CHAPTER 211 - PARENTS AND CHILDREN

AN ACT TO AMEND CHAPTER 88 OF THE REVISED CODE OF DELAWARE (1915) RELATING TO PARENTS AND CHILDREN, AS AMENDED BY CHAPTER 183, VOLUME 32, LAWS OF DELAWARE, AND FURTHER AMENDED BY CHAPTER 251, VOLUME 36, LAW OF DELAWARE, IN ORDER. THAT THE MOTHER'S PENSION LAW COMPLY WITH THE PROVISIONS OF AN ACT OF THE CONGRESS OF THE UNITED STATES RELATING TO AID TO DEPENDENT CHILDREN, AND THAT THE STATE OF DELAWARE ACCEPT THE PROVISIONS OF SAID ACT.

WHEREAS, in the report of the Committee on Economic Security, recently submitted to the President of the United States it is stated "we believe that the children's aid plan, generally called Mother's Pension Laws, is the method which will best care for the needs of fatherless and other young families without a breadwinner; and

WHEREAS, in Title II of the Wagner Bill, "S-1130", now before the Congress of the United States for consideration, provision is made for Federal grants-in-aid to the "mother's care" method of rearing fatherless families through the approval by the Federal Administrative Agency of a State plan that establishes and designates a single State agency to administer such plan; and

WHEREAS, in the State of Delaware, the Mother's Pension Commission is such an established State authority with such methods of administration as appear to be in accordance with the provisions of the Wagner Bill; and

WHEREAS, in order to comply with conditions set forth in the said Title II as necessary for the allotment of a sum equal to one-third of the contribution of the State of Delaware for aid to dependent children, certain amendments will need M be made to Delaware statutes; therefore

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 88 of the Revised Code of Delaware (1915), as amended by Chapter 183, Volume 32, Laws of Delaware, and further amended by Chapter 251, Volume 36, Laws of Delaware, be and is hereby amended by striking out the paragraph designated as *(e) in 3071A. Sec. 11A of the said Chapter 88 and inserting in lieu thereof the following:

(e) That the child or children has/have been continuous resident/residents of the State of Delaware for a period of at least one year.

Section 2. That Chapter 88 of the Revised Code of Delaware (1915), as amended by Chapter 183, Volume 32, Laws of Delaware, and further amended by Chapter 251, Volume 36, Laws of Delaware, be and is hereby amended by the addition of a new paragraph following the paragraph designated (e) in 3071A. Sec. 11A of the said Chapter 88, viz:

(f) Wherever the word "child" or "children" is used in this Act, it shall mean a child or children under the age of sixteen in their own homes, in which there is no adult person, other than one needed to care for the child or children, who is able to work and provide the family with a reasonable subsistence compatible with decency and health.

Section 3. That Chapter 88 of the Revised Code of Delaware (1915), as amended by Chapter 183, Volume 32, Laws of Delaware and further amended by Chapter 251, Volume 36, Laws of Delaware, be and is hereby amended by the striking out of the paragraph immediately following the paragraph designated as (e) in 3071A. Sec. 11A of the said Chapter 88 and inserting in lieu thereof the following new paragraph:

If the Mother's Pension Commission, after a careful investigation and receipt of a written report of the same, shall deem it for the best interests of the family that aid be given, the said Commission shall determine the amount of aid needed by such family, based on a budget in which all possible family income as well as necessary expenses shall be considered. The aid furnished should be sufficient to care for the child/children properly in its/their own home during such time as the said Commission shall specify; provided that no payment shall be made for the support of any child beyond the time when the law will permit the child to secure a general employment certificate. The said Mother's Pension Commission may, upon the recommendation of the members of the Commission of the County, vary the terms of the aid given by directing the furnishing of food, clothing, or supplies, instead of the payment of money, to the person designated by the Commission for the use and benefit of such child or children.

Section 4. That Chapter 88 of the Revised Code of Delaware (1915), as amended by Chapter 183, Volume 32, Laws of Delaware, and further amended by Chapter 251, Volume 36, Laws of Delaware, be and is hereby amended by the addition of a new paragraph to 3071A. Sec. 11A. of said Chapter 88, viz:

It shall be the duty of the Mother's Pension Commission to make such reports, and at such time, as may be required to the Federal Administrative Agency upon such forms as the said Administrative Agency may prescribe.

Section 5. That Chapter 88 of the Revised Code of Delaware (1915), as amended by Chapter 183, Volume 36, Laws of Delaware, and further amended by Chapter 251, Volume 36, Laws of Delaware, be and is hereby amended by the addition of a new paragraph to 3071A. Sec. 11A. of said Chapter 88, viz:

The State Treasurer is hereby authorized and directed to receive the quarterly installments from the Secretary of the Treasury of the United States allotted to the State of Delaware from time to time to aid in carrying out the State plan as herein set forth.

Section 6. That Chapter 88 of the Revised Code of Delaware (1915), as amended by Chapter 183, Volume 32, Laws of Delaware, and further amended by Chapter 251, Volume 36, Laws of Delaware, be and is hereby amended by the addition of a new paragraph to 3071A. Sec. 11A. of said Chapter 88, viz.

The State of Delaware, by and through its General Assembly now in regular session, hereby accepts the provisions of such Act of the Congress of the United States relating to aid to dependent children as will co-relate and co-ordinate with the provisions of the Mother's Pension Law of the State of Delaware; provided, however, that the provisions of this Act shall not become effective until such time after the approval as the Governor of the State of Delaware and the Federal Administrative Agency shall agree upon.

Section 7. All Acts and parts of Acts inconsistent herewith are hereby repealed to 'the extent of the inconsistencies only.

Approved April 12, 1935.