DelawareHB 42153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 11, TITLE 16, AND TITLE 29 OF THE DELAWARE CODE RELATING TO HUMAN TRAFFICKING OF CHILDREN.

Sponsored By: Kimberly Williams (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 2 costs, 1 mixed.

Child trafficking reviews get deadlines and support

Responsible agencies must report suspected child trafficking cases to the Child Protection Accountability Commission through the Office of the Child Advocate. A review panel must start within 3 months after the report and finish within 12 months, unless good cause delays completion. For covered reviews, the commission and authorized participants can administer oaths and require witnesses and records through subpoenas. The commission can identify system-wide problems and strengths and guide teams handling these cases. The Office of the Child Advocate must provide staff support; hiring and contracts are limited to appropriated or other available funds. Approved findings or recommendations must reach the Governor, General Assembly, legislative services office, and public within 20 days of approval. The commission holds quarterly public meetings and gives quarterly updates and annual reports to Delaware’s Anti-Trafficking Action Council. It also meets every two years with the Maternal and Child Death Review Commission.

Child-serving organizations get serious offense notices

Delaware’s Department of Justice must notify organizations primarily serving children when an associated person faces certain charges or convictions. Covered offenses involve child sexual abuse, exploitation, or human trafficking. The rule covers employees and other associated people. It applies to facilities and organizations required to be licensed under Delaware law.

Stronger reporting of suspected child trafficking

Delaware’s child-protection reporting rules now cover suspected child trafficking. Agencies must coordinate investigations, family assessments, and needed services. Reports must be oral and immediate when the alleged offender has access to the child; otherwise, the online portal is also available. Reports enter the state’s information system, and an independent coordinator tracks serious cases from the start through final resolution. Reporters licensed through professional regulators or the Department of Education must give their name and address; others can remain anonymous. One person can submit a joint report. Child welfare must send allegations involving licensed or certified people to regulators within five days. The investigation coordinator must be notified within five business days and forward reports to regulators within five business days. Child welfare can also arrange medical exams without consent when legally authorized to protect a child’s health and safety.

Fewer guaranteed advocacy-center interviews for children

Children ages 3 through 12 must be interviewed at a children’s advocacy center unless there is good cause not to. The law removes the separate requirement covering every suspected child trafficking victim. Suspected trafficking alone no longer requires an interview at a center.

Limits on claims against child-review participants

Commission members and covered review participants are protected from claims over their official review work. Covered participants include panel members, agents, employees, contractors, and volunteers. Protection applies only when they act in good faith and without malice. A person bringing a claim must show malice or lack of good faith.

Child trafficking review records stay confidential

The Child Protection Accountability Commission’s covered child trafficking review records are confidential and are not public records. They cannot be obtained through court subpoenas or discovery, or used in civil, criminal, or administrative proceedings. Released findings and recommendations must follow confidentiality laws and cannot identify individuals or nongovernmental groups. Summary information can be released only after the prosecution ends, including through dismissal or acquittal.

Sponsors & Cosponsors

Sponsor

Kimberly Williams
Democratic • House

Cosponsors

Nnamdi O. Chukwuocha
Democratic • House
Daniel B. Short
Republican • House
Mara Gorman
Democratic • House
Krista Griffith
Democratic • House
Stephanie L. Hansen
Democratic • Senate
Gerald W. Hocker
Republican • Senate
Kyra L. Hoffner
Democratic • Senate
Larry Lambert
Democratic • House
Spiros Mantzavinos
Democratic • Senate
Nicole Poore
Democratic • Senate
Melanie Ross Levin
Democratic • House
David P. Sokola
Democratic • Senate
John "Jack" Walsh
Democratic • Senate
David L. Wilson
Republican • Senate
Lyndon D. Yearick
Republican • House

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

Senate vote • 6/30/2025

Passed (SM required)

Yes: 21 • No: 0

House vote • 6/12/2025