Bill Text: DE HB371 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Investigating The Abuse Of Children.
Spectrum: Moderate Partisan Bill (Democrat 14-2)
Status: (Enrolled - Dead) 2012-06-28 - HS 1 for HB 371 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT [HB371 Detail]
Download: Delaware-2011-HB371-Draft.html
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SPONSOR: |
Rep. M. Smith & Sen. Blevins |
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Reps. Bolden, Gilligan, Heffernan, Jaques, Kowalko, Schooley, B. Short, Walker, Willis, Wilson; Sens. Ennis, Henry, Sokola, Venables |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 371 |
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AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO INVESTIGATING THE ABUSE OF CHILDREN. |
Section 1.Amend §901, Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
It is the intent of the
General Assembly that the primary purpose of theThe child welfare
policy of this State shall be serve to ensure advance
the best interests and secure the safety of the child, including
while preserving the family unit whenever the safety of the child is not
jeopardized. To that end it is the purpose of this chapter to provide,
among other things, (i) provides for comprehensive, multi-disciplinary
investigative and protective services for abused and neglected children
by mandating, (ii) mandates that reports of such child
abuse or neglect be made to the appropriate authorities and by requiring the,
and (iii) requires various agencies in Delaware's child protection system
to seek and promote work together to ensure the safety of
children who are the subject of such reports of abuse or neglect by
conducting coordinated investigations or, judicial proceedings
and family assessments, and by providing necessary services.
It shall further be the
purpose of thisThis chapter to also provides
for the protection of all children in facilities or organizations
primarily concerned with child welfare and care that are required to be
licensed under Delaware law whose primary concern is that of child welfare
and care by requiring the Attorney General Delaware Department of
Justice to notify any such facility in cases where an employee of
such a facility, or any other person associated with,
such the facility has been charged with or convicted of an offense
involving child sexual abuse.
Section 2.Amend §902, Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
As used in this chapter, the following terms mean:
(1) "Abuse" or "abused child" is as defined in §901 of Title 10.
(2) "Baby" shall mean a child not more than 14 days old, except that for hospitals and their employees and volunteers, "baby" shall mean a child reasonably believed to be not more than 14 days old.
(3) "Child" shall mean any person who has not reached that person's own 18th birthday.
(4) "Children's advocacy center" shall mean a non-profit organization with full national accreditation by the National Children's Alliance charged with providing forensic interviews of abused and neglected children under this chapter in a manner which is neutral and fact-finding and promotes a multi-disciplinary response to child abuse and neglect. The primary purpose of the center is to avoid duplicative interviewing of children while also ensuring full participation of the multi-disciplinary response team in accordance with this chapter. The center shall also ensure that the multi-disciplinary response team coordinates specialized medical evaluations, specialized mental health services and victim support services, as appropriate.
(4)(5) "Child
Protection Registry" or "Registry" means a collection of
information as described in subchapter II of this chapter about persons who
have been substantiated for abuse or neglect as provided in subchapter II of
this chapter or who were substantiated between August 1, 1994, and February 1,
2003.
(5)(6) "Child
welfare proceeding" means any Family Court proceeding and subsequent
appeal therefrom involving custody, visitation, guardianship, termination of
parental rights, adoption or other related petitions that involve a dependent,
neglected or abused child or a child at risk of same as determined by the
Family Court.
(6)(7)
"Conviction" or "convicted" means entry of a plea of guilty
or nolo contendere, regardless of whether the plea was subsequently discharged
or dismissed under the first offenders domestic violence diversion program
pursuant to §1024 of Title 10, or under the first offenders controlled
substances diversion program pursuant to §4767 of this title, or of a Robinson
plea, or of a probation before judgment discharge without judgment of
conviction notwithstanding the provisions of §4218(f) of Title 11, or a
finding of guilt after trial, or a finding of not guilty after trial as a
result of the defense of mental disease or defect pursuant to Title 11, or
adjudication of delinquency for conduct which if committed by an adult, would
constitute a crime; or "conviction" or "convicted" under
similar proceedings of another state, territory or jurisdiction.
(8) "Department" shall mean the Department of Services for Children, Youth and Their Families.
(7)(9)
"Director" shall mean the Director of the Division of Family Services
of the Department of Services for Children, Youth and Their Families.
(8)(10)
"Division" shall mean the Division of Family Services of the
Department of Services for Children, Youth and Their Families.
(9)(11)
"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
(7) (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.
(10)(12)
"Good faith" shall be presumed in the absence of evidence of malice
or willful misconduct.
(11)(13)
"Internal information system" shall mean a system of maintaining
information related to all reports of abuse, neglect, investigations, family
assessments, services and other relevant information.
(12)(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(b)(3) of this title.
(15) "Investigation Coordinator" shall mean a Department employee, appointed by the Secretary, who is responsible for assessing and monitoring the multi-disciplinary investigation of every report of child abuse or neglect until arrest, substantiation, or closure of the investigatory file.
(16) "Multi-disciplinary response team" shall mean the Investigation Coordinator, at least one representative of the Division, at least one representative from the investigating Delaware law enforcement agency (if any), at least one representative from the Delaware Department of Justice, and at least one representative from the children's advocacy center. It may also include a representative of the Office of the Child Advocate, the child's Court Appointed Special Advocate ("CASA") or attorney guardian ad litem, medical personnel, mental health personnel and/or other such persons that are deemed necessary for an effective multi-disciplinary response.
(13)(17)
"Neglect" or "neglected child" is as defined in §901 of
Title 10.
(18) "Physical injury" is as defined in §222 of Title 11.
(14)(19)
"Report" shall mean the communication of an allegation of child abuse
or neglect to the Division pursuant to §903 or §905 of this title;.
(20) "Serious physical injury" is as defined in §222 of Title 11.
(21) "Sexual abuse" is as defined in §901 of Title 10.
(15)(22)
"Special Investigator" shall mean a Division employee, appointed by
the Secretary, who performs abuse and neglect investigations and possesses
additional qualifications and authority as defined by §9016 of Title 29.
(16)(23)
"Substantiation" means a finding by a preponderance of the evidence
that abuse or neglect has occurred.
(17)(24)
"Those responsible for the care, custody and control of the child" or
"care, custody and control" is as defined in §901 of Title 10.
Section 3.Amend §905, Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
(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 as defined in §901 of Title 10.
(b) The Division shall
maintain a Child Protection Registry and an internal information system as
defined by §902 of this title. Every report of alleged child abuse or
neglect that involves allegations of serious physical injury or sexual abuse
made to the Division shall be entered in the Department's internal information
system and the Division's multi-disciplinary tracking system, as well as
immediately referred to the children's advocacy center and the Delaware
Department of Justice. Reports unsubstantiated may shall be
kept in the internal information system by the Division at its discretion.
(c) Although reports 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.
(d) 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, 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.
(e) Upon receipt of a report of child abuse or neglect, 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 chapter.
Section 4.Amend §906, Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
§906. State multi-disciplinary response to reports of abuse or neglect.
(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 multi-disciplinary investigations and/or family assessments in response to reports of child abuse or neglect. 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 and coordinated decision making and case management to reduce the number of times a child is interviewed and examined to minimize further trauma to the child;
(3) provides safety and treatment for a child and his or her family by coordinating a therapeutic services system; and
(4) requires communication and case coordination among agencies and community professionals who are involved and have expertise in child protection.
(c) Every investigation of child abuse or neglect that involves allegations of serious physical injury or sexual abuse must be referred by the Division to the children's advocacy center for the assignment of a multi-disciplinary response team. All other investigations of child abuse or neglect may be referred to the children's advocacy center for the assignment of a multi-disciplinary response team. The Division may continue to investigate in cases referred to the children's advocacy center but must do so in a coordinated fashion with the other members of the multi-disciplinary response team.
(d) In implementing the Investigation Coordinator's role in the multi-disciplinary child protection system, the Investigation Coordinator, or the Investigation Coordinator's designee, shall:
(1) Track within the Division's internal information system each reported case of alleged child abuse or neglect from inception to final criminal and civil disposition, and provide reports every thirty days on the status of, and any findings in, each case to the Division, the Department, the Delaware Department of Justice, and the Office of Child Advocate. Where a case has been referred for the assignment of a multi-disciplinary response team, the Investigation Coordinator shall also report such information to the multi-disciplinary response team, every thirty days, pending final criminal and civil disposition of the case;
(2) Within 48 hours of the report being received by the Division, refer every reported case of child abuse or neglect that involves allegations of serious physical injury or sexual abuse to the children's advocacy center for case tracking, the assignment of a multi-disciplinary response team and, when appropriate, for forensic interviewing and medical evaluation;
(3) Within 48 hours of the receipt of a report concerning allegations of child abuse or neglect by a person known to be licensed or certified by a Delaware agency or professional regulatory organization, forward a report of such allegations to the appropriate Delaware agency or professional regulatory organization;
(4) Within 7 days after the initiation of a criminal investigation, ensure that the case is referred to the Delaware Department of Justice for case review and possible civil and criminal remedies, as warranted;
(5) Where a case is referred to a multi-disciplinary response team, participate in every multi-disciplinary response team meeting, receive reports from and provide information and recommendations to the multi-disciplinary team as requested, and keep the multi-disciplinary response team apprised of the status and findings of any criminal or civil investigation conducted in the case;
(6) Report every case involving the death or near death of a child due to abuse or neglect to the Child Death, Near Death and Stillbirth Commission pursuant to §323(e) of Title 31; and
(7) Provide information to the Child Protection Accountability Commission ("CPAC"), as requested by CPAC, regarding the status, trends and outcomes of cases of child abuse or neglect that are reported to the Division. Reports to CPAC shall not disclose the identities of the child, alleged perpetrators, or others involved in the case(s).
(e) In implementing law enforcement's role in the child protection system, the law enforcement agency investigating a report of child abuse shall:
(1) Report every case of child abuse to the Division as required by §903 of this title;
(2) Immediately refer every reported case of child abuse or neglect that involves allegations of serious physical injury or sexual abuse to the children's advocacy center for case tracking, the assignment of a multi-disciplinary response team and, when appropriate, for forensic interviewing and medical evaluation;
(3) Attend the forensic interview session in each case where a forensic interview is conducted;
(4) Ensure a prompt crime scene investigation, including when practicable, a doll re-enactment within 24 hours of every child death and near death case;
(5) Keep the Investigation Coordinator apprised of the status and findings of its criminal investigation, and conduct a joint investigation with the Division when appropriate;
(6) Where a case is referred to a multi-disciplinary response team, participate in every multi-disciplinary response team meeting, provide information and recommendations as requested, request from the Investigation Coordinator or any other member of the multi-disciplinary response team any and all information necessary to investigate the case, including any and all prior history, and keep the multi-disciplinary response team apprised of the status and findings of its investigation;
(7) Within 7 days after initiation of the criminal investigation, ensure that the investigation is reported to the Investigation Coordinator, and that the case is referred to the Delaware Department of Justice for case review and possible civil and criminal remedies, when appropriate; and
(8) Within 48 hours of the receipt of a report concerning allegations of child abuse or neglect by a person known to be licensed or certified by a Delaware agency or professional regulatory organization, forward a report of such allegations to the appropriate Delaware agency or professional regulatory organization.
(f) In implementing the children's advocacy center's role in the child protection system, it shall:
(1) Ensure that every case received has been reported to the Division as required by §903 of this title;
(2) Receive every alleged victim of child abuse or neglect referred to it for case tracking, and for forensic interviewing and/or medical evaluation as deemed appropriate by the multi-disciplinary response team;
(3) Assign a multi-disciplinary response team to all cases of child abuse or neglect referred to the children's advocacy center;
(4) Schedule, hold and participate in every multi-disciplinary response team meeting, ensuring that all members of the multi-disciplinary response team are included. Multi-disciplinary response team meetings shall be held in every case that is referred to the children's advocacy center no less than every thirty days after the case is referred for the assignment of a multi-disciplinary response team, until all civil and criminal legal proceedings are concluded in the case. At each meeting, the multi-disciplinary response team shall conduct a case review to ensure the most appropriate legal outcome is achieved and that necessary services are provided;
(5) Coordinate and maintain a case management system for every case of child abuse referred to the children's advocacy center;
(6) Ensure that each case referred to the children's advocacy center has been referred to the Investigation Coordinator and to the Delaware Department of Justice for case review and possible civil and criminal remedies, when appropriate;
(7) Provide information as necessary to the multi-disciplinary response team; and
(8) Ensure that all cases involving allegations of child abuse or neglect by a person known to be licensed or certified by a Delaware agency or professional regulatory organization, have been reported to the appropriate Delaware agency or professional regulatory organization and the Investigation Coordinator in accordance with provisions of this section.
(b)(g) In
implementing the Division's role in the child protection system, the
Division shall:
(1) Receive and maintain reports pursuant to the provisions of §§903 and 905 of this title;
(2) Forward reports to the appropriate Division staff, who shall determine, through the use of protocols developed by the Division, whether an investigation or the family assessment and services approach should be used to respond to the allegation. The protocols for making this determination shall be developed by the Division and shall give priority to ensuring the well-being and safety of the child;
(3) The Division may investigate any report, but shall conduct an investigation involving all reports, which if true, would constitute violations against a child by a person responsible for the care, custody and control of the child of any of the following provisions of §603, §604, §611, §612, §613, §621, §625, §626, §631, §632, §633, §634, §635, §636, §645, §763, §765, §766, §767, § 768, §769, §770, §771, §772, §773, §774, §775, §776, §777, §780, § 782, §783, §783A, §791, §1100, §1101, §1102, §1107, §1108, §1109, § 1110, §1111, or §1259 of Title 11, or an attempt to commit any such crimes. The Division staff shall also contact the Delaware Department of Justice and the appropriate law-enforcement agency upon receipt of any report under this section and shall provide such agency with a detailed description of the report received. The appropriate law enforcement agency shall assist the Division in the investigation or provide the Division, within a reasonable time, an explanation detailing the reasons why it is unable to assist. Notwithstanding any provision of the Delaware Code to the contrary, to the extent the law enforcement agency with jurisdiction over the case is unable to assist, the Division may request that the Delaware State Police exercise jurisdiction over the case and upon such request the Delaware State police may exercise such jurisdiction;
(4) The
assisting law-enforcement agency shall promptly conduct its own criminal
investigation, and keep the Division regularly apprised of the status and
findings of its investigation. Law-enforcement agencies and the Division shall
develop protocols to ensure compliance with this subsection;
(4) Ensure that within 48 hours of the report being received by the Division, every reported case of child abuse or neglect that involves allegations of serious physical injury or sexual abuse has been referred to the children's advocacy center for case tracking, the assignment of a multi-disciplinary response team and, when appropriate, for forensic interviewing and medical evaluation;
(5) Provide information as necessary to the multi-disciplinary response team;
(6) Ensure that every case of child death, and every case of near death due to abuse or neglect has been reported to the Child Death, Near Death and Stillbirth Commission pursuant to §323(e) of Title 31;
(7) Participate in every multi-disciplinary team meeting conducted in cases referred to the children's advocacy center;
(8) Request from the multi-disciplinary response team any and all information necessary to investigate the case, including any and all prior history;
(9) Ensure that all cases involving allegations of child abuse or neglect by a person known to be licensed or certified by a Delaware agency or professional regulatory organization, have been reported to the appropriate Delaware agency or professional regulatory organization and the Investigation Coordinator in accordance with provisions of this section;
(5)(10)
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 §
906(b)(3) of this title 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;
(6)(11)
The investigation shall include, but need not be limited to, the nature, extent
and cause of the abuse or neglect, collection of evidence, the identity of the
alleged perpetrator, the names and condition of other children and adults in
the home, the home environment, the relationship of the subject child to the
parents or other persons responsible for the child's care, any indication of
incidents of physical violence against any other household or family member,
background checks on all adults in the home, and the gathering of other
pertinent information;
(7)(12)
In the family assessment and services approach, assess service needs of the
family from information gathered from the family and other sources. The
Division shall identify and provide for services for families where it
is determined that the child is at risk of abuse or neglect. The Division shall
document its attempt to provide voluntary services and the reasons these
services are important to reduce the risk of future abuse or neglect. If the
family refuses to accept or avoids the proffered services, the Division may
refer the case for investigation or terminate services;
(8)(13)
Commence an immediate investigation if at any time during the family assessment
and services approach the Division determines that an investigation as
delineated in subsection (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;
(9)(14)
Conduct a family assessment and services approach on reports initially referred
for an investigation, if it is determined that a complete investigation is not
required. The reason for the termination of the investigative process shall be
documented;
(10)(15)
Assist the child and family in obtaining services, if at any time during the
investigation it is determined that the child or any member of the family needs
services;
(11)(16)
Identify local services and assist with access to those services for children
and families where there is risk of abuse or neglect;
(12)(17)
Update the internal information system at regular intervals during the course
of the investigation. At the conclusion of the investigation or family
assessment, the internal information system shall be updated to include a case
finding;
(13)(18)
When a written report is made by a person required to report under §903 of
this title, the Division shall contact the person who made such report within
48 hours of the receipt of the report in order to ensure that full information
has been received and to obtain any additional information or medical records,
or both, which may be pertinent;
(14)(19)
Upon completion of an investigation or family assessment and services approach,
if the Division suspects that the report was made maliciously or for the
purpose of harassment, the Division shall refer the report and any evidence of
malice or harassment to the appropriate law enforcement agency;
(15)
Multidisciplinary services shall be used whenever possible in conducting the
investigation or family assessment and services approach, including the
services of law enforcement agencies, the medical community, and other
agencies, both public and private. The Division and the Attorney General's
Office shall cooperate with law enforcement agencies and the Family Court to
develop training programs to increase the ability of Division personnel, court
personnel, and law enforcement officers to investigate suspected cases of abuse
and neglect;
(16)(20)
A person required to report under §903 of this title to the Division shall be
informed by the Division of the person's right to obtain information concerning
the disposition of the report. Such person shall receive, from the local
office, if requested, information on the general disposition of the report at
the conclusion of the investigation;
(17)(21)
In any judicial proceeding involving the custody of child, the fact that a
report has been made pursuant to §903 or §905 of this title shall not be
admissible unless offered by the Division as a party or as a friend of the
Court or if the Division is a party. However, nothing herein shall prohibit the
introduction of evidence from independent sources to support the allegations
that may have caused a report to have been made;
(18)(22)
To protect the privacy of the family and the child named in a report, the
Division shall establish guidelines concerning the disclosure of information
concerning the abuse and neglect involving a child. The Division may require
persons to make written requests for access to records maintained by the
Division. The Division shall only release information to persons who have a
legitimate public safety need for such information or a need based on the
health and safety of a child subject to abuse, neglect or the risk of
maltreatment, and such information shall be used only for the purpose for which
the information is released; and
(19)(23)
Upon the receipt of a report concerning allegations of abuse or neglect against
a person known by the Division to be licensed by 1 of the boards listed in §
8735 of Title 29, forward reports to the Division of Professional Regulation.
(h) In implementing the Delaware Department of Justice's role in the child protection system, it shall:
(1) Report every case of child abuse to the Division pursuant to §903 of this title;
(2) Ensure that every reported case of child abuse or neglect that involves allegations of serious physical injury or sexual abuse has been referred to the children's advocacy center for case tracking, the assignment of a multi-disciplinary response team and, when appropriate, for forensic interviewing and medical evaluation in accordance with the provisions of this section;
(3) Ensure that every case of child death and every case of near death due to abuse or neglect has been reported to the Child Death, Near Death and Stillbirth Commission pursuant to §323(e) of Title 31;
(4) Ensure that the investigating agency conducts a prompt crime scene investigation, including when practicable, a doll re-enactment within 24 hours in every child death and near death case;
(5) Closely coordinate within the Family, Civil and Criminal Divisions of the Delaware Department of Justice in order to properly assess the civil and criminal remedies available to ensure the most appropriate legal outcome is achieved, as well as keep the multi-disciplinary response team apprised of the status and finding of same;
(6) Participate in every meeting of the multi-disciplinary response team in each case referred to the children's advocacy center for the assignment of such a team and provide information as necessary to the multi-disciplinary response team, and attend any forensic interviews in cases referred to the children's advocacy center;
(7) Request from the multi-disciplinary response team any and all information necessary to investigate the case civilly and/or criminally, including any and all prior history;
(8) Provide information as necessary to the Investigation Coordinator to permit case tracking and reporting by the Investigation Coordinator; and
(9) Ensure that all cases involving allegations of child abuse or neglect by a person known to be licensed or certified by a Delaware agency or professional regulatory organization, have been reported to the appropriate Delaware agency or professional regulatory organization and the Investigation Coordinator in accordance with provisions of this section.
(c)(i) In the
event that a criminal prosecution for child sexual abuse or exploitation is
initiated by the Delaware Department of Justice against a person
employed by or associated with a facility or organization required to be
licensed or whose staff personnel are required to be licensed under Delaware
law whose primary concern is that of child welfare and care, the Attorney
General Delaware Department of Justice shall notify such employer
within 48 hours:.
(1) Upon the
return of an indictment charging such person with having committed at least 1
felony offense involving an allegation of child sexual abuse; or
(2) Upon an
adjudication of guilt of such person for any misdemeanor or violation, when
such offense involved sexual abuse, in any degree, of a child under age 18.
Any violations of this subsection shall be dealt with administratively by the Attorney General and the penalty provisions of §914 of this title shall not apply hereto.
(d)(j) In the
event that a criminal prosecution for abuse or neglect is initiated by the
Delaware Department of Justice pursuant to a report under this chapter and
incarceration of the person who is the subject of the report is ordered by the
Court, the Attorney General's office Delaware Department of Justice
shall keep the Division informed of actions taken by the courts which result in
the release of any such individual; provided that the Attorney General's
office is represented at such a hearing.
Section 5.This Act shall become effective upon its enactment into law.
SYNOPSIS
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This Act ensures that the investigation and disposition of cases of child abuse or neglect are conducted in a comprehensive, integrated and multi-disciplinary manner, thereby significantly reducing existing communication and coordination gaps in the investigation and disposition of such cases.In order to accomplish the foregoing, the Act does the following: 1.Uses the case management system of the Department of Services for Children, Youth and Their Families ("DSCYF") to track every case of child abuse and neglect from inception to final disposition; 2.Establishes investigatory timelines and codifies best practices for the consistent and prompt investigation of child abuse cases, including the assignment of a multi-disciplinary team to every case of child abuse involving allegations of serious physical injury or sexual abuse; 3.Strengthens and codifies multidisciplinary collaboration and coordination to ensure the best outcomes for children both civilly and criminally; 4.Establishes an Investigation Coordinator within DSCYF to oversee the coordination and collaboration on every case of serious physical injury or sexual abuse of a child, whether that case is intrafamilial or extrafamilial, and provides a system communication and facilitation tool to the multidisciplinary team; 5.Ensures the reporting of every death and near death case due to child abuse or neglect by the Child Death, Near Death and Stillbirth Commission; 6.Reinforces the duties to report suspected perpetrators to the Division of Professional Regulation as well as to other regulatory agencies; and 7.Requires the reporting of status, trends and civil and criminal outcomes of these cases to the Child Protection Accountability Commission. |
