party. However, nothing herein shall prohibit the introduction of evidence from independent sources to support
the allegations that may have caused a report to have been made;
(18) To protect the privacy of the family and the child named in a report, the Division shall establish guidelines concerning
the disclosure of information concerning the abuse and neglect involving a child. The Division may require persons to make
written requests for access to records maintained by the Division. The Division shall only release information to persons
who have a legitimate public safety need for such information or a need based on the health and safety of a child subject
to abuse, neglect or the risk of maltreatment, and such information shall be used only for the purpose for which the information
is released; and
(19) Upon the receipt of a report concerning allegations of abuse or neglect against a person known by the Division to be
licensed by 1 of the boards listed in § 8735 of Title 29, forward reports to the Division of Professional Regulation.
(c) In the event that a criminal prosecution for child sexual abuse or exploitation is initiated by the Department of Justice
against a person employed by or associated with a facility or organization required to be licensed or whose staff personnel
are required to be licensed under Delaware law whose primary concern is that of child welfare and care, the Attorney General
shall notify such employer within 48 hours:
(1) Upon the return of an indictment charging such person with having committed at least 1 felony offense involving an allegation
of child sexual abuse; or
(2) Upon an adjudication of guilt of such person for any misdemeanor or violation, when such offense involved sexual abuse,
in any degree, of a child under age 18.
Any violations of this subsection shall be dealt with administratively by the Attorney General and the penalty provisions
of § 914 of this title shall not apply hereto.
(d) In the event that a criminal prosecution for abuse or neglect is initiated by the Department of Justice pursuant to a
report under this chapter and incarceration of the person who is the subject of the report is ordered by the Court, the Attorney
General's office shall keep the Division informed of actions taken by the courts which result in the release of any such individual;
provided that the Attorney General's office is represented at such a hearing.
71 Del. Laws, c. 199, § 5; 71 Del. Laws, c. 424, § 8; 72 Del. Laws, c. 173, § 5; 73 Del. Laws, c. 412, § 28; 77 Del. Laws, c. 318, § 6; 77 Del. Laws, c. 320, §§ 4, 5.;
§ 907. Temporary emergency protective custody.
(a) A police officer or a physician who reasonably suspects that a child is in imminent danger of suffering serious physical
harm or a threat to life as a result of abuse or neglect and who reasonably suspects the harm or threat to life may occur
before the Family Court can issue a temporary protective custody order may take or retain temporary emergency protective custody
of the child without the consent of the child's parents, guardian or others legally responsible for the child's care.
(b) Any person taking a child into temporary emergency protective custody under this section shall immediately notify the
Division, in the county in which the child is located, of the person's actions and make a reasonable attempt to advise the
parents, guardians, or others legally responsible for the child's care. Such person shall also file, as soon as practicable
but no later than 12 hours thereafter, a written statement with the Division which sets forth the identity of the child and
the facts and circumstances which gave such person reasonable cause to believe that there was imminent danger of serious physical
harm or threat to the life of the child. Upon notification that a child has been taken into temporary emergency protective
custody, the Division shall immediately respond in accordance with § 906 of this title to secure the safety of the child which
may include ex parte custody relief from the Family Court if appropriate.
(c) Temporary emergency protective custody for purposes of this section shall not exceed 4 hours and shall cease upon the
Division's response pursuant to subsection (b).
(d) For the purposes of this section, temporary emergency protective custody shall mean temporary placement within a hospital,
medical facility or such other suitable placement; provided, however, that an abused or neglected child may not be detained
in temporary custody in a secure detention facility.
(e) A Division investigator conducting an investigation pursuant to § 906 of this title shall have the same authority as that
granted to a police officer or physician in paragraph (a) of this section, subject to all the same conditions as those listed
in paragraphs (a) through (d) of this section, provided that the child in question is located at a school, day care facility
or child care facility at the time that the authority is initially exercised. In no other case shall an employee of the Division
exercise custody under this section.
71 Del. Laws, c. 199, § 5; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 173, § 7.;
§ 907A. Safe Arms for Babies.
(a) The General Assembly finds and declares that the abandonment of a baby is an irresponsible act by parent(s) and places
the baby at risk of injury or death from exposure, actions by other individuals, and harm from animals. However, the General
Assembly does recognize that delivering a live baby to a safe place is far preferable to a baby killed or abandoned by the
parent(s). The General Assembly further finds and declares that the purpose of this section is not to circumvent the responsible
action of parent(s) who adhere to the current process of placing the baby for adoption, but to prevent the unnecessary risk
of harm to or death of that baby by desperate parent(s) who would otherwise abandon or cause the death of that baby. The General
Assembly further finds and declares that medical information about the baby and the baby's parent(s) is critical for the adoptive
parents and that every effort should be made, without risking the safe placement of the baby, to obtain that medical information
and provide counseling information to those parent(s). The General Assembly further finds and declares that if this section
does not result in the safe placement of such babies or is abused by parent(s) attempting to circumvent the current process
of adoption, it should be repealed.
(b) A person may voluntarily surrender a baby directly to an employee or volunteer of the emergency department of a Delaware
hospital inside of the emergency department, provided that said baby is surrendered alive, unharmed and in a safe place therein.
(c) A Delaware hospital shall be authorized to take temporary emergency protective custody of the baby who is surrendered
pursuant to this section. The person who surrenders the baby shall not be required to provide any information pertaining to
his or her identity, nor shall the hospital inquire as to same. If the identity of the person is known to the hospital, the
hospital shall keep the identity confidential. However, the hospital shall either make reasonable efforts to directly obtain
pertinent medical history information pertaining to the baby and the baby's family or attempt to provide the person with a
postage paid medical history information questionnaire.
(d) The hospital shall attempt to provide the person leaving the baby with the following:
(1) Information about the Safe Arms program;
(2) Information about adoption and counseling services, including information that confidential adoption services are available
and information about the benefits of engaging in a regular, voluntary adoption process; and
(3) Brochures with telephone numbers for public or private agencies that provide counseling or adoption services.
(e) The hospital shall attempt to provide the person surrendering the baby with the number of the baby's identification bracelet
to aid in linking the person to the baby at a later date, if reunification is sought. Such an identification number is an
identification aid only and does not permit the person possessing the identification number to take custody of the baby on
demand.
(f) If a person possesses an identification number linking the person to a baby surrendered at a hospital under this section
and parental rights have not already been terminated, possession of the identification number creates a presumption that the
person has standing to participate in an action. Possession of the identification number does not create a presumption of
maternity, paternity or custody.
(g) Any hospital taking a baby into temporary emergency protective custody pursuant to this section shall immediately notify
the Division and the State Police of its actions. The Division shall obtain ex parte custody and physically appear at the
hospital within 4 hours of notification under this subsection unless there are exigent circumstances. Immediately after being
notified of the surrender, the State Police shall submit an inquiry to the Delaware Missing Children Information Clearinghouse.
(h) The Division shall notify the community that a baby has been abandoned and taken into temporary emergency protective custody
by publishing notice to that effect in a newspaper of statewide circulation. The notice must be published at least 3 times
over a 3-week period immediately following the surrender of the baby unless the Division has relinquished custody. The notice,
at a minimum, shall contain the place, date and time where the baby was surrendered, the baby's sex, race, approximate age,
identifying marks, any other information the Division deems necessary for the baby's identification, and a statement that
such abandonment shall be:
(1) The surrendering person's irrevocable consent to the termination of all parental rights, if any, of such person on the
ground of abandonment; and
(2) The surrendering person's irrevocable waiver of any right to notice of or opportunity to participate in any termination
of parental rights proceeding involving such child, unless such surrendering person manifests an intent to exercise parental
rights and responsibilities within 30 days of such abandonment.
(i) When the person who surrenders a baby pursuant to this section manifests a desire to remain anonymous, the Division shall
neither initiate nor conduct an investigation to determine the identity of such person, and no court shall order such an investigation
unless there is good cause to suspect child abuse or neglect other than the act of surrendering such baby.
73 Del. Laws, c. 187, §§ 3, 8; 75 Del. Laws, c. 376, § 1.;
§ 908. Immunity from liability, and special reimbursement to hospitals for expenses related to certain babies.
(a) Anyone participating in good faith in the making of a report or notifying police officers pursuant to this chapter, performing
a medical examination without the consent of those responsible for the care, custody and control of a child pursuant to §
906(b)(5) of this title, or exercising emergency protective custody in compliance with § 907 of this title, shall have immunity
from any liability, civil or criminal, that might otherwise exist, and such immunity shall extend to participation in any
judicial proceeding resulting from the above actions taken in good faith. This section shall not limit the liability of any
health care provider for personal injury claims due to medical negligence that occurs as a result of any examination performed
pursuant to § 906(b)(3) of this title.
(b) A hospital, hospital employee or hospital volunteer which accepts temporary emergency protective custody of a baby pursuant
to § 907A of this title is absolutely immune from civil and administrative liability for any act of commission or omission
in connection with the acceptance of that temporary emergency protective custody or the provision of care for the baby when
left at the hospital while said baby is in the hospital's temporary emergency protective custody except for negligence or
intentional acts. If a hospital accepts temporary emergency protective custody of a baby pursuant to § 907A of this title,
the State shall reimburse the hospital for eligible, medically necessary costs under the Medicaid Fee for Service Program.
16 Del. C. 1953, § 1005; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 71 Del. Laws, c. 199, § 5; 72 Del. Laws, c. 179, § 5; 73 Del. Laws, c. 187, §§ 4, 5, 8; 75 Del. Laws, c. 376, § 1.;
§ 909. Privileged communication not recognized.
No legally recognized privilege, except that between attorney and client and that between priest and penitent in a sacramental
confession, shall apply to situations involving known or suspected child abuse, neglect, exploitation or abandonment and shall
not constitute grounds for failure to report as required by § 903 of this title or to give or accept evidence in any judicial
proceeding relating to child abuse or neglect.
16 Del. C. 1953, § 1007; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 71 Del. Laws, c. 199, § 5.;
§ 910. Court orders to compel.
(a) Whenever an investigation has been opened with the Division pursuant to § 906 of this title for potential abuse or neglect
of a child, the Division shall have the authority to request an order from the Family Court:
(1) To obtain access to the child, or children, and the residence of child, or children;
(2) To compel the appearance of a person at an office of the Division in furtherance of the investigation; or
(3) To compel compliance with a treatment plan previously agreed to by a child's parent or guardian, if non-compliance with
the plan endangers a child's safety.
The Family Court shall issue such an order upon the showing of "need" by the Division and shall enforce noncompliance with
such an order pursuant to § 925(3) of Title 10. Formal notice of a request under this section shall be provided to the respondent
prior to the filing of the request with the Family Court provided that orders pursuant to this section may be granted on an
ex parte basis if the child, or children, at issue are at risk of imminent physical danger. The Family Court shall consider
all requests pursuant to this section within 2 business days of the request being made.
(b) For purposes of this section, "need" shall mean:
(1) That the Division has in good faith attempted on at least 2 separate prior occasions, at least 1 of which was by written
communication sent by certified mail, return receipt requested, to contact the person in question without success; or
(2) That a child is in danger of imminent physical injury due to the Division's inability to communicate with the person or
see the child or the child's residence.
71 Del. Laws, c. 199, § 6; 72 Del. Laws, c. 173, § 6.;
§ 911. Training and information.
(a) The Division shall, on a continuing basis, undertake and maintain programs to inform all persons required to report abuse
or neglect pursuant to § 903 of this title and the public of the nature, problem and extent of abuse and neglect, and of the
remedial and therapeutic services available to children and their families and to encourage self-reporting and the voluntary
acceptance of such services.
(b) The Division shall conduct ongoing training programs to advance the purpose of this section.
(c) The Division shall continuously publicize the existence of the 24-hour report-line to those required to report abuse or
neglect pursuant to § 903 of this title of their responsibilities and to the public the existence of the 24-hour statewide
toll-free telephone number to receive reports of abuse or neglect.
71 Del. Laws, c. 199, § 6.;
§ 912. The Child Protection Accountability Commission.
(a) The Delaware Child Protection Accountability Commission is hereby established. The Commission shall consist of 20 members
with the at-large members and the Chair appointed by the Governor, shall be staffed by the Office of the Child Advocate and
shall be comprised of the following:
(1) The Secretary of Services for Children, Youth and Their Families, or the Secretary's designee;
(2) The Director of the Division of Family Services, or the Director's designee;
(3) Two representatives from the Attorney's General Office, designated by the Attorney General;
(4) Two members of the Family Court, designated by the Chief Judge;
(5) One member of the House of Representatives, designated by the Speaker of the House;
(6) One member of the Senate, designated by the President Pro Tempore of the Senate;
(7) The Chair of the Child Placement Review Board, or the Chair's designee;
(8) The Secretary of the Department of Education, or the Secretary's designee;
(9) The Director of Prevention and Behavioral Health Services, or the Director's designee;
(10) The Chair of the Domestic Violence Coordinating Council, or the Chair's designee;
(11) Eight at-large members with 1 person from the medical community, 1 person from the Interagency Committee on Adoption
who works with youth engaged in the foster care system, 2 persons from law enforcement agencies and 4 persons from the child
protection community. The 2 persons appointed from law-enforcement agencies may designate proxies as needed.
(b) The Child Advocate shall serve as the Executive Director of the Commission to effectuate its purposes pursuant to Chapter
90A of Title 29. It shall be the purpose of the Commission to monitor Delaware's child protection system to best ensure the
health, safety and well-being of Delaware's abused, neglected and dependent children. To that end, the Commission shall meet
on a quarterly basis and shall:
(1) Examine and evaluate the policies, procedures and effectiveness of the child protection system and make recommendations
for changes therein, focusing specifically on the respective roles in the child protection system of the Division of Family
Services, the Division of Prevention and Behavioral Health Services, the Office of the Attorney General, the Family Court,
the medical community, and law enforcement agencies;
(2) Recommend changes in the policies and procedures for investigating and overseeing the welfare of abused, neglected and
dependent children;
(3) Advocate for legislation and make legislative recommendations to the Governor and General Assembly;
(4) Access, develop and provide quality training to staff of the Division of Family Services, Deputy Attorneys General, Family
Court, law enforcement officers, the medical community, educators, day-care providers, and others on child protection issues;
(5) Review and make recommendations concerning the well-being of Delaware's abused, neglected and dependent children including,
but not limited to, issues relating to foster care, adoption, mental health services, victim services, education, rehabilitation,
substance abuse and independent living; and
(6) Provide the following reports to the Governor:
a. An annual summary of the Commission's work and recommendations, including work of the Office of the Child Advocate, with
copies thereof sent to the General Assembly; and
b. A quarterly written report of the Commission's activities and findings, in the form of minutes, made available also to
the General Assembly and the public.
71 Del. Laws, c. 199, § 6; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 116, §§ 1-3, 5[4]; 76 Del. Laws, c. 97; 77 Del. Laws, c. 327, § 210(a); 77 Del. Laws, c. 383, §§ 1-3.;
§ 913. Child under treatment by spiritual means not neglected.
No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices
of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be
considered a neglected child for the purposes of this chapter.
16 Del. C. 1953, § 1006; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1.;
§ 914. Penalty for violation.
(a) Whoever violates § 903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation,
and not to exceed $50,000 for any subsequent violation.
(b) In any action brought under this section, if the court finds a violation, the court may award costs and attorneys' fees.
16 Del. C. 1953, § 1008; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 77 Del. Laws, c. 121, § 1; 77 Del. Laws, c. 320, § 6.;
Subchapter I. Reports and Investigations of Abuse and Neglect; Child Protection Accountability Commission
§ 901. Purpose.
It is the intent of the General Assembly that the primary purpose of the child welfare policy of this State shall be to ensure
the best interest and safety of the child, including preserving the family unit whenever the safety of the child is not jeopardized.
To that end it is the purpose of this chapter to provide for comprehensive protective services for abused and neglected children
by mandating that reports of such abuse or neglect be made to the appropriate authorities and by requiring the child protection
system to seek and promote the safety of children who are the subject of such reports of abuse or neglect by conducting investigations
or family assessments and providing necessary services.
It shall further be the purpose of this chapter to provide for the protection of all children in facilities or organizations
required to be licensed under Delaware law whose primary concern is that of child welfare and care by requiring the Attorney
General to notify any such facility in cases where an employee of such a facility or any other person associated with such
facility has been charged with or convicted of an offense involving child sexual abuse.
16 Del. C. 1953, § 1001; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 68 Del. Laws, c. 440, § 1; 71 Del. Laws, c. 199, § 2.;
§ 902. Definitions.
As used in this chapter, the following terms mean:
(1) "Abuse" or "abused child" is as defined in § 901 of Title 10.
(2) "Baby" shall mean a child not more than 14 days old, except that for hospitals and their employees and volunteers, "baby"
shall mean a child reasonably believed to be not more than 14 days old.
(3) "Child" shall mean any person who has not reached that person's own 18th birthday.
(4) "Child Protection Registry" or "Registry" means a collection of information as described in subchapter II of this chapter
about persons who have been substantiated for abuse or neglect as provided in subchapter II of this chapter or who were substantiated
between August 1, 1994, and February 1, 2003.
(5) "Child welfare proceeding" means any Family Court proceeding and subsequent appeal therefrom involving custody, visitation,
guardianship, termination of parental rights, adoption or other related petitions that involve a dependent, neglected or abused
child or a child at risk of same as determined by the Family Court.
(6) "Conviction" or "convicted" means entry of a plea of guilty or nolo contendere, regardless of whether the plea was subsequently
discharged or dismissed under the first offenders domestic violence diversion program pursuant to § 1024 of Title 10, or under
the first offenders controlled substances diversion program pursuant to § 4764 of this title, or of a Robinson plea, or of
a probation before judgment discharge without judgment of conviction notwithstanding the provisions of § 4218(f) of Title
11, or a finding of guilt after trial, or a finding of not guilty after trial as a result of the defense of mental disease
or defect pursuant to Title 11, or adjudication of delinquency for conduct which if committed by an adult, would constitute
a crime; or "conviction' or "convicted' under similar proceedings of another state, territory or jurisdiction.
(7) "Director" shall mean the Director of the Division of Family Services of the Department of Services for Children, Youth
and Their Families.
(8) "Division" shall mean the Division of Family Services of the Department of Services for Children, Youth and Their Families.
(9) "Family assessment and services" shall mean a case management approach by the Division of Family Services that provides
for a prompt assessment of a child and the child's family and the circumstances of the reported incident (including the known
history of the child and/or the alleged perpetrator) when there has been a report to the Division that the child was a victim
of abuse or neglect, or at risk of maltreatment by a person responsible for that child's care, custody or control. Family
assessment and services shall be used in conjunction with the investigation approach defined in paragraph (7) of this section
but may not supplant it in circumstances which require an investigation. The family assessment response shall focus on the
integrity and preservation of the family and shall assess the status of the child and the family in terms of the risk of abuse
and neglect and, if necessary, plan and provide for the provision of community-based services to reduce the risk and to otherwise
support the family.
(10) "Good faith" shall be presumed in the absence of evidence of malice or wilful misconduct.
(11) "Internal information system" shall mean a system of maintaining information related to all reports of abuse, neglect,
investigations, family assessments, services and other relevant information.
(12) "Investigation" shall mean the collection of evidence in response to a report of abuse, neglect, or risk of maltreatment
by a person responsible for that child's care, custody or control in order to determine if a child has been abused, neglected,
or is at risk of maltreatment. The Division shall develop protocols for its investigations that focus on ensuring the well-being
and safety of the child. The Division may conduct an investigation in response to any report of abuse, neglect, or risk of
maltreatment but shall conduct an investigation as enumerated under § 906(b)(3) of this title.
(13) "Neglect" or "neglected child" is as defined in § 901 of Title 10.
(14) "Report" shall mean the communication of an allegation of child abuse or neglect to the Division pursuant to § 903 or
§ 905 of this title;
(15) "Special Investigator" shall mean a Division employee, appointed by the Secretary, who performs abuse and neglect investigations
and possesses additional qualifications and authority as defined by § 9016 of Title 29.
(16) "Substantiation" means a finding by a preponderance of the evidence that abuse or neglect has occurred.
(17) "Those responsible for the care, custody and control of the child" or "care, custody and control" is as defined in §
901 of Title 10.
60 Del. Laws, c. 494, § 1; 64 Del. Laws, c. 213, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 199, § 3; 72 Del. Laws, c. 179, § 3; 72 Del. Laws, c. 469, § 4; 73 Del. Laws, c. 187, §§ 2, 8; 73 Del. Laws, c. 412, §§ 2-5; 75 Del. Laws, c. 376, § 1; 76 Del. Laws, c. 136, §§ 14-16.;
§ 902A. Registration; procedure; notice.
Repealed by 73 Del. Laws, c. 412, § 6, effective February 1, 2003.
§ 903. Reports required.
Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report
in accordance with § 904 of this title. For purposes of this section, "person" shall include, but shall not be limited to,
any physician, any other person in the healing arts including any person licensed to render services in medicine, osteopathy
or dentistry, any intern, resident, nurse, school employee, social worker, psychologist, medical examiner, hospital, health
care institution, the Medical Society of Delaware or law-enforcement agency. In addition to and not in lieu of reporting to
the Division of Family Services, any such person may also give oral or written notification of said knowledge or suspicion
to any police officer who is in the presence of such person for the purpose of rendering assistance to the child in question
or investigating the cause of the child's injuries or condition.
16 Del. C. 1953, § 1002; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 72 Del. Laws, c. 179, § 4; 77 Del. Laws, c. 320, § 1.;
§ 904. Nature and content of report; to whom made.
Any report of child abuse or neglect required to be made under this chapter shall be made to the Department of Services for
Children, Youth and Their Families. An immediate oral report shall be made by telephone or otherwise. Reports and the contents
thereof including a written report, if requested, shall be made in accordance with the rules and regulations of the Division,
or in accordance with the rules and regulations adopted by the Division.
16 Del. C. 1953, § 1003; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 64 Del. Laws, c. 108, §§ 4, 11; 77 Del. Laws, c. 320, § 2.;
§ 905. Telephone reports, Child Protection Registry and information system.
(a) The Division shall establish and maintain a 24-hour statewide toll-free telephone report line operating at all times and
capable of receiving all reports of alleged abuse and neglect as defined in § 901 of Title 10.
(b) The Division shall maintain a Child Protection Registry and an internal information system as defined by § 902 of this
title. Reports unsubstantiated may be kept in the internal information system by the Division at its discretion.
(c) Although reports may be made anonymously, the Division shall in all cases, after obtaining relevant information regarding
alleged abuse or neglect, request the name and address of any person making a report.
(d) Upon receipt of a report, the Division shall immediately communicate such report to its appropriate Division staff, after
a check has been made with the internal information system to determine whether previous reports have been made regarding
actual or suspected abuse or neglect of the subject child, or any reports regarding any siblings, family members or the alleged
perpetrator, and such information as may be contained from such previous reports. Such relevant information as may be contained
in the internal information system shall also be forwarded to the appropriate Division staff.
16 Del. C. 1953, § 1004; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 64 Del. Laws, c. 108, § 4; 68 Del. Laws, c. 440, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 199, § 4; 73 Del. Laws, c. 412, §§ 26, 27; 77 Del. Laws, c. 320, § 3.;
§ 906. State response to reports of abuse or neglect.
(a) The child protection system shall seek to promote the safety of children and the integrity and preservation of their families
by conducting investigations and/or family assessments in response to reports of child abuse or neglect. The system shall
endeavor to coordinate community resources and provide assistance or services to children and families identified to be at
risk, and to prevent and remedy child abuse and neglect.
(b) In implementing the child protection system, the Division shall:
(1) Receive and maintain reports pursuant to the provisions of §§ 903 and 905 of this title;
(2) Forward reports to the appropriate Division staff, who shall determine, through the use of protocols developed by the
Division, whether an investigation or the family assessment and services approach should be used to respond to the allegation.
The protocols for making this determination shall be developed by the Division and shall give priority to ensuring the well-being
and safety of the child;
(3) The Division may investigate any report, but shall conduct an investigation involving all reports, which if true, would
constitute violations against a child by a person responsible for the care, custody and control of the child of any of the
following provisions of § 603, 604, 611, 612, 613, 621, 625, 626, 631, 632, 633, 634, 635, 636, 645, 763, 765, 766, 767, 768,
769, 770, 771, 772, 773, 774, 775, 776, 777, 780, 782, 783, 783A, 791, 1100, 1101, 1102, 1107, 1108, 1109, 1110, 1111, or
1259 of Title 11, or an attempt to commit any such crimes. The Division staff shall also contact the Delaware Department of
Justice and the appropriate law-enforcement agency upon receipt of any report under this section and shall provide such agency
with a detailed description of the report received. The appropriate law enforcement agency shall assist the Division in the
investigation or provide the Division, within a reasonable time, an explanation detailing the reasons why it is unable to
assist. Notwithstanding any provision of the Delaware Code to the contrary, to the extent the law enforcement agency with
jurisdiction over the case is unable to assist, the Division may request that the Delaware State Police exercise jurisdiction
over the case and upon such request the Delaware State police may exercise such jurisdiction;
(4) The assisting law enforcement agency shall promptly conduct its own criminal investigation, and keep the Division regularly
apprised of the status and findings of its investigation. Law enforcement agencies and the Division shall develop protocols
to ensure compliance with this subsection;"
(5) The Division shall have authority to secure a medical examination of a child, without the consent of those responsible
for the care, custody and control of the child, if the child has been reported to be a victim of abuse or neglect; provided,
that such case is classified as an investigation pursuant to § 906(b)(3) of this title and the Director or the Director's
designee gives prior authorization for such examination upon finding that such examination is necessary to protect the health
and safety of the child;
(6) The investigation shall include, but need not be limited to, the nature, extent and cause of the abuse or neglect, collection
of evidence, the identity of the alleged perpetrator, the names and condition of other children and adults in the home, the
home environment, the relationship of the subject child to the parents or other persons responsible for the child's care,
any indication of incidents of physical violence against any other household or family member, background checks on all adults
in the home, and the gathering of other pertinent information;
(7) In the family assessment and services approach, assess service needs of the family from information gathered from the
family and other sources. The Division shall identify and provide services for families where it is determined that the child
is at risk of abuse or neglect. The Division shall document its attempt to provide voluntary services and the reasons these
services are important to reduce the risk of future abuse or neglect. If the family refuses to accept or avoids the proffered
services, the Division may refer the case for investigation or terminate services;
(8) Commence an immediate investigation if at any time during the family assessment and services approach the Division determines
that an investigation as delineated in subsection (3) of this section is required or is otherwise appropriate. The Division
staff who have conducted the assessment may remain involved in the provision of services to the child and family;
(9) Conduct a family assessment and services approach on reports initially referred for an investigation, if it is determined
that a complete investigation is not required. The reason for the termination of the investigative process shall be documented;
(10) Assist the child and family in obtaining services, if at any time during the investigation it is determined that the
child or any member of the family needs services;
(11) Identify local services and assist with access to those services for children and families where there is risk of abuse
or neglect;
(12) Update the internal information system at regular intervals during the course of the investigation. At the conclusion
of the investigation or family assessment, the internal information system shall be updated to include a case finding;
(13) When a written report is made by a person required to report under § 903 of this title, the Division shall contact the
person who made such report within 48 hours of the receipt of the report in order to ensure that full information has been
received and to obtain any additional information or medical records, or both, which may be pertinent;
(14) Upon completion of an investigation or family assessment and services approach, if the Division suspects that the report
was made maliciously or for the purpose of harassment, the Division shall refer the report and any evidence of malice or harassment
to the appropriate law enforcement agency;
(15) Multidisciplinary services shall be used whenever possible in conducting the investigation or family assessment and services
approach, including the services of law enforcement agencies, the medical community, and other agencies, both public and private.
The Division and the Attorney General's Office shall cooperate with law enforcement agencies and the Family Court to develop
training programs to increase the ability of Division personnel, court personnel, and law enforcement officers to investigate
suspected cases of abuse and neglect;
(16) A person required to report under § 903 of this title to the Division shall be informed by the Division of the person's
right to obtain information concerning the disposition of the report. Such person shall receive, from the local office, if
requested, information on the general disposition of the report at the conclusion of the investigation;
(17) In any judicial proceeding involving the custody of child, the fact that a report has been made pursuant to § 903 or
§ 905 of this title shall not be admissible unless offered by the Division as a party or as a friend of the Court or if the
Division is a party. However, nothing herein shall prohibit the introduction of evidence from independent sources to support
the allegations that may have caused a report to have been made;
(18) To protect the privacy of the family and the child named in a report, the Division shall establish guidelines concerning
the disclosure of information concerning the abuse and neglect involving a child. The Division may require persons to make
written requests for access to records maintained by the Division. The Division shall only release information to persons
who have a legitimate public safety need for such information or a need based on the health and safety of a child subject
to abuse, neglect or the risk of maltreatment, and such information shall be used only for the purpose for which the information
is released; and
(19) Upon the receipt of a report concerning allegations of abuse or neglect against a person known by the Division to be
licensed by 1 of the boards listed in § 8735 of Title 29, forward reports to the Division of Professional Regulation.
(c) In the event that a criminal prosecution for child sexual abuse or exploitation is initiated by the Department of Justice
against a person employed by or associated with a facility or organization required to be licensed or whose staff personnel
are required to be licensed under Delaware law whose primary concern is that of child welfare and care, the Attorney General
shall notify such employer within 48 hours:
(1) Upon the return of an indictment charging such person with having committed at least 1 felony offense involving an allegation
of child sexual abuse; or
(2) Upon an adjudication of guilt of such person for any misdemeanor or violation, when such offense involved sexual abuse,
in any degree, of a child under age 18.
Any violations of this subsection shall be dealt with administratively by the Attorney General and the penalty provisions
of § 914 of this title shall not apply hereto.
(d) In the event that a criminal prosecution for abuse or neglect is initiated by the Department of Justice pursuant to a
report under this chapter and incarceration of the person who is the subject of the report is ordered by the Court, the Attorney
General's office shall keep the Division informed of actions taken by the courts which result in the release of any such individual;
provided that the Attorney General's office is represented at such a hearing.
71 Del. Laws, c. 199, § 5; 71 Del. Laws, c. 424, § 8; 72 Del. Laws, c. 173, § 5; 73 Del. Laws, c. 412, § 28; 77 Del. Laws, c. 318, § 6; 77 Del. Laws, c. 320, §§ 4, 5.;
§ 907. Temporary emergency protective custody.
(a) A police officer or a physician who reasonably suspects that a child is in imminent danger of suffering serious physical
harm or a threat to life as a result of abuse or neglect and who reasonably suspects the harm or threat to life may occur
before the Family Court can issue a temporary protective custody order may take or retain temporary emergency protective custody
of the child without the consent of the child's parents, guardian or others legally responsible for the child's care.
(b) Any person taking a child into temporary emergency protective custody under this section shall immediately notify the
Division, in the county in which the child is located, of the person's actions and make a reasonable attempt to advise the
parents, guardians, or others legally responsible for the child's care. Such person shall also file, as soon as practicable
but no later than 12 hours thereafter, a written statement with the Division which sets forth the identity of the child and
the facts and circumstances which gave such person reasonable cause to believe that there was imminent danger of serious physical
harm or threat to the life of the child. Upon notification that a child has been taken into temporary emergency protective
custody, the Division shall immediately respond in accordance with § 906 of this title to secure the safety of the child which
may include ex parte custody relief from the Family Court if appropriate.
(c) Temporary emergency protective custody for purposes of this section shall not exceed 4 hours and shall cease upon the
Division's response pursuant to subsection (b).
(d) For the purposes of this section, temporary emergency protective custody shall mean temporary placement within a hospital,
medical facility or such other suitable placement; provided, however, that an abused or neglected child may not be detained
in temporary custody in a secure detention facility.
(e) A Division investigator conducting an investigation pursuant to § 906 of this title shall have the same authority as that
granted to a police officer or physician in paragraph (a) of this section, subject to all the same conditions as those listed
in paragraphs (a) through (d) of this section, provided that the child in question is located at a school, day care facility
or child care facility at the time that the authority is initially exercised. In no other case shall an employee of the Division
exercise custody under this section.
71 Del. Laws, c. 199, § 5; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 173, § 7.;
§ 907A. Safe Arms for Babies.
(a) The General Assembly finds and declares that the abandonment of a baby is an irresponsible act by parent(s) and places
the baby at risk of injury or death from exposure, actions by other individuals, and harm from animals. However, the General
Assembly does recognize that delivering a live baby to a safe place is far preferable to a baby killed or abandoned by the
parent(s). The General Assembly further finds and declares that the purpose of this section is not to circumvent the responsible
action of parent(s) who adhere to the current process of placing the baby for adoption, but to prevent the unnecessary risk
of harm to or death of that baby by desperate parent(s) who would otherwise abandon or cause the death of that baby. The General
Assembly further finds and declares that medical information about the baby and the baby's parent(s) is critical for the adoptive
parents and that every effort should be made, without risking the safe placement of the baby, to obtain that medical information
and provide counseling information to those parent(s). The General Assembly further finds and declares that if this section
does not result in the safe placement of such babies or is abused by parent(s) attempting to circumvent the current process
of adoption, it should be repealed.
(b) A person may voluntarily surrender a baby directly to an employee or volunteer of the emergency department of a Delaware
hospital inside of the emergency department, provided that said baby is surrendered alive, unharmed and in a safe place therein.
(c) A Delaware hospital shall be authorized to take temporary emergency protective custody of the baby who is surrendered
pursuant to this section. The person who surrenders the baby shall not be required to provide any information pertaining to
his or her identity, nor shall the hospital inquire as to same. If the identity of the person is known to the hospital, the
hospital shall keep the identity confidential. However, the hospital shall either make reasonable efforts to directly obtain
pertinent medical history information pertaining to the baby and the baby's family or attempt to provide the person with a
postage paid medical history information questionnaire.
(d) The hospital shall attempt to provide the person leaving the baby with the following:
(1) Information about the Safe Arms program;
(2) Information about adoption and counseling services, including information that confidential adoption services are available
and information about the benefits of engaging in a regular, voluntary adoption process; and
(3) Brochures with telephone numbers for public or private agencies that provide counseling or adoption services.
(e) The hospital shall attempt to provide the person surrendering the baby with the number of the baby's identification bracelet
to aid in linking the person to the baby at a later date, if reunification is sought. Such an identification number is an
identification aid only and does not permit the person possessing the identification number to take custody of the baby on
demand.
(f) If a person possesses an identification number linking the person to a baby surrendered at a hospital under this section
and parental rights have not already been terminated, possession of the identification number creates a presumption that the
person has standing to participate in an action. Possession of the identification number does not create a presumption of
maternity, paternity or custody.
(g) Any hospital taking a baby into temporary emergency protective custody pursuant to this section shall immediately notify
the Division and the State Police of its actions. The Division shall obtain ex parte custody and physically appear at the
hospital within 4 hours of notification under this subsection unless there are exigent circumstances. Immediately after being
notified of the surrender, the State Police shall submit an inquiry to the Delaware Missing Children Information Clearinghouse.
(h) The Division shall notify the community that a baby has been abandoned and taken into temporary emergency protective custody
by publishing notice to that effect in a newspaper of statewide circulation. The notice must be published at least 3 times
over a 3-week period immediately following the surrender of the baby unless the Division has relinquished custody. The notice,
at a minimum, shall contain the place, date and time where the baby was surrendered, the baby's sex, race, approximate age,
identifying marks, any other information the Division deems necessary for the baby's identification, and a statement that
such abandonment shall be:
(1) The surrendering person's irrevocable consent to the termination of all parental rights, if any, of such person on the
ground of abandonment; and
(2) The surrendering person's irrevocable waiver of any right to notice of or opportunity to participate in any termination
of parental rights proceeding involving such child, unless such surrendering person manifests an intent to exercise parental
rights and responsibilities within 30 days of such abandonment.
(i) When the person who surrenders a baby pursuant to this section manifests a desire to remain anonymous, the Division shall
neither initiate nor conduct an investigation to determine the identity of such person, and no court shall order such an investigation
unless there is good cause to suspect child abuse or neglect other than the act of surrendering such baby.
73 Del. Laws, c. 187, §§ 3, 8; 75 Del. Laws, c. 376, § 1.;
§ 908. Immunity from liability, and special reimbursement to hospitals for expenses related to certain babies.
(a) Anyone participating in good faith in the making of a report or notifying police officers pursuant to this chapter, performing
a medical examination without the consent of those responsible for the care, custody and control of a child pursuant to §
906(b)(5) of this title, or exercising emergency protective custody in compliance with § 907 of this title, shall have immunity
from any liability, civil or criminal, that might otherwise exist, and such immunity shall extend to participation in any
judicial proceeding resulting from the above actions taken in good faith. This section shall not limit the liability of any
health care provider for personal injury claims due to medical negligence that occurs as a result of any examination performed
pursuant to § 906(b)(3) of this title.
(b) A hospital, hospital employee or hospital volunteer which accepts temporary emergency protective custody of a baby pursuant
to § 907A of this title is absolutely immune from civil and administrative liability for any act of commission or omission
in connection with the acceptance of that temporary emergency protective custody or the provision of care for the baby when
left at the hospital while said baby is in the hospital's temporary emergency protective custody except for negligence or
intentional acts. If a hospital accepts temporary emergency protective custody of a baby pursuant to § 907A of this title,
the State shall reimburse the hospital for eligible, medically necessary costs under the Medicaid Fee for Service Program.
16 Del. C. 1953, § 1005; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 71 Del. Laws, c. 199, § 5; 72 Del. Laws, c. 179, § 5; 73 Del. Laws, c. 187, §§ 4, 5, 8; 75 Del. Laws, c. 376, § 1.;
§ 909. Privileged communication not recognized.
No legally recognized privilege, except that between attorney and client and that between priest and penitent in a sacramental
confession, shall apply to situations involving known or suspected child abuse, neglect, exploitation or abandonment and shall
not constitute grounds for failure to report as required by § 903 of this title or to give or accept evidence in any judicial
proceeding relating to child abuse or neglect.
16 Del. C. 1953, § 1007; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 71 Del. Laws, c. 199, § 5.;
§ 910. Court orders to compel.
(a) Whenever an investigation has been opened with the Division pursuant to § 906 of this title for potential abuse or neglect
of a child, the Division shall have the authority to request an order from the Family Court:
(1) To obtain access to the child, or children, and the residence of child, or children;
(2) To compel the appearance of a person at an office of the Division in furtherance of the investigation; or
(3) To compel compliance with a treatment plan previously agreed to by a child's parent or guardian, if non-compliance with
the plan endangers a child's safety.
The Family Court shall issue such an order upon the showing of "need" by the Division and shall enforce noncompliance with
such an order pursuant to § 925(3) of Title 10. Formal notice of a request under this section shall be provided to the respondent
prior to the filing of the request with the Family Court provided that orders pursuant to this section may be granted on an
ex parte basis if the child, or children, at issue are at risk of imminent physical danger. The Family Court shall consider
all requests pursuant to this section within 2 business days of the request being made.
(b) For purposes of this section, "need" shall mean:
(1) That the Division has in good faith attempted on at least 2 separate prior occasions, at least 1 of which was by written
communication sent by certified mail, return receipt requested, to contact the person in question without success; or
(2) That a child is in danger of imminent physical injury due to the Division's inability to communicate with the person or
see the child or the child's residence.
71 Del. Laws, c. 199, § 6; 72 Del. Laws, c. 173, § 6.;
§ 911. Training and information.
(a) The Division shall, on a continuing basis, undertake and maintain programs to inform all persons required to report abuse
or neglect pursuant to § 903 of this title and the public of the nature, problem and extent of abuse and neglect, and of the
remedial and therapeutic services available to children and their families and to encourage self-reporting and the voluntary
acceptance of such services.
(b) The Division shall conduct ongoing training programs to advance the purpose of this section.
(c) The Division shall continuously publicize the existence of the 24-hour report-line to those required to report abuse or
neglect pursuant to § 903 of this title of their responsibilities and to the public the existence of the 24-hour statewide
toll-free telephone number to receive reports of abuse or neglect.
71 Del. Laws, c. 199, § 6.;
§ 912. The Child Protection Accountability Commission.
(a) The Delaware Child Protection Accountability Commission is hereby established. The Commission shall consist of 20 members
with the at-large members and the Chair appointed by the Governor, shall be staffed by the Office of the Child Advocate and
shall be comprised of the following:
(1) The Secretary of Services for Children, Youth and Their Families, or the Secretary's designee;
(2) The Director of the Division of Family Services, or the Director's designee;
(3) Two representatives from the Attorney's General Office, designated by the Attorney General;
(4) Two members of the Family Court, designated by the Chief Judge;
(5) One member of the House of Representatives, designated by the Speaker of the House;
(6) One member of the Senate, designated by the President Pro Tempore of the Senate;
(7) The Chair of the Child Placement Review Board, or the Chair's designee;
(8) The Secretary of the Department of Education, or the Secretary's designee;
(9) The Director of Prevention and Behavioral Health Services, or the Director's designee;
(10) The Chair of the Domestic Violence Coordinating Council, or the Chair's designee;
(11) Eight at-large members with 1 person from the medical community, 1 person from the Interagency Committee on Adoption
who works with youth engaged in the foster care system, 2 persons from law enforcement agencies and 4 persons from the child
protection community. The 2 persons appointed from law-enforcement agencies may designate proxies as needed.
(b) The Child Advocate shall serve as the Executive Director of the Commission to effectuate its purposes pursuant to Chapter
90A of Title 29. It shall be the purpose of the Commission to monitor Delaware's child protection system to best ensure the
health, safety and well-being of Delaware's abused, neglected and dependent children. To that end, the Commission shall meet
on a quarterly basis and shall:
(1) Examine and evaluate the policies, procedures and effectiveness of the child protection system and make recommendations
for changes therein, focusing specifically on the respective roles in the child protection system of the Division of Family
Services, the Division of Prevention and Behavioral Health Services, the Office of the Attorney General, the Family Court,
the medical community, and law enforcement agencies;
(2) Recommend changes in the policies and procedures for investigating and overseeing the welfare of abused, neglected and
dependent children;
(3) Advocate for legislation and make legislative recommendations to the Governor and General Assembly;
(4) Access, develop and provide quality training to staff of the Division of Family Services, Deputy Attorneys General, Family
Court, law enforcement officers, the medical community, educators, day-care providers, and others on child protection issues;
(5) Review and make recommendations concerning the well-being of Delaware's abused, neglected and dependent children including,
but not limited to, issues relating to foster care, adoption, mental health services, victim services, education, rehabilitation,
substance abuse and independent living; and
(6) Provide the following reports to the Governor:
a. An annual summary of the Commission's work and recommendations, including work of the Office of the Child Advocate, with
copies thereof sent to the General Assembly; and
b. A quarterly written report of the Commission's activities and findings, in the form of minutes, made available also to
the General Assembly and the public.
71 Del. Laws, c. 199, § 6; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 116, §§ 1-3, 5[4]; 76 Del. Laws, c. 97; 77 Del. Laws, c. 327, § 210(a); 77 Del. Laws, c. 383, §§ 1-3.;
§ 913. Child under treatment by spiritual means not neglected.
No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices
of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be
considered a neglected child for the purposes of this chapter.
16 Del. C. 1953, § 1006; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1.;
§ 914. Penalty for violation.
(a) Whoever violates § 903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation,
and not to exceed $50,000 for any subsequent violation.
(b) In any action brought under this section, if the court finds a violation, the court may award costs and attorneys' fees.
16 Del. C. 1953, § 1008; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 77 Del. Laws, c. 121, § 1; 77 Del. Laws, c. 320, § 6.;
