|
Legislation
Legislation
Creating the Office of the Child Advocate
THE
FOLLOWING BILLS WERE PASSED BY THE 144th GENERAL ASSEMBLY: |
| SB 133 |
Protection from Tier II and Tier III Sex Offenders - This bill creates explicit protections for children in civil custody matters from Tier II and III sex offenders. The bill also increases protections for children from perpetrators of domestic violence that have caused the death or near death of a child. The bill requires that certain findings be made prior to allowing unsupervised contact between children and sex offenders, and also ensures that these matters are given hearings before the Family Court. The bill addresses prison visitation with sex offenders outlined in §728(f) by again redirecting those circumstances to this new subchapter. Finally, the bill relocates the sections on children conceived as a result of rape and on sexual abuse without a conviction from other parts of Chapter 7 to the new sex offender section. Signed 7/31/07 |
SB 113
w/ SA1 |
DFS Investigation Caseloads Reduction - This bill reduces caseload standards of Division of Family Services’ caseworkers. It reduces investigation caseloads from 14 to 11 with no current fiscal impact. It reduces treatment caseloads from 18 to 12 with a fiscal impact. As a result of the fiscal impact, the bill provides for a three year fiscal plan for phasing in the reduction which is consistent with federal and state mandates for safety, permanency and well-being for Delaware’s children. Signed 07/24/2007 |
| HB 266 |
Definitions - This Bill standardizes the definitions of child abuse, dependency and neglect throughout the Delaware code. Previously, several definitions of the same term, as it applies to children, existed. In addition, terms that have existed within the definitions have now been defined, to the extent practical, and substance abuse by parents has been explicitly added to the definition of neglect. This bill completes the recommendation of the Child Protection Accountability Commission Near Death Report on John Davis Jr. regarding standardizing definitions of child abuse, dependency and neglect throughout the Delaware Code. Signed 07/12/2007 |
|
THE
FOLLOWING BILLS WERE PASSED BY THE 143rd GENERAL ASSEMBLY: |
| HB 279 |
McKinney-Vento Protections for Foster Children - confirmed the current Delaware practice of considering all foster children in Delaware as "homeless" under the federal McKinney-Vento Homeless Education Assistance Improvement Act, thereby enabling to stay in their school or origin when so doing is in the bet interests. |
|
|
THE
FOLLOWING CHILD PROTECTION BILLS WERE PASSED BY THE 142nd GENERAL ASSEMBLY: |
| HB 78 |
Criminal History Considered in Best Interests Determination
- adds a requirement to the best interests statute, 13 Del. C. Section 722,
that the criminal history of any party or member of the household be considered
when determining what is in the best interests of a child. Signed July 1, 2004. |
| HB 139 |
Uniform
Parentage Act - adopts with some modification the recommendations from the
National Conference of Commissioners on Uniform State Laws for updating how the
states handle the establishment of paternity and paternity actions.
Signed July 11, 2003. |
| HB 401 |
Civil Child Witness -
amends 13 Del. C. Section 724 by affording protections to children who are witnesses in
civil proceedings in the Family Court. It also provides a procedural mechanism for the
admission of out-of-court statements made by children. Signed June 30, 2004. |
| SB 265 |
DFS Caseload Standards -
clarifies investigation, treatment and child care licensing caseload standards for the Division
of Family Services, as well as codifies training positions and career ladders. The bill also
clearly enunciates the data required to be reported by the Division to the General Assembly and
others on a quarterly basis. Signed June 29, 2004. |
| SB 279 |
Child Near Deaths -
requires the Child Death Review Commission to perform expedited reviews of child abuse and/or
neglect near deaths, establishes staffing including an Executive Director, and requires an
annual meeting between CDRC and the Child Protection Accountability Commission to review
abuse/neglect recommendations. Signed July 19, 2004. |
|
THE
FOLLOWING BILLS WERE PASSED BY THE 141st GENERAL ASSEMBLY: |
| HB 120 |
Safe
Arms for Babies - provided for the safe abandonment of a
newborn baby in a Delaware hospital without fear of criminal
prosecution, and provides a mechanism for prompt termination
of parental rights in adoption. The bill was signed by Governor
Minner on July 18, 2001. |
| HB 154 |
Procedural
Changes to TPR and Adoption - updates and strengthens Delaware
law for TPR and adoption by giving additional protections to
birth parents, adoptive parents and children, including the
shortening of time frames for voluntary TPR and adoption. |
| HB 247 |
Sex
Offender Notification in Schools - provides for notice to
parents and school personnel where a Tier II or III sex offender
is present in their neighborhood. |
| HB 269 |
Guardianship
and Permanent Guardianship - provides a framework for filing,
granting and modifying guardianships in Family Court It also
creates a new legal status of permanent guardian, assuring permanency
for older foster children and/or children living with relatives
for whom adoption is not possible or appropriate. The bill was
signed by Governor Minner on July 11, 2001. |
| HB 287 |
Expansion
of the Child Protection Accountability Commission - expands
the membership of CPAC by including professionals in child mental
health, education, adoption, and the Child Placement Review
Board. It also expands the mandate of the Commission by now
requiring CPAC to also examine policies on child well-being
and permanency, and to advocate for change on these issues. |
|
|
|
Suite 210