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Delaware Statutes, Title 16

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Delaware/Statutes

← All Delaware coverage

Title 16, Health and Safety

148 chapters · 1,804 sections in this title.

All chapters in Title 161,804 Ch 47, UNIFORM CONTROLLED SUBSTANCES ACT89 Ch 11, Long-Term Care Facilities and Services79 Ch 30f, ANIMAL WELFARE65 Ch 1, DEPARTMENT OF HEALTH AND SOCIAL SERVICES63 Ch 51, THE DEPARTMENT OF HEALTH AND SOCIAL …57 Ch 66, FIRE PREVENTION46 Ch 31, REGISTRATION OF BIRTHS, DEATHS, MARR…41 Ch 56, Behavioral Health [For application o…36 Ch 79, Basic Plumbing Principles35 Ch 9, ABUSE OF CHILDREN32 Ch 27, ANATOMICAL GIFTS AND STUDIES32 Ch 25, Uniform Health-Care Decisions Act30 Ch 99, DELAWARE HEALTH CARE COMMISSION30 Ch 10, HOSPITALS28

32 sections·Filtered byTitle 16✕Ch 9✕

16 Del. C. § 901. Purpose.
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§ 901. Purpose. The child welfare policy of this State serves to advance the best interests and secure the safety of the child, while preserving the family unit whenever the safety of the child is not jeopardized. The child welfare policy of this State extends to all child victim…
16 Del. C. § 902. Definitions.
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§ 902. Definitions. As used in this chapter: (1) “Abuse” or “abused child” means as defined in § 901 of Title 10. (2) “Animal cruelty” means engaging in “cruelty to animals” under § 1325 of Title 11. (3) “Baby” means a child not more than 14 days old, except that for a safe haven…
16 Del. C. § 902A. Registration; procedure; notice.
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§ 902A. Registration; procedure; notice. Repealed by 73 Del. Laws, c. 412, § 6, effective February 1, 2003.
16 Del. C. § 903. Reports required.
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§ 903. Reports required. (a) Any person, agency, organization or entity who knows or in good faith suspects child abuse, neglect, or human trafficking shall make a report to the Department in accordance with § 904 of this title. While a person may also notify law enforcement for …

16 Del. C. § 904. Nature and content of report; to whom made.

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§ 904. Nature and content of report; to whom made. (a) A report of known or suspected child abuse, neglect, or human trafficking must be made orally by immediately contacting the Department’s report line for the following circumstances: (1) Sexual abuse or suspected human traffic…

16 Del. C. § 905. Telephone reports, Child Protection Registry and information.

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§ 905. Telephone reports, Child Protection Registry and information. (a) The Department 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 of a child. (b) The De…

16 Del. C. § 906. State response to reports of abuse, neglect, or suspected human trafficking of a child.

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§ 906. State response to reports of abuse, neglect, or suspected human trafficking of a child. (a) The State’s child protection system shall seek to promote the safety of children and the integrity and preservation of their families by conducting investigations or family assessme…

16 Del. C. § 907. Temporary emergency protective custody.

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§ 907. Temporary emergency protective custody. (a) A police officer, nurse practitioner, 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 th…

16 Del. C. § 907A. Safe Arms for Babies.

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§ 907A. Safe Arms for Babies. (a) The General Assembly finds and declares all of the following: (1) The abandonment of a baby is an irresponsible act by a parent and places the baby at risk of injury or death from exposure, actions by other individuals, and harm from animals. (2)…

16 Del. C. § 908. Immunity from liability, and special reimbursement to safe havens for expenses related to certain babies.

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§ 908. Immunity from liability, and special reimbursement to safe havens for expenses related to certain babies. (a) Any person, including an agency, organization, or entity, participating in good faith in the making of a report or notifying police officers pursuant to this chapt…

16 Del. C. § 909. Privileged communication not recognized.

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§ 909. Privileged communication not recognized. (a) No legally recognized privilege, except that between attorney and client and that between priest and penitent in a sacramental confession, applies to situations involving known or suspected child abuse, neglect, exploitation, or…

16 Del. C. § 910. Court orders to compel.

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§ 910. Court orders to compel. (a) Whenever an investigation has been opened with the Department pursuant to § 906 of this title for potential abuse or neglect of a child, the Department shall have the authority to petition for an order from the Family Court: (1) To obtain access…

16 Del. C. § 911. Training and information.

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§ 911. Training and information. (a) The Department and the Child Protection Accountability Commission shall, on a continuing basis, undertake and maintain programs to inform all persons required to report abuse or neglect under § 903 of this title of the nature, problem and exte…

16 Del. C. § 912. Confidentiality; disclosure of records.

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§ 912. Confidentiality; disclosure of records. (a) To protect the privacy of the family and the child named in a report, the Department shall establish guidelines concerning the disclosure of information concerning abuse, neglect, or risk of maltreatment involving a child. The De…

16 Del. C. § 913. Child under treatment by spiritual means not neglected.

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§ 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 the…

16 Del. C. § 914. Penalty for violation.

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§ 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 vio…

16 Del. C. § 921. Child Protection Registry; purpose.

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§ 921. Child Protection Registry; purpose. The Department shall maintain a Child Protection Registry which contains information about persons who have been substantiated for abuse or neglect as provided in this subchapter or who were substantiated between August 1, 1994, and Febr…

16 Del. C. § 922. Entry on the Child Protection Registry.

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§ 922. Entry on the Child Protection Registry. The Child Protection Registry must indicate “substantiated for abuse” or “substantiated for neglect” and the Child Protection Level as designated in § 923 of this subchapter for any person who: (1) Based on the same incident of abuse…

16 Del. C. § 923. Child Protection Levels.

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§ 923. Child Protection Levels. (a) A person who has been substantiated for abuse or neglect pursuant to this subchapter must be entered on the Child Protection Registry. The Department shall develop regulations that assess the risk of future harm to children from acts of abuse o…

16 Del. C. § 924. Notice of Intent to Substantiate; process.

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§ 924. Notice of Intent to Substantiate; process. (a) In response to a report where abuse or neglect of a child is alleged, as required by § 906 of this title, the Department’s Division of Family Services shall conduct an investigation into the facts and circumstances of the alle…

16 Del. C. § 925. Petition for substantiation.

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§ 925. Petition for substantiation. (a) If a person responds to the Department and requests a hearing in the Family Court before being entered on the Registry, as provided in § 924 of this title, the Department shall, unless the automatic stay provisions of § 927 of this title ap…

16 Del. C. § 925A. Grounds for substantiation.

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§ 925A. Grounds for substantiation. (a) Unless otherwise provided in this subchapter, no person shall be placed on the registry unless the Court finds by a preponderance of the evidence after a hearing on the merits, or accepts the agreement of the parties, that: (1) The person c…

16 Del. C. § 926. Finding of abuse or neglect in child welfare proceeding; binding effect.

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§ 926. Finding of abuse or neglect in child welfare proceeding; binding effect. In every child welfare proceeding brought by the Department or in which the Department is a party and in which the Department has requested a finding of abuse or neglect and entry on the Registry, the…

16 Del. C. § 927. Automatic stay of substantiation proceedings.

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§ 927. Automatic stay of substantiation proceedings. (a) Proceedings under §§ 925 and 925A of this title, including the duty to file a Petition for Substantiation, are automatically stayed in any matter in which a criminal or delinquency proceeding involving the same incident of …

16 Del. C. § 928. Persons entered on the Registry between August 1, 1994, and February 1, 2003.

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§ 928. Persons entered on the Registry between August 1, 1994, and February 1, 2003. (a) The Department shall review each case substantiated for abuse or neglect that was placed on the Central Registry (also known as the Central Child Abuse Registry, the Child Abuse Registry and …

16 Del. C. § 929. Removal of name from the Child Protection Registry.

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§ 929. Removal of name from the Child Protection Registry. (a) A person who has been entered on the Child Protection Registry at Child Protection Level II or Level III will be automatically removed from the Registry under § 923 of this title, provided that the person has not been…

16 Del. C. § 931. The Child Protection Accountability Commission.

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§ 931. The Child Protection Accountability Commission. (a) The Delaware Child Protection Accountability Commission is hereby established. The Commission shall consist of 24 members with the at-large members and the Chair appointed by the Governor. Members of the Commission servin…

16 Del. C. § 932. Investigation and review of the death or near death of an abused or neglected child.

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§ 932. Investigation and review of the death or near death of an abused or neglected child. (a) The Attorney General, the Department of Services for Children, Youth and Their Families, and any other state or local agency with responsibility for investigating child deaths shall re…

16 Del. C. § 932A. Investigation and review of suspected child victims of human trafficking.

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§ 932A. Investigation and review of suspected child victims of human trafficking. (a) The Attorney General, the Department of Services for Children, Youth and Their Families, and any other state or local agency with responsibility for investigating child victims of human traffick…

16 Del. C. § 933. Power and authority of investigations and reviews.

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§ 933. Power and authority of investigations and reviews. (a) In connection with any investigation and review conducted under § 931(b)(7) and (b)(8) of this title, the Commission, by and through its committees, panels, staff, contractors, or volunteers, has power and authority to…

16 Del. C. § 934. Confidentiality of records related to investigations and reviews.

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§ 934. Confidentiality of records related to investigations and reviews. (a) The records of the Commission or the Commission’s committees, panels, staff, contractors, or volunteers, including original documents and documents produced in the investigation and review process with r…

16 Del. C. § 935. Immunity from suit related to investigations and reviews.

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§ 935. Immunity from suit related to investigations and reviews. (a) Members of the Commission and their agents or employees, including committee and panel members, contractors, and volunteers are not subject to, and are immune from, claims, suits, liability, damages, or any othe…