Delaware-2015-HB268-Draft

Section 1. Amend Chapter 9, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

Subchapter I. Reports and Investigations of Abuse, ~~and~~ Neglect, and Substance Exposed Infants

§901. Purpose.

The child welfare policy of this State shall serve 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 victims, whether victims of intra-familial or extra-familial abuse and neglect. To that end this chapter, among other things:

(1) Provides for comprehensive and protective services for abused and neglected children and substance exposed infants;

(2) Mandates that reports of child abuse, or neglect, and substance exposed infants be made to the appropriate authorities; ~~and~~

(3) Requires various agencies in Delaware's child protection system to work together to ensure the safety of children who are the subject of reports of abuse or neglect by conducting coordinated investigations, judicial proceedings and family assessments, and by providing necessary ~~services.~~ services; and

(4) Requires various agencies in Delaware's child protection system to work together to ensure the safety of substance exposed infants, while preserving the family whenever the safety of the substance exposed infant is not jeopardized, and in doing so, develop a plan of safe care for those cases that are accepted by the Division for investigation or family assessment.

This chapter also provides for the protection of children in facilities or organizations primarily concerned with child welfare and care that are required to be licensed under Delaware law by requiring the Delaware Department of Justice to notify any such facility where an employee of, or other person associated with, the facility has been charged with or convicted of an offense involving child sexual abuse.

§902. Definitions.

As used in this chapter:

(10) "Family assessment and services" shall mean a case management approach by the Division of Family Services that provides for a prompt assessment of a child and the child's family and the circumstances of the reported incident (including the known history of the child and/or the alleged perpetrator) when there has been a report to the Division that the child was a victim of abuse or neglect, or at risk of maltreatment by a person responsible for that child's care, custody or control. Family assessment and services shall be used in conjunction with the investigation approach defined in paragraph ~~(13)~~ (14) of this section but may not supplant it in circumstances which require an investigation. The family assessment response shall focus on the integrity and preservation of the family and shall assess the status of the child and the family in terms of the risk of abuse and neglect and, if necessary, plan and provide for the provision of community-based services to reduce the risk and to otherwise support the family.

(12) "Health care provider" is as defined in §714 of this title.

~~(13)~~ (14) "Investigation" shall mean the collection of evidence in response to a report of abuse, neglect, or risk of maltreatment by a person responsible for that child's care, custody or control in order to determine if a child has been abused, neglected, or is at risk of maltreatment. The Division shall develop protocols for its investigations that focus on ensuring the well-being and safety of the child. The Division may conduct an investigation in response to any report of abuse, neglect, or risk of maltreatment but shall conduct an investigation as enumerated under §~~906(e)(3)~~ 906(f)(3) of this title.

(16) "Medically fragile child" shall mean a child who is at increased risk for physical, developmental, behavioral or emotional conditions that require health and related services of a type or amount beyond that required by a child generally, and the child's family is unable or unwilling to provide or ensure necessary care.

(21) "Plan of safe care" or "plan" shall mean a plan for coordinated family services to ensure the safety of the child developed, implemented and monitored by the Division or its contract agency with assistance from the health care providers and various agencies involved with the care of the parent and child. The plan shall be in writing and shared with all health care providers and involved agencies. If the plan is for a substance exposed infant, the plan shall be shared prior to the child's discharge from the hospital. If the Division implements a safety plan for the child, the safety plan shall be incorporated into the plan of safe care and shared with all involved agencies.

(26) "Substance exposed infant" shall mean a child not more than 4 weeks of age, born in this State, who is born with and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a Fetal Alcohol Spectrum Disorder.

§903. Reports required.

(a) Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report in accordance with §904 of this title. For purposes of this section, "person" shall include, but shall not be limited to, any physician, any other person in the healing arts including any person licensed to render services in medicine, osteopathy or dentistry, any intern, resident, nurse, school employee, social worker, psychologist, medical examiner, hospital, health care institution, the Medical Society of Delaware or law-enforcement agency. In addition to and not in lieu of reporting to the Division of Family Services, any such person may also give oral or written notification of said knowledge or suspicion to any police officer who is in the presence of such person for the purpose of rendering assistance to the child in question or investigating the cause of the child's injuries or condition.

(b) A health care provider involved in the delivery or care of a substance exposed infant shall notify the Division in accordance with §904 of this title.

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

Any report of child abuse, or neglect, or substance exposed infant required to be made under this chapter shall be made by contacting the ~~Child Abuse and Neglect Report Line for the~~ Department of Services for Children, Youth and Their Families report line. An immediate oral report shall be made by telephone or otherwise. Reports and the contents thereof including a written report, if requested, shall be made in accordance with the rules and regulations of the Division, or in accordance with the rules and regulations adopted by the Division. No individual with knowledge of child abuse or neglect or knowledge that leads to a good faith suspicion of child abuse or neglect shall rely on another individual who has less direct knowledge to call the aforementioned report line.

§905. Telephone reports, Child Protection Registry and information.

(a) The Division 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, and substance exposed infants as defined in ~~§901 of Title 10~~ this chapter.

(b) The Division shall maintain a Child Protection Registry and an internal information system as defined by §902 of this title. Reports unsubstantiated shall be kept in the internal information system by the Division.

(c) Every report of child abuse, or neglect, or substance exposed infant made to the Division shall be entered in the Division's internal information system and each such report involving the death of, serious physical injury to, or allegations of sexual abuse of a child shall also be entered in the Department's multi-disciplinary tracking system.

(d) Although reports of abuse or neglect may be made anonymously, the Division shall in all cases, after obtaining relevant information regarding alleged abuse or neglect, request the name and address of any person making a report.Reports of substance exposed infants shall not be made anonymously.

(e) Upon receipt of a report, the Division shall immediately communicate such report to its appropriate Division staff, after a check has been made with the internal information system to determine whether previous reports have been made regarding actual or suspected abuse or neglect of the subject child, or any reports regarding any siblings, family members or the alleged perpetrator, including any previous reports of a substance exposed infant born to the mother of the subject child, and such information as may be contained from such previous reports. Such relevant information as may be contained in the internal information system shall also be forwarded to the appropriate Division staff.

(f) Upon receipt of a report of child abuse, or neglect, or substance exposed infant,the Division shall immediately notify the Investigation Coordinator of the report, in sufficient detail to permit the Investigation Coordinator to undertake the Investigation Coordinator's duties, as specified in §906 of this title.

§906. State response to reports of abuse, or neglect, or substance exposed infants.

(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 ~~and/or~~ or family assessments in response to reports of child abuse, or neglect, or substance exposed infants. The system shall endeavor to coordinate community resources and provide assistance or services to children and families identified to be at risk, and to prevent and remedy child abuse and neglect.

(b) It is the policy of this State that the investigation and disposition of cases involving child abuse or neglect shall be conducted in a comprehensive, integrated, multi-disciplinary manner that:

(1) Provides civil and criminal protections to the child and the community;

(2) Encourages the use of collaborative decision-making and case management to reduce the number of times a child is interviewed and examined to minimize further trauma to the child; and

(3) Provides safety and treatment for a child and his or her family by coordinating a therapeutic services system.

(c) It is the policy of this State that the investigation or family assessment of cases involving substance exposed infants shall be conducted in a coordinated, service integrated manner that:

(1) Ensures the safety of the substance exposed infant while preserving the family whenever the safety of the substance exposed infant is not jeopardized; and

(2) Develops a plan of safe care for cases involving substance exposed infants that are accepted by the Division for investigation or family assessment.

~~(c)(1)~~ (d)(1) In implementing the Investigation Coordinator's role in the child protection system, the Investigation Coordinator, or the Investigation Coordinator's designee, shall:

a. Have the authority to track within the Department's internal information system each reported case of alleged child abuse, or neglect, or substance exposed infant;

~~(e)~~(f) In implementing the Division's role in the child protection system, the Division shall:

(7) The Division shall have authority to secure a medical examination of a child, without the consent of those responsible for the care, custody and control of the child, if the child has been reported to be a victim of abuse or neglect; provided, that such case is classified as an investigation pursuant to paragraph ~~(e)(3)~~ (f)(3) of this section and the Director or the Director's designee gives prior authorization for such examination upon finding that such examination is necessary to protect the health and safety of the child;

(10) Commence an immediate investigation if at any time during the family assessment and services approach the Division determines that an investigation as delineated in paragraph ~~(e)(3)~~ (f)(3) of this section is required or is otherwise appropriate. The Division staff who have conducted the assessment may remain involved in the provision of services to the child and family;

(22) Develop a plan of safe care for cases accepted for investigation or family assessment involving a substance exposed infant or medically fragile child.

Section 2.Amend Section 929, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§929. Removal of name from the Child Protection Registry [Effective until Apr. 7, 2016]

(e) Removal from the Child Protection Registry means only that the person's name has been removed from the Registry and may no longer be reported to employers pursuant to Chapter 85 of Title 11. Notwithstanding removal from the Registry, the person's name and other case information remains in the Division's internal information system as substantiated for all other purposes, including, but not limited to, the Division's use of the information for historical, treatment and investigative purposes, child care licensing decisions, foster and adoptive parent decisions, reporting pursuant to §309 of Title 31, reporting to law enforcement authorities, or any other purpose set forth in §~~906(e)~~ 906(f) of this title.

§929 Removal of name from the Child Protection Registry [Effective Apr. 7, 2016]

(e) Removal from the Child Protection Registry means only that the person's name has been removed from the Registry and may no longer be reported to employers pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. Notwithstanding removal from the Registry, the person's name and other case information remains in the Division's internal information system as substantiated for all other purposes, including, but not limited to, the Division's use of the information for historical, treatment and investigative purposes, child-care licensing decisions, foster and adoptive parent decisions, reporting to law-enforcement authorities, or any other purpose set forth in §~~906(e)~~ 906(f) of this title.

Section 3. This Act shall take effect 180 days after its enactment into law.

Section 4. This Act shall be known and may be cited as "Aiden's Law".

SPONSOR:	Rep. M. Smith & Rep. Briggs King & Sen. Blevins & Sen. Cloutier
	Reps. Bentz, Bolden, Heffernan, Lynn, Osienski, Wilson; Sens. Henry, Lopez, Marshall, Peterson, Poore, Townsend