Chapter 3

§ 301 Definitions. As used in this chapter: (1) “Abuse” or “abused child” is as defined in § 901 of Title 10. (2) “Child” means a person who has not yet attained the child’s eighteenth birthday. (3) “Delinquent child” means a child who commits an act which if committed by an adult would constitute a crime. (4) “Dependency” or “dependent child” is as defined in § 901 of Title 10. (5) “Maternal death” means the death of a person during pregnancy or within a year from the end of pregnancy. “Maternal death” includes pregnancy-related death and pregnancy-associated death. (6) “Near death” means a child in serious or critical condition as a result of child abuse or neglect as certified by a physician. (7) “Neglect” or “neglected child” is as defined in § 901 of Title 10. (8) “Truancy” or “truant” shall refer to a pupil enrolled in grades kindergarten through 12 inclusive who has been absent from school without a valid excuse, as defined in the rules and regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14, or in the case of a pupil enrolled in a charter school, by the board of directors of the charter school, for more than 3 days or the equivalent thereof during a given school year. 41 Del. Laws, c. 98, §  1 ; 31 Del. C. 1953, §  301; 56 Del. Laws, c. 317, §§  3, 4 ; 58 Del. Laws, c. 64, §  1 ; 60 Del. Laws, c. 449, §  6 ; 61 Del. Laws, c. 334, §  5 ; 63 Del. Laws, c. 290, §  9 ; 64 Del. Laws, c. 108, §  4 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 175, §  14 ; 74 Del. Laws, c. 376, §  1 ; 76 Del. Laws, c. 136, §§  21-23 ; 76 Del. Laws, c. 373, §  1 ; 83 Del. Laws, c. 364, § 1 ; § 302 Intent and purpose of chapter. The intent and purpose of this chapter are to: (1) Provide humane and scientific treatment, care and highest attainable degree of individual development for the dependent wards of this State; (2) Provide for the delinquent such wise conditions of modern education and training as will restore the largest possible portion of such delinquents to useful citizenship; (3) Promote the study of the causes of dependency and delinquency and of mental and physical disabilities, with a view to cure and ultimate prevention; and (4) Secure, by uniform and systematic management, the highest attainable degree of economy in the administration of the state institutions under supervision of the Division of Child Protective Services consistent with the objects in view. Code 1915, §  1005B; 30 Del. Laws, c. 64 ; Code 1935, §  1124; 31 Del. C. 1953, §  302; 58 Del. Laws, c. 64, §  1 ; 64 Del. Laws, c. 108, §  4 ; 78 Del. Laws, c. 179, §  323 ; § 303 General powers and duties of Division in respect to children. In order that the State may more effectively exercise the duty and obligation which it owes to minor children, who for any cause are in need of care and protection, the Division of Child Protective Services may: (1) Search out through investigation, complaints from citizens, or otherwise, the minor children in the State who are in need of its care and protection and shall as far as possible, through existing agencies, public or private, its own welfare workers or through such other resources, aid such children to a fair opportunity in life; (2) Make surveys and in other ways ascertain the facts and conditions which cause or contribute to the need for state care and protection of children and the extent of such need; (3) Present the facts so ascertained to the people through conventions, conferences and addresses to the end that a statewide program may be effected for the elimination and suppression of the causes which bring the necessity for such care; (4) Establish and maintain homes or other agencies for the care of dependent or neglected minor children or contract with any approved agency or home for the care of such children, receive and care for dependent or neglected children committed to its care and, if possible, to arrange for a thorough physical and mental examination of every such child, investigate in detail the personal and family history of a child and its environment, place such children in family homes or in approved suitable institutions and supervise such children however placed; and (5) Solicit, obtain and hold gifts, devises and bequests of money, real estate and other things of value to be used in support of the development and carrying on of child welfare work. 38 Del. Laws, c. 54, §§  1, 2 ; Code 1935, §  1130; 31 Del. C. 1953, §  303; 58 Del. Laws, c. 64, §  1 ; 64 Del. Laws, c. 108, §  4 ; § 304 Dependent or neglected children deemed wards of State; duty of Division [Repealed]. Repealed by 77 Del. Laws, c. 43, § 11, effective June 16, 2009. § 305 Use of other child welfare agencies. The Division of Child Protective Services may utilize services of other child welfare agencies and allocate and turn over unto such agencies, operating within this State and rendering child welfare services, any portion of funds appropriated for the purposes of this chapter and as may from time to time be deemed necessary, proper and expedient for the supervision, care, custody, board and placement of dependent and neglected children. If in the judgment of the Division such payments are necessary, proper and expedient for the care of the child, these allocations and payments may be continued to the said agency for children who were dependent or neglected, but who have been legally adopted. 41 Del. Laws, c. 98, §  3 ; 31 Del. C. 1953, §  305; 58 Del. Laws, c. 64, §§  1, 3 ; 64 Del. Laws, c. 108, §  4 ; § 306 Binding minors prohibited. No court, organization, institution, individual or corporation may bind any minor to any organization, institution, individual or corporation in any manner whatsoever. Nothing contained in this section shall in any manner interfere with the power and authority of any court to commit any minor to the custody and care of any organization, institution, individual or corporation. Code 1852, §  1501; Code 1915, §  3101; 32 Del. Laws, c. 185 ; Code 1935, §  3591; 31 Del. C. 1953, §  306; § 307 Bringing or sending nonresident children into State regulated; penalty. (a) No person or corporation of this State or any child placement agency or association operating within this State or any bureau, board or commission of this State or any person, institution, agency, association, corporation, bureau, board or commission without this State shall bring or send into this State or in any way assist in the bringing or sending into this State of any dependent child who is a resident of another state, United States territory or country for the purpose of placing or procuring placement of such child in any way free, wage or boarding home or for adoption without the written consent of the Department of Services for Children, Youth and Their Families having first been obtained, and such person, agency, institution, association, corporation, board or commission shall abide by all rules laid down by the Department of Services for Children, Youth and Their Families. (b) Whoever violates subsection (a) of this section shall be fined not more than $100; and Whoever continues to so violate for a period of 10 days after notification from the Department of Services for Children, Youth and Their Families shall be guilty of a new, separate and distinct offense and shall be fined for each offense not less than $100 nor more than $1,000. Code 1915, §§  1005E, 1005G; 32 Del. Laws, c. 50 ; 38 Del. Laws, c. 64, §§  2, 5 ; Code 1935, §§  1126, 1129; 41 Del. Laws, c. 97, §  1 ; 31 Del. C. 1953, §  307; 50 Del. Laws, c. 187, §  1 ; 58 Del. Laws, c. 64, §  1 ; 64 Del. Laws, c. 108, §  4 ; 68 Del. Laws, c. 380, §  1 ; 70 Del. Laws, c. 223, §  1 ; § 308 Vaccinations. Every person who is unable to pay for vaccination and every child whose parents or guardians are unable to pay for the same, not residing in the City of Wilmington, may be vaccinated by any physician or physicians who may be designated for that purpose by the Division of Child Protective Services. For each person or child so vaccinated, the physician or physicians shall be paid by the Division of Child Protective Services the sum of 50 cents. Every such physician shall give a certificate of vaccination to the person or child so applying. 17 Del. Laws, c. 68, §  4 ; Code 1915, §  768; 37 Del. Laws, c. 189, §  15 ; Code 1935, §  774; 31 Del. C. 1953, §  308; 58 Del. Laws, c. 64, §  1 ; 64 Del. Laws, c. 108, §  4 ; § 309 Background checks for child-serving entities and other organizations. (a) A background check for employees or volunteers of child-serving entities and members of school boards shall consist of a fingerprinted Delaware and national background check completed by the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI) as well as a Child Protection Registry check completed by the Department of Services for Children, Youth and Their Families (DSCYF). (b) Definitions. — For purposes of this section: (1) “Administrator of educator preparation program” means the individual identified by the higher education institution as being responsible for overseeing the placement of candidates into student teaching placements in a Delaware public school. (2) “Adult who is impaired” shall have the meaning as defined in § 3902 of this title. (3) “Child Protection Registry” as used in this section, shall have the meaning as defined in § 921 of Title 16. (4) “Child-serving entity” means: a. The DSCYF, which includes any employee or volunteer of DSCYF or 1 of its contractors who have regular direct access to children or adolescents under the age of 18, but who do not provide child-care services at a facility under paragraph (b)(4)b. of this section. b. Residential child-care facilities in Delaware which are under contract with or operated directly by DSCYF. c. Public schools and the Department of Education. d. Child-care facilities required to be licensed under Chapter 30A of Title 14. The requirements of this section are in addition to, and not a substitute for, any other requirements relating to child-care facilities that exist in federal or state law. e. Youth camps or summer schools that are exempt from child-care licensing requirements. f. Facilities and individuals registered and eligible for Federal Child Care Development Block Grant funds through the Delaware Department of Health and Social Services. g. Early intervention service providers as defined under § 3103A of Title 14. (5) “Contractor” means a person, not an employee, providing services or seeking a contract to provide services within a child-serving entity and any of the following apply to the person: a. Has regular direct access to children. b. Provides services directly to a child or children. (6) “Conviction” or “convicted” shall have the same meaning as defined in § 902 of Title 16. (7) “Direct access” means the opportunity to have personal, unsupervised contact with persons receiving care or education during the course of one’s assigned duties. (8) “Elderly person” shall have the meaning as defined in § 222 of Title 11. (9) “Employee” means any person seeking employment for compensation with a child-serving entity, or any person who for any reason has regular direct access to children at a child-serving entity. This definition shall also include applicants wishing to become adoptive, foster, or respite parents and their adult household members and any person seeking a student teaching placement in a public school. (10) “Felony convictions involving physical or sexual assault crimes” shall include: §§ 604-607, 612-613, 626, 629-636, 645, 651, 768-780, 782-783A, 785, 787, 802, 803,1100A-1102, 1103A-1103D, 1105, 1108-1112B of Title 11, felony convictions of § 1103E of Title 11, felony convictions of § 1136 of Title 16, and felony convictions of § 3913(c) of Title 31. (11) “Higher education institution” means a Delaware college or university that has a teacher preparation program that places candidates into student teaching placements in a Delaware public school. (12) “Member of a school board” means a candidate, prospective, or current member of the State Board of Education, or the board of a public school district, vocational-technical school district, or charter school. (13) “Misdemeanor convictions against children” shall include: §§ 601-603, 611, 621, 625-628A,763, 764, 765, 766, 767, 781, 785, 1102, 1103, 1106, 1107 of Title 11, misdemeanor convictions of § 1103E of Title 11, and misdemeanor convictions of § 1136 of Title 16. (14) “Public school” means any public school and includes any board of education, school district, reorganized school district, special school district, charter school or charter school board and any person acting as an agent thereof. (15) “Student teacher” means an individual participating in a student teaching placement. (16) “Student teaching placement” means a structured, supervised classroom teaching, internship, clinical or field experience in a teacher education program in which the student teacher practices the skills being learned in the teacher education program and gradually assumes increased responsibility for instruction, classroom management, and other related duties for a class of students in a local school district or charter school. These skills are practiced under the direct supervision of the certified teacher who has official responsibility for the class. Successful completion of a student teaching placement may be used to meet the requirements for an initial license set forth in § 1210 of Title 14. (17) “Volunteer” means a person providing volunteer services within a child-serving entity and who has regular direct access to children. (18) “Youth camp” means a child-serving entity having custody or control of 1 or more school-age children, unattended by parent or guardian, for the purpose of providing a program of recreational, athletic, educational and/or religious instruction or guidance and operates for up to 12 weeks for 3 or more hours per day, during the months of May through September or some portion thereof, or during holiday breaks in the course of a school year and is operated in a space or at a location other than a space or location subject to licensing under Chapter 30A of Title 14. (c) All child-serving entities are required to obtain criminal and Child Protection Registry checks for prospective employees, volunteers, and contractors. Members of school boards must obtain criminal and Child Protection Registry checks under § 209 or § 511 of Title 14. (1) The SBI shall furnish information pertaining to the identification and criminal history record of prospective employees, volunteers, and contractors of child-serving entities, and members of school boards, except as otherwise allowed or required, provided that the prospective board member, employee, volunteer, or contractor submits to a reasonable procedure established by standards set forth by the Superintendent of State Police to identify the person whose record is sought. This procedure must include the fingerprinting of the individual subject to a criminal background check and the provision of such other information as may be necessary to obtain a report of the individual’s entire criminal history record from SBI and a report of the individual’s entire federal criminal history record under the FBI appropriation of Title II of Public Law 92-544. Notwithstanding any provision to the contrary, the information to be furnished by SBI shall include child sex abuser information. The Division of State Police shall be the intermediary for purposes of this section. (2) Any person who is required to request a Child Protection Registry check under this section shall obtain a statement signed by the prospective board member, employee, volunteer, or contractor wherein the individual authorizes a full release for the person to obtain the information provided as a result of a check. The DSCYF will process a Child Protection Registry check of the individual upon receipt of the signed statement which shall be attached to the request from the person for the Child Protection Registry check. (3), (4) [Repealed.] (5) Costs associated with obtaining criminal history information and Child Protection Registry information are borne by the applicant, except as follows: a. Public schools may use funds other than state funds to pay for criminal background check costs and may enter into consortia of school districts to pay such costs for persons covered by this section who work in more than 1 school district during the course of a year. b. A candidate for election to a school board may use campaign funds to pay for background check costs under § 1075 of Title 14. c. The Department of Education and DSCYF may pay for background check costs for prospective or current employees. d. The State shall bear the costs of background checks for applicants to child-care facilities required to be licensed under Chapter 30A of Title 14. (6) All employees, volunteers, and contractors shall inform their employer of any criminal conviction or entry on the Child Protection Registry which would lead to a prohibition under subsection (d) of this section. (7) Child-serving entities may conditionally hire an employee or volunteer or place a child, pending the determination of suitability for employment. If the information obtained from the background checks indicates that the individual is prohibited from employment pursuant to subsection (d) of this section, the person may not continue in employment and is subject to termination. (8) Any persons or organization whose primary concern is that of child welfare and care, which is not otherwise required to do so under the provisions of this section may voluntarily submit to the provisions of this subchapter at such person’s or organization’s expense pursuant to procedures established by the Superintendent of State Police. (9) The Superintendent of State Police may promulgate regulations governing the circumstances under which a background check may be re-used upon written authorization of the individual upon whom a background check was conducted. The regulations permitting re-use must be limited in scope and address the relationship between the original purpose for which the background check was requested, the agency or agencies requesting re-use, the type of license, position of employment, or benefit upon which re-use is predicated and the application process. (d) Prohibitions. — (1) The following criminal convictions or entries on the Child Protection Registry shall prohibit an individual from being an employee, volunteer, or contractor for a child-serving entity for the amount of time indicated: a. Felony convictions involving physical or sexual assault crimes against a child, an adult who is impaired, or elderly person. Such convictions shall require a lifetime prohibition. b. Felony convictions involving physical or sexual assault crimes against another adult. Such prohibition shall last for 10 years following the date of conviction. c. Any other convictions for a violent felony as defined in § 4201(c) of Title 11 not already included within the convictions subject to a lifetime or 10 year prohibition under paragraphs (d)(1)a. and b. of this section shall prohibit the individual for 7 years following the date of conviction, unless the felony is included within the crimes that can lead to entry on the Child Protection Registry pursuant to § 923 of Title 16, in which case the length of time for the prohibition shall be as provided in the Child Protection Registry regulations. d. Misdemeanor convictions against children. Such prohibitions shall last for 7 years following the date of conviction, unless the misdemeanor is included within the crimes that can lead to entry on the Child Protection Registry pursuant to § 923 of Title 16, in which case the length of time for the prohibition shall be as provided for in the Child Protection Registry regulations. (2) If an individual has more than 1 prohibition, the higher level prohibition shall apply. (3) For any other criminal conviction that does not prohibit employment according to paragraph (d)(1) of this section, the child-serving entity may set forth job-related prohibitions for employees, contractors, and volunteers considering number and types of offenses, their recency, the individual’s criminal record since the offenses, and the responsibilities of the position which the individual has obtained or is seeking to obtain, provided that such prohibitions are not otherwise prohibited by law. (4) The child-serving entity may prohibit employment for longer than that set out in paragraph (d)(1) of this section for those crimes that are prohibited and are job-related. The prohibition must not be shorter than the time proscribed in paragraph (d)(1) of this section, provided such time restrictions are not otherwise prohibited by law. (e) Upon completion of the criminal background and Child Protection Registry checks: (1) Where the child-serving entity is a public school, a contractor with a school district or the Department of Education, or an employee of a contractor who is an early intervention service provider: a. 1. The SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information to the individual and the employer or prospective employer. 2. The school, school district, Department of Education, or employing contractor shall determine whether the individual is prohibited from being employed by or contracting with the school, school district, or contractor under subsection (d) of this section. If the individual is not prohibited from employment by subsection (d) of this section but the individual has a criminal conviction or is on the Child Protection Registry, the school or district shall make a determination regarding suitability for employment or contracting using the factors in paragraph (d)(3) of this section. 3. Information obtained under this subsection is confidential and may only be disclosed to any of the following, as applicable: A. The chief school officer. B. The head of school. C. The employing contractor. D. The chief personnel officer of the school or school district. E. One person in each school or school district who is designated to assist in the processing of criminal background checks, receive training in confidentiality, and is required to sign an agreement to keep such information confidential. F. The Secretary of Education, or the Secretary’s designee. b. Upon making its determination of suitability, the public school, contractor, or Department of Education shall forward the determination to the person seeking employment or a contract. If a determination is made to deny the person employment or a contract with a school or the Department of Education based on the criminal history of the person, the person shall have an opportunity to appeal to the chief school officer, head of school, Secretary of Education, or designee for reconsideration. c. In the case of a student teacher: 1. The SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information to the individual and to the Higher Education Institution identified by the individual, through the Administrator of Educator Preparation Program. The Higher Education Institution shall determine whether the individual is prohibited from being employed pursuant to subsection (d) of this section and shall send a copy of the complete criminal background check and Child Protection Registry check information to the district superintendent or charter school director of the Delaware school district or charter school considering the person as a candidate for a student teaching position. If the individual is not prohibited from employment by subsection (d) of this section but the individual has a criminal conviction or is or has been on the Child Protection Registry, the school or district shall make a determination regarding suitability for employment using the factors in paragraph (d)(3) of this section. Information obtained under this subsection is confidential and may only be disclosed to the chief school officer or head of school and the chief personnel officer of the school, and 1 person in each school who shall be designated to assist in the processing of criminal background checks, receive training in confidentiality and be required to sign an agreement to keep such information confidential. 2. Upon making its determination of suitability, the public school shall forward the determination to the administrator of educator preparation program of the designated higher education institution. d. [Repealed.] (2) Where the child-serving entity is DSCYF, a residential child-care facility under contract to or operated directly by DSCYF, or where the individual is applying to become an adoptive, foster or respite parent, SBI shall provide the criminal background information to DSCYF and DSCYF shall perform the Child Protection Registry check. DSCYF shall determine whether or not the individual is prohibited based on the results of the criminal background and Child Protection Registry checks. DSCYF may, by regulation, set forth criteria for unsuitability for its employees, contractors, volunteers, residential child-care employees, individuals applying to become an adoptive, foster or respite parent. These criteria shall relate to criminal history information and other information in addition to that set forth above. Such criteria and information shall be reasonably related to the prevention of child abuse. Upon making its determination, the DSCYF shall forward the determination to the applicant and the employer. Any adverse judgment affecting the applicant may be reviewed subject to regulations promulgated by DSCYF. The State Bureau of Identification may release all subsequent criminal history to DSCYF. (3) Where the child-serving entity is a child-care provider, facility receiving Federal Child Care Development Block Grant funds, or a Youth Camp, SBI shall provide the criminal background information to DSCYF, and DSCYF shall perform the Child Protection Registry check. DSCYF shall determine whether or not the individual is prohibited by subsection (d) of this section based on the results of the criminal background and Child Protection Registry checks. If the applicant has a criminal conviction or is on the Child Protection Registry but is not prohibited from employment pursuant to paragraph (d)(1) of this section, DSCYF will assess the background check information and make a determination of suitability based upon factors set forth by DSCYF regulation consistent with paragraph (d)(3) of this section. If an applicant is determined unsuitable by DSCYF, the employer shall be informed. The employer shall make the final determination of whether or not to employ the individual. Notwithstanding the above, if the employer is a family child-care provider, DSCYF shall make the final decision based on the criteria established by regulations. If an applicant is determined unsuitable by DSCYF, the applicant and employer shall be informed. Any adverse judgment affecting the applicant shall be reviewed subject to regulations promulgated by the DSCYF. SBI may release all subsequent criminal history to DSCYF. (4) [Repealed.] (5) a. When the background checks are for a member of a school board, the SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information pertaining to members and prospective members within 15 days of a request under subsection (c) of this section as follows: 1. To the Governor, for an individual seeking appointment to or serving on the State Board of Education or a vocational-technical school district. 2. To the Commissioner of Elections, for an individual seeking to be a candidate for election to a school board or seeking to be appointed to fill a vacancy on a school board until the next school board election. 3. To the superintendent of a school district, for an individual serving as a member of the school district board. 4. To the board of a charter school, for an individual seeking to serve or serving on the charter school board. b. Information provided under paragraph (e)(5)a. of this section is confidential and is not a public record under Chapter 100 of Title 29. (6) The SBI and DELJIS shall provide all subsequent Delaware criminal history of any current employee or contractor subject to a background check under this section to the entity designated to receive the original criminal history information under paragraphs (e)(1) through (5) of this section. If the “Rap Back System” as defined by § 8502 of Title 11 is available to SBI, SBI shall provide all subsequent criminal history record information available through the Rap Back System for a current employee or contractor subject to a background check under this section to the entity designated to receive the original criminal history information under paragraphs (e)(1) through (5) of this section. (f) The DSCYF shall, in the manner provided by law, promulgate regulations necessary to implement this section. (g) The Department of Education shall, in the manner provided by law, promulgate regulations necessary to implement this section. These regulations shall include all of the following: (1) Establishment, in conjunction with SBI, of a procedure for fingerprinting persons seeking employment with a public school or as an early intervention service provider and providing the reports and certificate obtained under subsection (c) of this section. (2) Establishment of a procedure to provide confidentiality of information obtained under subsection (c) of this section. (3) Establishment of a procedure for determining other job-related prohibitions for employees, volunteers, and contractors, under paragraph (d)(3) of this section. 67 Del. Laws, c. 409, §  1 ; 79 Del. Laws, c. 290, §  202 ; 80 Del. Laws, c. 154, §  1 ; 80 Del. Laws, c. 211, §§ 1, 2 ; 81 Del. Laws, c. 433, § 1 ; 82 Del. Laws, c. 184, §§   2, 3 ; 83 Del. Laws, c. 187, § 7 ; 83 Del. Laws, c. 213, § 8 ; 84 Del. Laws, c. 126, § 14 ; 84 Del. Laws, c. 205, § 1 ; 85 Del. Laws, c. 185, § 2 ; 85 Del. Laws, c. 197, § 1 ; § 310 Breast-feeding. Notwithstanding any provisions of law to the contrary, a mother shall be entitled to breast-feed her child in any location of a place of public accommodation wherein the mother is otherwise permitted. 71 Del. Laws, c. 10, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 311 Penalties regarding background checks for child-serving entities and personal information disclosure [For application of this section, see 85 Del. Laws, c. 186, § 8]. (a) Any child-serving entity which fails to comply with the requirements of § 309 of this title, shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of Title 11. The Court of Common Pleas shall have exclusive jurisdiction for any offense under this subsection. Notwithstanding any provision of the law to the contrary, if the misdemeanor offense may be joined properly with a felony, such offense shall be within the jurisdiction of the Superior Court. (b) Any child-serving entity which fails to comply with the requirements of § 309 of this title shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. (c) Any person seeking employment with a child-serving entity or any person seeking a license or permit under Chapter 12 of Title 14 who knowingly provides false, incomplete or inaccurate criminal history information, Child Protection Registry information, or child sex abuser information or who otherwise knowingly violates § 309 of this title shall be guilty of a class G felony and shall be punished according to Chapter 42 of Title 11. The Superior Court shall have exclusive jurisdiction for any offense under this subsection. (d) The failure of an individual to disclose any relevant criminal history or Child Protection Registry information shall be grounds for immediate termination or for removal of a placement. (e) Sanctions shall be promulgated via DSCYF regulation for employees, volunteers, or contractors who fail to inform their employer of any criminal conviction or entrance on the Child Protection Registry and for employers who wilfully hire or retain individuals in violation of this section or in violation of the regulations promulgated hereunder. 80 Del. Laws, c. 154, §  1 ; 85 Del. Laws, c. 186, § 6 ; § 312 Background checks for private schools. (a) A background check is required for all employees, contractors, and volunteers of private schools. The prohibitions set forth in § 309(d) of this title apply to employees, contractors, and volunteers of private schools. (b) For purposes of this section: (1) “Background check” means a fingerprint-based Delaware and national background check completed by the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI) as well as a Child Protection Registry check completed by the Department of Services for Children, Youth and Their Families (DSCYF). (2) “Child Protection Registry” means as defined in § 309 of this title. (3) “Contractor” means a person, not an employee, providing services or seeking a contract to provide services within a private school who has regular direct access to children or provides services directly to a child or children. (4) “Direct access” means as defined in § 309 of this title. (5) “Employee” means any individual employed or seeking employment for compensation with a private school and includes student teachers or any employee of the school or an employee of a related or parent organization of the private school who for any reason has regular direct access to children in a private school. (6) “Private school” means a school having any or all of grades kindergarten through 12, operating under a board of trustees, which is not a “public school” as that term is defined in § 309 of this title. “Private school” includes a summer school operated by a private school and a youth camp directly operated by a private school. (7) “Volunteer” means an individual providing volunteer services within a private school who has regular direct access to children. (8) “Youth camp” means as defined in § 309 of this title. (c) (1) SBI shall furnish information pertaining to the identification and criminal history record of prospective employees, volunteers, and contractors of private schools, except as otherwise allowed or required, provided that the prospective employee, volunteer, or contractor submits to a reasonable procedure established by standards set forth by the Superintendent of State Police to identify the person whose record is sought. This procedure must include the fingerprinting of the individual subject to a criminal background check and the provision of such other information as may be necessary to obtain a report of the individual’s entire criminal history record from SBI and a report of the individual’s entire federal criminal history record under the authorization of the Adam Walsh Child Protection and Safety Act [34 U.S.C. § 20901 et seq.] or any other applicable federal law. Notwithstanding any provision to the contrary, the information to be furnished by SBI shall include child sex abuser information. The Division of State Police shall be the intermediary for purposes of this section. (2) A private school must obtain a statement signed by a prospective employee, contractor, or volunteer that authorizes a full release to the private school to obtain information provided as a result of the Child Protection Registry check. The DSCYF will process a Child Protection Registry check of the individual upon receipt of the signed statement, which must be attached to the request from the private school for the Child Protection Registry check. (d) (1) Upon completion of a criminal background and Child Protection Registry check the SBI shall provide the criminal history background check and DSCYF shall provide the Child Protection Registry check information to the head of the private school or the head of school’s designee. The private school shall determine whether the individual is prohibited from employment, contractual services, or volunteering at the private school according to the prohibitions set forth in § 309(d) of this title. (2) Criminal history and Child Protection Registry check information is confidential and may only be disclosed to the private school’s head of school or the head of school’s designee. 85 Del. Laws, c. 197, § 2 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 320 Declaration of legislative intent; definitions. (a) The General Assembly hereby declares that the health and safety of the children and pregnant and postpartum persons of the State will be safeguarded if deaths of children under the age of 18 and stillbirths occurring after at least 20 weeks of gestation and maternal death are reviewed, in order to provide its findings or recommendations to alleviate those practices or conditions which impact the mortality of children and pregnant and postpartum persons. (b) For the purposes of this subchapter: (1) “Commission” means the Maternal and Child Death Review Commission. (2) “Stillbirth” means as defined in § 3101 of Title 16. 70 Del. Laws, c. 256, §  1 ; 70 Del. Laws, c. 186, § 1 ; 73 Del. Laws, c. 331, §§  2, 3 ; 74 Del. Laws, c. 376, §  3 ; 75 Del. Laws, c. 269, §  1 ; 76 Del. Laws, c. 373, §  2 ; 80 Del. Laws, c. 187, §  17 ; 81 Del. Laws, c. 142, § 1 ; 83 Del. Laws, c. 364, § 2 ; § 321 Organization and composition. (a) The Maternal and Child Death Review Commission is hereby established. (b) The following are members of the Commission: The State Attorney General, the Secretary of the Department of Services to Children, Youth and Their Families, the person appointed as the Child Advocate pursuant to § 9003A of Title 29, the Secretary of Education, the Division of Forensic Sciences’ Chief Medical Examiner, the Director of the Division of Public Health, the Director of the Division of Medicaid and Medical Assistance, the Director of the Division of Substance Abuse and Mental Health, and the Superintendent of the Delaware State Police, or the designee of any of the preceding persons. Additionally, the following shall be appointed by the Governor as members of the Commission: (1) A representative of the Medical Society of Delaware specializing in each of pediatrics, neonatology, obstetrics, and perinatology. (2) A representative of the Delaware Nurses Association. (3) A licensed mental health professional. (4) A representative of the Police Chiefs’ Council of Delaware who is an active law-enforcement officer. (5) A representative of the New Castle County Police Department. (6) One maternal and 1 child advocate from statewide nonprofit organizations. (7) An individual who is a certified midwife or certified professional midwife. A Chairperson of each regional child death review panel, each maternal death panel, and each Fetal and Infant Mortality Review Case Review Team established pursuant to subsections (f) and (g) of this section shall also serve as members of the Commission. The term of members appointed by the Governor shall be 3 years and shall terminate upon the Governor’s appointment of a new member to the Commission. In making appointments to the Commission, the Governor shall consider representation on the panel of Black, Indigenous, and other persons of color in the membership. The members of the Commission, regional panels, Case Review Teams, and Community Action Teams shall serve without compensation. The Commission shall be staffed, and its staff shall include an Executive Director. The Executive Director shall be hired and supervised by the executive committee of the Commission. The General Assembly may annually appropriate such sums as it may deem necessary for the payment of the salary of the Executive Director and the staff, and for the payment of actual expenses incurred by the Commission. (c) The Commission shall, by affirmative vote of a majority of all members of the Commission, appoint a chairperson from its membership for a term of 1 year. The Commission shall meet at least semi-annually. (d) (1) Meetings of the Commission, regional panels, Case Review Teams, and Community Action Teams are closed to the public. (2) The Commission shall meet at least annually with the Child Protection Accountability Commission to jointly discuss any findings or recommendations released to the public from reviews conducted under § 932 of Title 16, and this meeting is open to the public. (3) The Commission shall meet at least annually with the Delaware Perinatal Quality Collaborative at 1 of its 2 public meetings to jointly discuss any findings and recommendations released to the public from reviews conducted under § 323 of this title and this meeting is open to the public. (e) The Commission shall by resolution passed by a majority of its members establish at least 1 but no more than 3 regional panels authorized to review child deaths. For good cause shown to the Commission, any panel may investigate and review any death or stillbirth entitled to review by the Commission. Members of the Commission shall appoint representatives to each regional panel such that the regional panel reflects the disciplines of the Commission. The members of such panel, together with any staff, contractors, or volunteers designated to assist the panel, are agents of the Commission under § 324 of this title. The Commission shall also appoint to each regional panel all of the following: (1) A representative from each of the 3 police departments that investigate the majority of child deaths in the region covered by the panel. (2) A citizen of the region interested in child death and stillbirth issues. (f) The Commission shall by resolution passed by a majority of its members establish Fetal and Infant Mortality Review Case Review Teams and Community Action Teams based on the National Fetal and Infant Mortality Review Program model. (g) Each regional panel and the Fetal and Infant Mortality Review Case Review Teams shall have the powers, duties, and authority of the Commission as delegated by the Commission. Each regional panel and Fetal and Infant Mortality Review Case Review Team shall, by affirmative vote of a majority of all members of that regional panel or team, appoint co-chairpersons from its membership for a term of 1 year. (h) The Commission shall by resolution passed by a majority of its members establish 1 regional panel authorized to review maternal deaths. The panel shall include a citizen interested in maternal mortality issues. 70 Del. Laws, c. 256, §  1 ; 72 Del. Laws, c. 327, §  1 ; 73 Del. Laws, c. 65, §  43 ; 73 Del. Laws, c. 331, §§  4, 5 ; 74 Del. Laws, c. 376, §§  4-7, 14 ; 75 Del. Laws, c. 269, §§  2-6 ; 76 Del. Laws, c. 373, §§  3, 4 ; 80 Del. Laws, c. 187, §  18 ; 81 Del. Laws, c. 142, § 2 ; 83 Del. Laws, c. 364, § 2 ; § 322 Voting. Except as expressly provided in this subchapter, an affirmative vote of 60% of all members of the Commission, any regional panel, Case Review Team or Community Action Team is required to adopt any findings or recommendations of the Commission or such regional panel or team. 70 Del. Laws, c. 256, §  1 ; 75 Del. Laws, c. 269, §  7 ; 81 Del. Laws, c. 142, § 3 ; 83 Del. Laws, c. 364, § 2 ; § 323 Powers and duties. (a) The Commission shall have the power to investigate and review the facts and circumstances of all deaths of children under the age of 18 solely for the purposes provided in § 320 of this title, except deaths of abused or neglected children which are within the jurisdiction of the Child Protection Accountability Commission under subchapter III, Chapter 9 of Title 16, all stillbirths, and all maternal deaths which occur in Delaware. The Commission may review deaths of abused or neglected children, for good cause shown, as determined by the agreement of the Commission and the Child Protection Accountability Commission. The Commission may delegate tasks to its committees, workgroups, and panels as necessary to accomplish its duties. The Commission shall delay the review of deaths involving criminal investigations until the completion of the prosecution. For purposes of this subsection, “completion of the prosecution” means the decision to file no information or seek no indictment, conviction or adjudication, acquittal, dismissal of an information or indictment by a court, the conditional dismissal under a program established by Delaware law or court program, or the nolle prosequi of an information or indictment by the Attorney General. (b) (1) The Commission shall make its findings or recommendations to the Governor and the General Assembly, at least annually, regarding those practices or conditions which impact the mortality of children and pregnant and postpartum persons. (2) The Commission shall publicly post its findings and recommendations and invite and accept written public comment. The Commission shall hold a statewide meeting to present findings and recommendations and accept public comment. (3) All summary information, findings, or recommendations shall include aggregated data by race and ethnicity and include recommendations on how to prevent maternal and infant death and how to reduce racial disparities. (4) All summary information, findings, or recommendations released by the Commission under this subsection must comply with applicable state and federal confidentiality provisions, including those enumerated in §§ 324 of this title and 9017(e) of Title 29. Notwithstanding any provision of this subchapter to the contrary, a summary information, finding, or recommendation released by the Commission under this subsection may not specifically identify any individual or any nongovernmental agency, organization, or entity. (c) The Commission shall conduct child death reviews according to procedures promulgated by the Commission. The Commission shall conduct maternal death reviews which utilize a public health model and shall include information gathered through a clinical review and summary of medical and other subpoenaed records. The Commission may amend such procedures upon an affirmative vote of ¾ of all members of the Commission. (d) The Commission is a “public health authority” and a “health oversight agency,” and shall be recognized as such in the performance of its functions. (e) The Commission shall conduct fetal and infant mortality reviews and facilitate the implementation of recommendations based on the National Fetal and Infant Mortality Review Program model. Utilizing a public health model, the reviews must include information gathered through a clinical review and summary of medical and all other subpoenaed records, and maternal interviews. The Commission may amend such procedures upon an affirmative vote of ¾all members of the Commission. (f) (1) In connection with any review, the Commission, by and through its staff, a committee, or a panel, shall have the power and authority to do all of the following: a. Administer oaths. b. Issue subpoenas to compel the attendance of witnesses whose testimony is related to the death or stillbirth under review. c. Issue subpoenas to compel the production of records related to the death or stillbirth under review. (2) A subpoena issued under paragraphs (d)(1)a. through c. of this section may be enforced or challenged only in the Family Court. (3) All proceedings before the Family Court and all records of such proceedings conducted under paragraph (d)(2) of this section are private. (4) In a proceeding under paragraph (d)(2) of this section, the Family Court may impose reasonable restrictions, conditions, or limitations on the access to proceedings and records of proceedings to preserve the confidentiality set forth in § 324 of this title. (g), (h) [Repealed.] (i) The Commission shall coordinate with the Child Protection Accountability Commission to receive statistics and other necessary information from the Child Protection Accountability Commission related to the Child Protection Accountability Commission’s investigation and review of deaths of abused or neglected children. (j) The Commission shall adopt rules or regulations for the administration of its duties or this chapter, as it deems necessary. 70 Del. Laws, c. 256, §  1 ; 70 Del. Laws, c. 186, § 1 ; 73 Del. Laws, c. 331, §§  6, 7 ; 73 Del. Laws, c. 386, §§  1, 2, 6 ; 74 Del. Laws, c. 376, §§  8-11 ; 75 Del. Laws, c. 269, §§  8-10 ; 76 Del. Laws, c. 373, §§  5-10 ; 78 Del. Laws, c. 137, §  14 ; 80 Del. Laws, c. 187, §  19 ; 81 Del. Laws, c. 142, § 4 ; 83 Del. Laws, c. 364, § 2 ; § 324 Confidentiality of records and immunity from suit. (a) The records of the Commission and of all committees, regional panels, Fetal and Infant Mortality Review Case Review Teams, and Community Action Teams, contractors, and volunteers, including original documents and documents produced in the review process with regard to the facts and circumstances of each death or stillbirth, are confidential and may not be released to any person except as expressly provided in subchapter II of this chapter. Such records must be used by the Commission, committees, and any regional panel or team, and its staff, contractors, and volunteers, only in the exercise of the proper function of the Commission, regional panel, or team and are not public records. Such records, together with the summary information, findings, and recommendations therefrom are not available for court subpoena or subject to discovery, are not admissible into evidence or otherwise in any civil, criminal, administrative, or judicial proceeding, and are not considered binding under claim or issue preclusion doctrines. Except where constitutional provisions require otherwise, statements, records, or information are not subject to any statute or rule that would require those statements to be disclosed in the course of a civil, criminal, or administrative trial, or associated discovery. Aggregate statistical data compiled by the Commission, regional panels, or teams, however, may be released at the discretion of the Commission or regional panels. (b) Members of the Commission, regional panels, Case Review Teams, and Community Action Teams, and their agents or employees, including committee members, contractors, and volunteers are not subject to, and are immune from, claims, suits, liability, damages, or any other recourse, civil or criminal, arising from or relating to any act, omission, proceeding, decision, determination, finding, or recommendation made in the performance of their duties under § 323 of this title, provided such persons acted in good faith and without malice in carrying out their responsibilities, authority, duties, powers, and privileges of the offices conferred by this law upon them or by any other provisions of the Delaware law, federal law, or regulations, or duly adopted rules and regulations of the Commission or its regional panels or teams. Complainants bear the burden of proving malice or a lack of good faith to defeat the immunity provided by this subsection. (c) A person in attendance at a meeting of the Commission, or any of its committees, regional panels, Case Review Teams, or Community Action Teams may not be required to testify as to what transpired at such meeting in any forum including any civil, criminal, administrative, or judicial proceeding. An organization, institution, or person furnishing information, data, reports, or records to the Commission or any regional panel or team with respect to any subject examined or treated by such organization, institution, or person, by reason of furnishing such information, is not liable in damages to any person or subject to any other recourse, civil or criminal. 70 Del. Laws, c. 256, §  1 ; 73 Del. Laws, c. 386, §§  3, 4 ; 74 Del. Laws, c. 376, §  12 ; 75 Del. Laws, c. 269, §§  11-13 ; 80 Del. Laws, c. 187, §  20 ; 81 Del. Laws, c. 142, § 5 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 341 Short title [Repealed]. 73 Del. Laws, c. 165, §  1 ; repealed by 82 Del. Laws, c. 184, § 2, effective July 1, 2020. ; § 342 Definitions [Repealed]. Code 1915, §  1004A; 30 Del. Laws, c. 64 ; 38 Del. Laws, c. 63, §  3 ; Code 1935, §  1119; 31 Del. C. 1953, §  341; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 165, §  1 ; 73 Del. Laws, c. 279, §  1 ; 79 Del. Laws, c. 335, §  1 ; repealed by 82 Del. Laws, c. 184, § 2, effective July 1, 2020. ; § 343 Powers of the Office of Child Care Licensing with respect to child care [Repealed]. Code 1915, §  1004A; 30 Del. Laws, c. 64 ; 38 Del. Laws, c. 63, §  3 ; Code 1935, §  1119; 44 Del. Laws, c. 78 ; 31 Del. C. 1953, §  342; 58 Del. Laws, c. 64, §  1 ; 64 Del. Laws, c. 108, §  4 ; 73 Del. Laws, c. 165, §  1 ; 81 Del. Laws, c. 369, § 1 ; repealed by 82 Del. Laws, c. 184, § 2, effective July 1, 2020. ; § 344 Child care licenses; investigation; requirements; notice; hearings and appeals [Repealed]. Code 1915, §  1004A; 30 Del. Laws, c. 64 ; 38 Del. Laws, c. 63, §  3 ; Code 1935, §  1119; 31 Del. C. 1953, §  343; 58 Del. Laws, c. 64, §  1 ; 64 Del. Laws, c. 108, §  4 ; 73 Del. Laws, c. 165, §  1 ; 79 Del. Laws, c. 335, §  2 ; repealed by 82 Del. Laws, c. 184, § 2, effective July 1, 2020. ; § 345 Penalties for violations [Repealed]. Code 1915, §  1004A; 30 Del. Laws, c. 64 ; 38 Del. Laws, c. 63, §  3 ; Code 1935, §  1119; 31 Del. C. 1953, §  344; 73 Del. Laws, c. 165, §  1 ; 80 Del. Laws, c. 125, §  1 ; repealed by 82 Del. Laws, c. 184, § 2, effective July 1, 2020. ; § 346 Provider Advisory Board; appointments; composition; terms; vacancies [Repealed]. 78 Del. Laws, c. 146, §  1 ; 70 Del. Laws, c. 186, §  1 ; 78 Del. Laws, c. 365, §  1 ; repealed by 82 Del. Laws, c. 184, § 2, effective July 1, 2020. ; § 347 Provider Advisory Board; powers and duties [Repealed]. 78 Del. Laws, c. 146, §  1 ; 82 Del. Laws, c. 177, § 1 ; repealed by 82 Del. Laws, c. 184, § 2, effective July 1, 2020. ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 351 DSCYF assessment required; exceptions [Repealed]. Code 1915, §  1005D; 32 Del. Laws, c. 50 ; 38 Del. Laws, c. 64, §  1 ; Code 1935, §  1125; 31 Del. C. 1953, §  351; 58 Del. Laws, c. 64, §  1 ; 64 Del. Laws, c. 108, §  4 ; 70 Del. Laws, c. 186, §  1 ; 72 Del. Laws, c. 77, §  2 ; 79 Del. Laws, c. 206, §  3 ; 83 Del. Laws, c. 280, § 9 ; repealed by 84 Del. Laws, c. 128, § 20, effective Jan. 27, 2024. ; § 352 Regulation of placement system and of homes where children are placed. The Division of Child Protective Services may examine the circumstances and system relating to the placement of any dependent child in any home and may inspect and investigate the particular home to which such dependent child is to be or has been assigned, and, whenever satisfied that a child has been placed by any person, institution, agency, association, corporation or organization in an improper home, it may order its transfer to a proper one or its removal from the State, and, if the order is not obeyed within 30 days, it shall itself take charge of the child, returning it to the person, agency, institution, association, corporation or organization responsible or otherwise providing for it. Any such person, agency, institution, association, corporation or organization failing to remove such child after such notice shall at once pay the State such sum as the State may have expended in the care, maintenance or transportation of such child. Code 1915, §  1005F; 32 Del. Laws, c. 50 ; 38 Del. Laws, c. 64, §  3 ; Code 1935, §  1127; 31 Del. C. 1953, §  352; 58 Del. Laws, c. 64, §  1 ; 64 Del. Laws, c. 108, §  4 ; § 353 Duty of placement agencies to comply with Division’s rules. Any person, agency, institution, association, corporation or organization placing any child, under this subchapter, shall abide by all rules made by the Division of Child Protective Services pertaining to the rejection, importation, placement, supervision, education, health, removal and general welfare of all such children. Code 1915, §  1005G; 32 Del. Laws, c. 50 ; 38 Del. Laws, c. 64, §  4 ; Code 1935, §  1128; 31 Del. C. 1953, §  353; 58 Del. Laws, c. 64, §  1 ; 64 Del. Laws, c. 108, §  4 ; § 354 Power of placement agencies to remove dependent children; penalty for refusal to comply. (a) All agencies or organizations, engaged in the placement of dependent children within this State, may remove any child so placed when, in the judgment of such agency, the welfare and best interests of the child require such action, whether such right was received or not at the time the child was placed. (b) Whenever any person with whom a dependent child has been placed refuses to give up such child on the demand of the representative of such agency, the agency, through its duly recognized representative, may give written notice to such person to deliver the child to the nearest railroad station or some other equally convenient place at a day and hour to be fixed in the notice, not less than 1 nor more than 3 days after the date of the notice. Whoever wilf