Title 29 — State Government

§ 9003D. General powers and duties. The Secretary of the Department of Human Resources shall have the following powers, duties and functions: (1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functio…

§ 9003E. Inspector General; establishment. (a) The Office of Inspector General is established as an independent and nonpartisan agency to investigate the management and operation of state agencies to determine whether there has been fraud, waste, mismanagement, corruption, or any…

§ 9004. Secretary; Division Directors; Acting Secretary; Deputy Secretary. (a) The administrator and head of the Department is the Secretary of the Department of Services for Children, Youth and Their Families (“Secretary”), who must be a person qualified by training and experien…

§ 9004A. Appropriation for expenses. The General Assembly may annually appropriate such sums as it may deem necessary for the payment of the salary of the Child Advocate, the assistants, and the staff, and for the payment of actual expenses incurred by the Office of Child Advocat…

§ 9004D. Exemptions. The following positions set forth in this section shall be exempt from Chapter 59 of this title: (1) Secretary of the Department of Human Resources. (2) Deputy Secretary. (3) Director of Talent Management. (4) Chief Diversity Officer. (5) A Director of Employ…

§ 9004E. Inspector General; term, compensation. (a) (1) The Inspector General shall serve a term of 5 years and is eligible for reappointment. (2) a. At least 6 months before the end of a term, the Inspector General shall provide notice to the Secretary of State stating whether o…

§ 9005. Powers, duties and functions of Secretary. The Secretary shall: (1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees; (2) Appoint and determine the salary, with the written …

§ 9005A. Duties of the Child Advocate. The Child Advocate shall perform the following duties: (1) Take all possible actions, including programs of public education and legislative advocacy, to secure and ensure the legal, civil, and special rights of the children. (2) Review peri…

§ 9005D. Division of Talent Management. (a) The Division of Talent Management of the Department of Human Resources is hereby established, having the powers, duties and functions as follows. Consistent with the right of public employees to organize under Chapter 13 of Title 19, th…

§ 9005E. Powers and duties. (a) The Inspector General shall do all of the following: (1) Investigate the management and operation of state agencies to determine if there has been fraud, waste, mismanagement, corruption, or any other abuse of governmental resources that harms the …

§ 9006. Major organizational units created. The following Divisions and other major organizational units are hereby created within the Department of Services for Children, Youth and Their Families: (1) The Division of Family Services which shall be responsible for the provision o…

§ 9006A. Confidentiality. (a) All records of the Office pertaining to the care and treatment of a child are confidential, including the identity of any person seeking assistance from the Office on behalf of a child. Information contained in those records may not be disclosed, exc…

§ 9006D. Division of Diversity, Equity and Inclusion. (a) The Division of Diversity, Equity and Inclusion of the Department of Human Resources is hereby established having powers, duties and functions as follows: (1) The Division shall assume all responsibilities and oversight pr…

§ 9006E. Investigative procedures. (a) (1) The Inspector General may initiate an investigation or may act on receipt of a complaint. Complaints may be made by any individual or entity. (2) The Inspector General may not investigate complaints from employees that relate to their em…

§ 9007. Exemptions from merit system. All of the following positions are exempt from Chapter 59 of this title: (1) Secretary of the Department of Services for Children, Youth and Their Families. (2) Deputy Secretary of the Department of Services for Children, Youth and Their Fami…

§ 9007A. Legal representation of children. (a) Purpose. — (1) The General Assembly has recognized the need to safeguard the welfare of abused, neglected and dependent children in this State. As such, it has charged the Office of the Child Advocate with ensuring legal representati…

§ 9007D. Division of Employee and Labor Relations. (a) The Division of Employee and Labor Relations of the Department of Human Resources is hereby established having powers, duties and functions as follows. The Director of the Division of Employee and Labor Relations shall have t…

§ 9007E. Access to state agencies and records. (a) The Inspector General must have reasonable access to a state agency’s records as necessary to conduct a full investigation of a complaint, including all of the following: (1) Access to records in possession of a grantee or contra…

§ 9008. Advisory Council for Children, Youth and Their Families [Repealed].64 Del. Laws, c. 108, § 14; 65 Del. Laws, c. 168, § 1; 67 Del. Laws, c. 398, § 1; 70 Del. Laws, c. 140, §§ 1, 2; 70 Del. Laws, c. 186, § 1; repealed by 78 Del. Laws, c. 229, § 1, eff. Apr. 19, 2012.;

§ 9008A. Indemnification from liability. No attorney, director, investigator, social worker or other person employed or contracted by or volunteering for the Office of Child Advocate shall be subject to suit directly, derivatively or by way of contribution or indemnification for …

§ 9008D. Division of Statewide Benefits and Insurance Coverage. (a) The Division of Statewide Benefits and Insurance Coverage of the Department of Human Resources is hereby established having powers, duties and functions as follows: (1) With the exception of deferred compensation…

§ 9008E. Confidentiality. (a) All investigative records, including communications that include the investigative record, are confidential and are exempt from public disclosure under the Freedom of Information Act, Chapter 100 of this title. (b) (1) The Inspector General shall tre…

§ 9009. Assumption of powers. As of the effective date of this chapter, the Department shall have the power to perform and shall be responsible for the performance of all powers, duties and functions relating to the provision of child protective services, child mental health serv…

§ 9009A. Extended jurisdiction — Child abuse, dependency and neglect. Notwithstanding any provision in this chapter to the contrary, the Office of the Child Advocate is authorized to provide representation under this chapter to youth for whom jurisdiction has been extended under …

§ 9009D. Office of Women’s Advancement and Advocacy. (a) The Office of Women’s Advancement and Advocacy is hereby established as a unit of the Department of Human Resources with the purpose of promoting the equality and equity of women in all areas of society. For administrative …

§ 9009E. Report. (a) No later than March 1, the Inspector General shall produce an annual report, published on the Inspector General’s website, and submitted to the Governor, Attorney General, and members of the General Assembly, with copies to the Director and the Librarian of t…

§ 9010. Existing rights of appeal preserved. Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division, subdivision or office thereof shall continue to e…

§ 9010A. Court Appointed Special Advocate Program. The Court Appointed Special Advocate Program shall provide legal representation to children through the Office of the Child Advocate, and shall be administered as follows: (1) The Program shall include volunteers who have demonst…

§ 9010D. Division of Classification/Compensation and Talent Acquisition. (a) The Division of Classification/Compensation and Talent Acquisition of the Department of Human Resources is hereby established having powers, duties and functions as follows: (1) Responsible for the manag…

§ 9010E. Inspector General; selection panel; confirmation. (a) (1) The Secretary of State shall convene the selection panel as follows: a. At least 90 days before the Inspector General’s current term is expiring. b. As soon as practicable when the position of Inspector General be…

§ 9011. Transfer of functions to Department. (a) All property, including all books, records, papers, maps, charts, plans, equipment and other materials owned by or in the possession of any agency of the State and used in connection with a function transferred by this chapter to t…

§ 9011A. Driver education, driver’s license, and motor vehicle insurance for an individual who is in or has experienced foster care in Delaware. (a) The General Assembly finds that the costs of driver education, obtaining a driver’s license, and motor vehicle insurance for an ind…

§ 9011D. Division of Training and Human Resource Solutions. (a) The Division of Training and Human Resource Solutions of the Department of Human Resources is hereby established having powers, duties, and functions as follows: (1) To assume the central leadership role for the Exec…

§ 9012. Transfer of appropriated funds. Notwithstanding any other provision of state law, any sums appropriated to any division, commission, department, council, agency or person affected by this chapter and any funds appropriated for the provision of child protective services, c…

§ 9012D. Counsel; powers and duties. Notwithstanding § 2507 of this title, the Department shall employ 1 counsel experienced in the field of labor and employment law, who may advise the Department on matters of labor and employment law and who shall assist the Department in devel…

§ 9013. Annual report. The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may request or as may be required by law.64 Del. Laws, c. 1…

§ 9013D. Functions prior to July 1, 2017. The Department of Human Resources, through appropriate divisions, subdivisions and offices, shall have the power to perform and responsibility to perform all the powers, duties and functions that were vested in the Human Resource Manageme…

§ 9014. Misnomer of Department in donation. Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department…

§ 9014D. Appeals. Any and all rights of appeal now existing by law, with respect to any act or acts constituting the exercise of any function or functions transferred by this chapter to the Department of Human Resources or to any division or subdivision or office thereof, shall c…

§ 9015. Budgeting and financing. (a) The Secretary, in cooperation with the Department directors and office administrators, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Depa…

§ 9015D. Transfers and continuity. (a) All books, records, papers, maps, charts, plans and other material including any equipment in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department of Human Resources s…

§ 9016. Appointment of special investigators; powers and duties. (a) The Secretary may appoint qualified persons to be special investigators for the Department. Such investigators shall hold office at the pleasure of the Secretary. Any person appointed pursuant to this section sh…

§ 9016D. Misnomer in donation. Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department of Human Resources or any predecessor agency thereof if it sufficiently appears by the will, conveyance or other writing that the party making the same inten…

§ 9017. Confidential information. (a) In the course of performing its functions as enumerated in this chapter, the Department shall be entitled to inspect and copy all records regarding any children in the care, supervision, protection or custody of the Department and their paren…

§ 9017D. Supremacy. All other laws or parts of laws now in effect inconsistent with this chapter are repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.84 Del. Laws, c. 89, § 1, effective June 30, 2023;

§ 9018. Supremacy of chapter. All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.64 Del. Laws, c. 108, § 14; 67 Del. Law…

§ 9019. Liability for maintenance of children in care of Department; collection remedies. (a) Any person liable for the support of a child under any law of this State shall be liable for the care, maintenance and support furnished to a child committed or admitted to any service p…

§ 9020. Drug testing required. (a) The Department is authorized and required to conduct drug testing as set forth in this section of any employee or prospective employee accepting a safety, security-sensitive, or child care position, as determined by policy and regulations adopte…

§ 9301. Definitions. As used in this chapter: (1) The term “agency” means any department, agency or instrumentality of the State or of a political subdivision of the State, any department, agency or instrumentality of 2 or more states, or 2 or more political subdivisions of the S…

§ 9302. Moving and related expenses. (a) Whenever the acquisition of real property for a program or project undertaken by an agency will result in the displacement of any person on or after May 27, 1972, the agency shall make a payment to any displaced person upon proper applicat…