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Delaware Statutes, Title 31

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Delaware/Statutes

← All Delaware coverage

Title 31, Welfare

34 chapters · 493 sections in this title.

All chapters in Title 31493 Ch 3, CHILD WELFARE53 Ch 5, State Public Assistance Code43 Ch 45, Slum Clearance and Redevelopment Aut…43 Ch 40, THE DELAWARE STATE HOUSING AUTHORITY42 Ch 41, DELAWARE STATE HOUSING CODE35 Ch 38, Child Placement Review Act [Repealed].24 Ch 43, Housing Authority24 Ch 47, The Delaware Neighborhood Conservati…19 Ch 23, Aid to Persons with Blindness18 Ch 21, Division for the Visually Impaired17 Ch 1, Department of Health and Social Services15 Ch 36, Court-Appointed Special Advocate Pro…13 Ch 39, Adult Protective Services13 Ch 51, Services for Justice-Involved Youth13

53 sections·Filtered byTitle 31✕Ch 3✕

31 Del. C. § 301. Definitions.
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§ 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 adu…
31 Del. C. § 302. Intent and purpose of chapter.
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§ 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 condition…
31 Del. C. § 303. General powers and duties of Division in respect to children.
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§ 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:…
31 Del. C. § 304. Dependent or neglected children deemed wards of State; duty of Division [Repealed].
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§ 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 Dependent or neglected children deemed wards of State; duty of Division [Repealed]. Repealed by 77 Del.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.

31 Del. C. § 305. Use of other child welfare agencies.

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§ 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 appropr…

31 Del. C. § 306. Binding minors prohibited.

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§ 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…

31 Del. C. § 307. Bringing or sending nonresident children into State regulated; penalty.

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§ 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, …

31 Del. C. § 308. Vaccinations.

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§ 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…

31 Del. C. § 309. Background checks for child-serving entities and other organizations.

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§ 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 Bu…

31 Del. C. § 310. Breast-feeding.

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§ 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;

31 Del. C. § 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].

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§ 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 …

31 Del. C. § 312. Background checks for private schools.

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§ 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 pur…

31 Del. C. § 320. Declaration of legislative intent; definitions.

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§ 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 afte…

31 Del. C. § 321. Organization and composition.

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§ 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 perso…

31 Del. C. § 322. Voting.

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§ 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…

31 Del. C. § 323. Powers and duties.

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§ 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 w…

31 Del. C. § 324. Confidentiality of records and immunity from suit.

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§ 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 docum…

31 Del. C. § 341. Short title [Repealed].

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§ 341. Short title [Repealed].73 Del. Laws, c. 165, § 1; repealed by 82 Del. Laws, c. 184, § 2, effective July 1, 2020.;

31 Del. C. § 342. Definitions [Repealed].

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§ 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…

31 Del. C. § 343. Powers of the Office of Child Care Licensing with respect to child care [Repealed].

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§ 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…

31 Del. C. § 344. Child care licenses; investigation; requirements; notice; hearings and appeals [Repealed].

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§ 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…

31 Del. C. § 345. Penalties for violations [Repealed].

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§ 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.;

31 Del. C. § 346. Provider Advisory Board; appointments; composition; terms; vacancies [Repealed].

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§ 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.;

31 Del. C. § 347. Provider Advisory Board; powers and duties [Repealed].

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§ 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.;

31 Del. C. § 351. DSCYF assessment required; exceptions [Repealed].

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§ 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. …

31 Del. C. § 352. Regulation of placement system and of homes where children are placed.

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§ 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 whi…

31 Del. C. § 353. Duty of placement agencies to comply with Division’s rules.

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§ 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 reje…

31 Del. C. § 354. Power of placement agencies to remove dependent children; penalty for refusal to comply.

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§ 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 an…

31 Del. C. § 355. Penalties.

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§ 355. Penalties. Except as otherwise provided in this subchapter, whoever violates this subchapter shall be fined not more than $100 and whoever continues to disregard this subchapter for a period of 10 days after notification from the Department of Services for Children, Youth …

31 Del. C. § 356. Kinship Care Program.

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§ 356. Kinship Care Program. (a) The Department of Services for Children, Youth and Their Families (DSCYF) and the Department of Health and Social Services shall establish and operate the Kinship Care Program that promotes the placement of children with relatives when a child nee…

31 Del. C. § 361. Children’s Home, Inc.

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§ 361. Children’s Home, Inc. (a) The Children’s Home, Inc., a corporation of this State, may take under its guardianship all children who may be placed under its care and management in either of the following modes: (1) Children under 14 years of age who shall be voluntarily surr…

31 Del. C. § 362. The Elizabeth W. Murphey School, Inc.; admission.

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§ 362. The Elizabeth W. Murphey School, Inc.; admission. Either parent or, if there are no parents, the guardian or, if there is also no guardian, any relative or the Division of Family Services may place any poor and dependent child, resident in Kent County, between the ages of …

31 Del. C. § 363. The Elizabeth W. Murphey School, Inc. — Powers over children in custody of School; discharge and appeal.

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§ 363. The Elizabeth W. Murphey School, Inc. — Powers over children in custody of School; discharge and appeal. The Elizabeth W. Murphey School, Inc., in which any such child is placed and to which it is surrendered and delivered, shall have the exclusive custody and control and …

31 Del. C. § 364. The Elizabeth W. Murphey School, Inc. — Surrender of child; instrument as evidence.

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§ 364. The Elizabeth W. Murphey School, Inc. — Surrender of child; instrument as evidence. The surrender of any such child shall be by an instrument in writing, signed and sealed by the parties thereto and duly acknowledged, and the age of such child shall therein be stated as co…

31 Del. C. § 381. Interstate Compact on the Placement of Children; enactment [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

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§ 381. Interstate Compact on the Placement of Children; enactment [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. The Interstate Compact on the Placement of Children is enacted into law and entered into with…

31 Del. C. § 382. Financial responsibility; default in Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

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§ 382. Financial responsibility; default in Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. Financial responsibility for any child placed pursuant to this Compact shall be determined in accordance wi…

31 Del. C. § 383. Notices; Department of Services for Children, Youth and Their Families [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

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§ 383. Notices; Department of Services for Children, Youth and Their Families [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. The “appropriate public authorities” as used in Article III of this Compact shall…

31 Del. C. § 384. “Appropriate authority”; Department of Services for Children, Youth and Their Families [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

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§ 384. “Appropriate authority”; Department of Services for Children, Youth and Their Families [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. As used in paragraph (a) of Article V of this Compact, the phrase…

31 Del. C. § 385. Financial commitment; approval [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

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§ 385. Financial commitment; approval [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. The officers and agencies of this State and its subdivisions, having authority to place children, are empowered to enter …

31 Del. C. § 386. Other related statutes; provisions met if performed as contemplated by Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

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§ 386. Other related statutes; provisions met if performed as contemplated by Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. Any requirements for visitation, inspection or supervision of children, h…

31 Del. C. § 387. Out-of-state placement restrictions; not applicable if made pursuant to Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

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§ 387. Out-of-state placement restrictions; not applicable if made pursuant to Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. Section 307 of this title shall not apply to placements made pursuant to…

31 Del. C. § 388. Jurisdiction of court; placement pursuant to Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

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§ 388. Jurisdiction of court; placement pursuant to Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. Any court having jurisdiction to place delinquent children may place such a child in an institution…

31 Del. C. § 389. Governor; appointment of officer to coordinate activities of Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

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§ 389. Governor; appointment of officer to coordinate activities of Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. As used in Article VII of this Compact, the term “executive head” means the Governo…

31 Del. C. § 390. Definition.

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§ 390. Definition. As used in this subchapter: “Child day-care center” means a facility designed and prescribed to meet the daily physical, mental and social needs of children from infancy through 6 years, who would be eligible to be served, in a consistent, wholesome and efficie…

31 Del. C. § 391. Intent and purposes.

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§ 391. Intent and purposes. The intent and purposes of this subchapter are to: (1) Provide child day-care facilities available within this State so as to provide safe, adequate, economical care for children whose parents, guardians or custodians are employed or are seeking employ…

31 Del. C. § 392. General powers and duties of Division in respect to children in day-care centers.

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§ 392. General powers and duties of Division in respect to children in day-care centers. In order that the State may provide day-care facilities and services, the Division of Social Services shall: (1) Establish and operate day-care centers; (2) Charge such fees as it deems desir…

31 Del. C. § 393. Application for aid; requirements.

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§ 393. Application for aid; requirements. Application for aid under this subchapter shall be made to the office of the Division of Social Services. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the Division of Social Servi…

31 Del. C. § 393A. Automatic eligibility for child care assistance; children in foster care.

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§ 393A. Automatic eligibility for child care assistance; children in foster care. (a) For the purposes of this section: (1) “Department” means Department of Health and Social Services. (2) “DSCYF” means the Department of Services for Children, Youth and Their Families. (3) “Foste…

31 Del. C. § 394. Investigation of applications.

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§ 394. Investigation of applications. Whenever the Division of Social Services receives notification of an application for aid, an investigation shall be made by a member of the child care consultant staff of the Division of Social Services, and a record shall be made of the circ…

31 Del. C. § 395. Grant of aid; notification; payment.

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§ 395. Grant of aid; notification; payment. Upon the completion of the investigation, the Division of Social Services shall decide whether the organization is eligible for aid under the provisions of this subchapter and determine the amount of such aid and the date on which such …