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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Ch 40, THE DELAWARE STATE HOUSING AUTHORITY42 Ch 41, DELAWARE STATE HOUSING CODE35 Ch 38, Child Placement Review Act [Repealed].24 Ch 43, Housing Authority24 Ch 47, The Delaware Neighborhood Conservati…19 Ch 23, Aid to Persons with Blindness18 Ch 21, Division for the Visually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

493 sections·Filtered byTitle 31✕

31 Del. C. § 101. Definitions.
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§ 101. Definitions. As used in this title: (1) “Board” or “Department” or “Department of Public Welfare” or “Board of Welfare” means the Department of Health and Social Services. (2) “Secretary” or “Director” means Secretary of the Department of Health and Social Services.31 Del.…
31 Del. C. § 102. Federal aid and reports.
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§ 102. Federal aid and reports. The Department shall, in this connection, and in order to obtain federal aid, make such reports in such form and containing such information as the federal government may require and shall comply with such provisions as the federal government may f…
31 Del. C. § 103. Duty of Department to coordinate welfare and correctional programs; public reports required.
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§ 103. Duty of Department to coordinate welfare and correctional programs; public reports required. (a) The Department shall be responsible for the coordination of welfare and correctional programs in this State and, to this end, may call conferences of representatives of public …
31 Del. C. § 104. Secretary; powers and duties.
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§ 104. Secretary; powers and duties. The Secretary shall manage and supervise the operations of the Department and shall see that all functions are properly carried out in accordance with the policies, rules and regulations approved by the Board. The Secretary shall appoint all e…

31 Del. C. § 105. Political activities of officers and employees limited.

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§ 105. Political activities of officers and employees limited. No executive, official or employee of the Department shall participate in any form of political activity other than as may be appropriate to the exercise of the individual’s civil rights, duties and privileges or in a…

31 Del. C. § 106. Organization of Department.

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§ 106. Organization of Department. The Secretary shall organize the Department into such divisions or other units as will increase the effectiveness and efficiency with which its affairs are conducted. The organization shall provide for and the efforts of the Department shall be …

31 Del. C. § 107. Rules and regulations.

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§ 107. Rules and regulations. The Secretary shall promulgate rules and regulations for the interpretation of statutes or federal regulations governing programs of public assistance and other programs of the Department and such other rules or regulations as may be necessary for th…

31 Del. C. § 108. Merit system of personnel administration unaffected.

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§ 108. Merit system of personnel administration unaffected. Nothing in this chapter shall interfere with the continued operation of a merit system of personnel administration for positions placed under such system by agreement between state and federal authorities.48 Del. Laws, c…

31 Del. C. § 109. Annual report.

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§ 109. Annual report. The Department, annually, shall make a report that shall include: (1) A list of the officers and agents employed; (2) The conditions of institutions under its supervision; (3) A statement of the year’s work; and (4) Complete and comprehensive information rel…

31 Del. C. § 110. Burial or cremation expenses of an indigent person.

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§ 110. Burial or cremation expenses of an indigent person. An indigent person’s remains may be buried or cremated at public expense on the order of the Division of Social Services. Uniform standards for such burial or cremation shall be established by the Department of Health and…

31 Del. C. § 111. Financial participation.

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§ 111. Financial participation. (a) The State Treasurer shall establish in the State Treasury a State Public Welfare Fund which shall include all funds made available for the purposes of this chapter or of Chapter 5 of this title by the State, the several counties, the federal go…

31 Del. C. § 112. Federal financial participation.

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§ 112. Federal financial participation. The State Treasurer shall receive all money paid to the State by the Secretary of the Treasury of the United States on account of assistance, services and administration, provided under this chapter and under Chapter 5 of this title, and ma…

31 Del. C. § 113. County financial participation.

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§ 113. County financial participation. The State Treasurer shall receive all money paid to the State by the receiver of taxes and county treasurer of each of the 3 counties on account of assistance, services and administration provided under this chapter and under Chapter 5 of th…

31 Del. C. § 114. Recovery of public assistance overpayments.

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§ 114. Recovery of public assistance overpayments. (a) Any assistance paid to or in behalf of any person under Temporary Assistance for Needy Families, General Assistance, Food Benefits and Medicaid programs in excess of that to which the person is entitled under the program or p…

31 Del. C. § 115. Subpoena authority.

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§ 115. Subpoena authority. (a) In addition to the other powers of the Secretary of the Department of Health and Social Services, the Secretary or the Secretary’s designee shall, for purposes related to welfare fraud investigations and welfare overpayment investigations, have the …

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…