CHAPTER 301

AN ACT TO AMEND TITLE 29, DELAWARE CODE, BY CREATING A NEW CHAPTER TO BE DESIGNATED AS CHAPTER 79 RELATING TO THE ESTABLISHMENT OF A DEPARTMENT OF HEALTH AND SOCIAL SERVICES, DEFINING ITS ORGANIZATION, POWERS, DUTIES AND FUNCTIONS AND PROVIDING FOR THE TRANSFER OF MATERIALS AND EQUIPMENT TO SAID DEPARTMENT FROM VARIOUS STATE AGENCIES AND PROVIDING A SUPPLEMENTARY APPROPRIATION TO THE GOVERNOR TO IMPLEMENT THE PROVISIONS OF THIS ACT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29, Delaware Code, is hereby amended by adding a new Chapter thereto to be designated as Chapter 79 to read as follows:

CHAPTER 79.

DEPARTMENT OF HEALTH AND SOCIAL SERVICES

§ 7901. Establishment of Department of Health and Social Services

§ 7902. Secretary; Division Directors; Acting Secretary; Appointment

(a) The administrator and head of the Department shall be the Secretary of the Department of Health and Social Services, who shall be a person qualified by training and experience to perform the duties of his office. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. He shall be paid an annual salary not in excess of $34,000.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such directors may be removed from office by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of his successor, the Governor may appoint the director of any division of the Department to serve as Acting Secretary. The Secretary may, during his absence from the State, appoint the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during his absence or incapacity or until his successor is duly qualified and appointed.

§ 7903. Powers; duties and functions of the Secretary

The Secretary shall have the following powers, duties and functions:

(a) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;

(b) To appoint and fix the salary with the written approval of the Governor, the following division directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:

(1) A Director of the Division of Physical Health, who shall be known as the Director of Physical Health, and who shall be a licensed physician who shall have had at least one (1) year's post-graduate training in public health or in lieu thereof at least five (5) year's experience as a full-time health official.

(0) A Director of the Division of Mental Health and Mental Retardation, who shall be known as the Director of Mental Health and Mental Retardation, and who shall be a psychiatrist certified by the American Board of Psychiatry and Neurology and further qualified by training and experience in the administration of hospital and community programs of prevention and early treatment.

(3) A Director of the Division of Social Services, who shall be known as the Director of Social Services, and who shall be qualified by education, ability and experience in the administration of social work or services.

(4) A Director of the Division of Corrections, who shall be known as the Director of Corrections, and who shall have had a minimum of an earned graduate degree above that of bachelor's from an accredited college or university, in one of the behavioral sciences, such as corrections, sociology, psychology or social work, with five (5) years' experience in the corrections field, including a responsible administrative position.

(5) An administrator and head of the Office of Business Administration and General Services who shall be known as the Chief of Business Administration and General Services and who shall be a person qualified by training and experience to perform the duties of his office.

(6) An administrator and head of the Office of Planning, Research and Evaluation who shall be known as the Chief of Planning, Research, and Evaluation and who shall be a person qualified by training and experience to perform the duties of his office.

(c) To appoint, with the written approval of the Governor, an administrator and head of the Office of Medical Examiner who shall be known as the Medical Examiner of the State of Delaware for a term of ten (10) years, subject to reappointment, but always subject to removal for cause. The Medical Examiner shall be a physician licensed to practice in the State of Delaware and shall be a Board certified pathologist, with preference given to applicants with training and experience in the field of forensic pathology.

(d) To appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law.

(e) To establish an Office of Business Administration and General Services in order to administer and coordinate the record keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department and to coordinate such general services and business administration with other departments, agencies and offices of the Government of this State.

(f) To establish an Office of Planning, Research and Evaluation in order to provide for and carry out the future comprehensive planning of the programs, policies and operation of the Department and the evaluation, necessary research, data collection and analysis of the programs, policies and operations of the Department.

(g) To establish, consolidate or abolish such divisions, subdivisions, and offices within the Department or transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that all powers, duties and functions required by law shall be provided for and maintained.

(h) To retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable, in the performance of the functions of the Department, and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Title 29, Chapter 25, Delaware Code.

() To delegate any of his powers, duties or functions to a director of a division except his power to remove employees of the Department or to fix their compensation.

(a) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by him and which are not inconsistent with the laws of this State.

(k) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department.

(l) To adopt an official seal or seals for the Department.

§ 7904. Division of Physical Health; State Board of Health

(a) The Division of Physical Health is hereby established having powers, duties and functions as directed by the State Board of Health.

(b) The State Board of Health shall consist of the Secretary of the Department and the Director of Physical Health and shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in:

(1) The State Board of Health pursuant to the provisions of Title 16, Delaware Code, Chapters 1, 5, 7, 10A, 11, 14, 15, 17, 21, 23, 31, 33, 35, 37, 41, 43, 45, 74, 79 and 90; Title 3, Delaware Code, Chapter 87, and Title 7, Delaware Code § 2133;

(2) The Board of Trustees of the Delaware Home and Hospital for the Chronically Ill at Smyrna pursuant to the provisions of Title 31, Delaware Code, Chapter 28;

(3) The Hospital Advisory Council pursuant to the provisions of Title 16, Delaware Code, Chapter 10A.

(c) The Director of Physical Health shall be the State Health Officer and State Registrar of Vital Statistics and shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in said offices pursuant to the provisions of Title 16, Delaware Code, Chapter 1.

(d) The administrative, ministerial, fiscal, clerical, and inspection functions of the following Boards set forth in Title 24, Delaware Code, shall be performed by the Division of Physical Health:

State Board of Examiners of Barbers

State Board of Chiropractic Examiners

Delaware State Board of Cosmetology

State Board of Dental Examiners

The Medical Council of Delaware

Board of Medical Examiners

Delaware Board of Nursing

Delaware State Board of Examiners in Optometry

State Board of Pharmacy

State Examining Board of Physical Therapists

The Board of Chiropody And/or Podiatry Examiners

State Board of Examiners of Psychologists

State Board of Examiners of Undertakers

State Board of Veterinary Medicine

Except as therein provided in subsection (d) above, the membership remuneration, organization, meetings, powers, duties and functions of the boards listed above shall remain as prescribed by Title 24, Delaware Code.

§ 7905. Council on Physical Health

(a) There is hereby established the Council on Physical Health.

(b) The Council on Physical Health shall serve in an advisory capacity to the Director of Physical Health and shall consider matters relating to physical health in the State of Delaware and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Physical Health. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Physical Health, upon the effective date of this Chapter, shall be composed of the members of the State Board of Health and the Hospital Advisory Council whose terms, as of the effective date of this Chapter, have not expired. Each member shall serve as a member of the Council on Physical Health for the period of his unexpired term unless he vacates his position by resignation, death or incapacity. When the number of the members has been reduced to less than seven (7), by reason of expiration of terms, resignations, death or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years, and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7), the Council shall hereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven (7), no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that, they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7), any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 7906. Council on Radiation

(a) There is hereby established the Council on Radiation.

(b) The Council on Radiation shall serve in an advisory capacity to the Director of Physical Health and shall consider matters relating to the regulation and utilization of the sources of ionizing radiation, the promotion of an orderly regulatory pattern among the states and between the Federal Government with respect to the use and regulation of ionizing radiation and the establishment of regulatory responsibilities with respect to by-products, source and special nuclear materials and such other matters as may be referred to it by the Governor, Secretary of the Department, or Director of Physical Health. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Radiation, upon the effective date of this Chapter, shall be composed of the members of the Authority on Radiation Protection whose terms, as of the effective date of this Chapter, have not expired. Each member shall serve as a member of the Council on Radiation for the period of his unexpired term, unless he vacates his position by resignation, death or incapacity. When the number of the members has been reduced to, less than seven (7), by reason of expiration of terms, resignations, death or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years, and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7), the Council shall thereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven (7), no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7) any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 7907. Council on the Delaware Home and Hospital

(a) There is hereby established the Council on the Delaware Home and Hospital.

(b) The Council on the Delaware Home and Hospital shall serve in an advisory capacity to the Director of Physical Health and shall consider matters relating to the physical health, comfort, care and support of the persons in the Delaware Home and Hospital for the Chronically Ill at Smyrna and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Physical Health. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on the Delaware Home and Hospital, upon the effective date of this Chapter, shall be composed of the members of the Board of Trustees of the Delaware Home and Hospital for the Chronically Ill at Smyrna whose terms, as of the effective date of this Chapter, have not expired. Each member shall serve as a member of the Council on the Delaware Home and Hospital for the period of his unexpired term unless he vacates his position by resignation, death or incapacity. When the number of the members has been reduced to less than seven (7) by reason of expiration of terms, resignations, death or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years, and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7), the Council shall thereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven (7), no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council may serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7) any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 7908. Division of Mental Health and Mental Retardation

(a) The Division of Mental Health and Mental Retardation is hereby established having powers, duties and functions as follows:

(1) The Division of Mental Health and Mental Retardation shall have the power to perform and shall be responsible for the performance of all of the powers, duties and functions heretofore vested in the Board of Trustees of the Department of Mental Health and the Department of Mental Health pursuant to the provisions of Title 16, Delaware Code, Chapters 51, 53, 55, 57, 59, 60 and 61.

§ 7909. Council on Mental Health

(a) There is hereby established the Council on Mental Health.

(b) The Council on Mental Health shall serve in an advisory capacity to the Director of Mental Health and Mental Retardation and shall consider matters relating to mental health in the State and such other matters as may be referred to it by the Governor, Secretary of the Department or Director of Mental Health and Mental Retardation. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Mental Health, upon the effective date of this Chapter shall be composed of the members of the Board of Trustees of the Department of Mental Health whose terms, as of the effective date of this Chapter, have not expired. Each member shall serve as a member of the Council on Mental Health for the period of his unexpired term unless he vacates his position by resignation, death, or incapacity. When the number of the members has been reduced to less than seven (7) by reason of expiration of terms, resignations or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7) the Council shall thereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven (7), no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members or the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7), any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 7910. Council on Mental Retardation

(a) There is hereby established the Council on Mental Retardation.

(b) The Council on Mental Retardation shall serve in an advisory capacity to the Director of Mental Health and Mental Retardation and shall consider matters relating to mental retardation in the State and such matters as may be referred to it by the Governor, Secretary of the Department or Director of Mental Health and Mental Retardation. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Mental Retardation shall be composed of seven (7) members appointed by the Governor. The terms of the members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, appointed members shall serve for a term of three (3) years.

(d) No more than four (4) of the members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) Any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the reminder of that term.

§ 7911. Division of Social Services

(a) The Division of Social Services is hereby established having powers, duties and functions as follows:

(1) The Division of Social Services shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(i) The Department of Public Welfare and the Board of Welfare pursuant to the provisions of Title 31, Delaware Code, Chapter 1, Subchapters I, III, IV and VII of Chapter 3, Chapters 5, 9 and 11;

() The Delaware Commission for the Blind pursuant to Title 31, Delaware Code, Chapters 21 and 23;

(i) The Delaware Commission for the Aging, pursuant to the provisions of Title 31, Delaware Code, Chapter 29;

(ii) The Delaware Commission on Children and Youth, pursuant to the provisions of Title 31, Delaware Code, Chapter 27.

§ 7912. Council on Family Services

(a) There is hereby established the Council on Family Services.

(b) The Council on Family Services shall serve in an advisory capacity to the Director of Social Services and shall consider matters relating to programs of public assistance for the State and welfare services related to such programs, including general relief, child welfare, and the disabled, except such programs relating to the blind. The Council shall also consider such other matters as may be referred to it by the Governor, the Secretary of the Department or Director of Social Services. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

() The Council on Family Services, upon the effective date of this Chapter, shall be composed of the members of the Board of Welfare whose terms, as of the effective date of this Chapter, have not expired. Each member shall serve as a member of the Council on Family Services for the period of his unexpired term unless he vacates his position by resignation, death, or incapacity. When the number of the members has been reduced to less than seven (7) by reason of expiration of terms, resignations or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years, and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7), the Council shall thereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven (7), no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7) any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 7913. Council on the Blind

(a) There is hereby established the Council on the Blind.

(b) The Council on the Blind shall serve in an advisory capacity to the Director of Social Services and shall consider matters relating to the general supervision and control of the education, training and welfare of blind persons residing in the State. The Council shall also consider such other matters as may be referred to it by the Governor, the Secretary of the Department or Director of Social Services. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on the Blind, upon the effective date of this Chapter, shall be composed of the members of the Delaware Commission for the Blind whose terms, as of the effective date of this Chapter, have not expired. Each member shall serve as a member of the Council on the Blind for the period of his unexpired term, unless he vacates his position by resignation, death, or incapacity. When the number of the members has been reduced to less than seven (7) by reason of expiration of terms, resignations or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years, and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7), the Council shall thereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven (7), no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7) any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 7914. Council on Children and Youth

(a) There is hereby established the Council on Children and Youth.

(b) The Council on Children and Youth shall serve in an advisory capacity to the Director of Social Services and shall consider matters relating to the study and evaluation of facilities and services for the children and youth of this State, the formulation of plans and courses of action covering the needs of the children and youth of this State and such other matters as may be referred to it by the Governor, the Secretary of the Department or Director of Social Services. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Children and Youth, upon the effective date of this Chapter, shall be composed of the members of the Delaware Commission on Children and Youth whose terms, as of the effective date of this Chapter, have not expired. Each member shall serve as a member of the Council on Children and Youth for the period of his unexpired term, unless he vacates his position by resignation, death, or incapacity. When the number of the members has been reduced to less than seven (7) by reason of expiration of terms, resignations or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years, and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7), the Council shall thereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven (7), no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7), any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 7915. Council on the Aging

(a) There is hereby established the Council on the Aging.

(b) The Council on the Aging shall serve in an advisory capacity to the Director of Social Services and shall consider matters relating to the formation of local community councils for the aging, programs and projects in this State to benefit the aging, and such other matters as may be referred to it by the Governor, the Secretary of the Department or Director of Social Services. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on the Aging, upon the effective date of this Chapter, shall be composed of the members of the Delaware Commission for the Aging whose terms, as of the effective date of this Chapter, have not expired. Each member shall serve as a member of the Council on the Aging for the period of his unexpired term, unless he vacates his position by resignation, death, or incapacity. When the number of the members has been reduced to less than seven (7) by reason of expiration of terms, resignations or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years, and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7) the Council shall thereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven (7), no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7) any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 7916. Division of Corrections

(a) The Division of Corrections is hereby established having powers, duties, and functions as follows:

(1) The Division of Corrections shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in:

(i) The Department of Correction and the Board of Correction pursuant to Title 11, Delaware Code, Chapters 43 and 65;

(ii) The Youth Services Commission of Delaware pursuant to the provisions of Title 31, Delaware Code, Chapters 51 and 52;

(2) The Division of Corrections shall furnish the Board of Parole adequate office facilities and supplies to properly perform its duties pursuant to the provisions of Title 11, Delaware Code, Subchapter IV of Chapter 43.

§ 7917. Council on Adult Corrections

(a) There is hereby established the Council on Adult Corrections.

(b) The Council on Adult Correction shall serve in an advisory capacity to the Director of Corrections and shall consider matters relating to the development and progress of the adult correctional system of this State, including correctional facilities and services and such other matters as may be referred to it by the Governor, the Secretary of the Department or Director of Corrections. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Adult Corrections, upon the effective date of this Chapter, shall be composed of the members of the Board of Correction whose terms, as of the effective date of this Chapter, have not expired. Each member shall serve as a member of the Council on Adult Corrections for the period of his unexpired term, unless he vacates his position by resignation, death, or incapacity. When the number of the members has been reduced to less than seven (7) by reason of expiration of terms, resignations or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years, and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7) the Council shall thereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven (7), no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one (1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7) any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 7918. Council on Youth Services

(a) There is hereby established the Council on Youth Services.

(b) The Council on Youth Services shall serve in an advisory capacity to the Director of Corrections and shall consider matters relating to the administration of training facilities for the detention, care, treatment, and after-care supervision for youthful offenders and delinquents of this State. The Council shall also consider matters relating to the expansion of community services directed toward the over-all prevention and control of juvenile delinquency in the State of Delaware and such other matters as may be referred to it by the Governor, the Secretary of the Department or Director of Corrections. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Youth Services, upon the effective date of this Chapter, shall be composed of the members of the Youth Services Commission of Delaware whose terms, as of the effective date of this Chapter, have not expired. Each member shall serve as a member of the Council on Youth Services for the period of his unexpired term, unless he vacates his position by resignation, death, or incapacity. When the number of the members has been reduced to less than seven (7) by reason of expiration of terms, resignations or incapacity, the Governor shall appoint new members. The terms of the new members shall be staggered. The first two (2) appointees shall serve for a term of one (1) year, the next two (2) appointees shall serve for a term of two (2) years, and the next three (3) appointees shall serve for a term of three (3) years. Thereafter, all new appointees shall serve for a term of three (3) years. When the number of members has been reduced to less than seven (7), the Council shall thereafter be composed of not more than seven (7) members.

(d) When the number of members of the Council has been reduced to less than seven (7), no more than four (4) of the newly appointed members shall be affiliated with the same political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of one ( 1) year and shall be eligible for reelection.

(g) After the Council has been reduced to seven (7) any appointment, pursuant to the provisions hereof, to replace a member whose position becomes vacant prior to the expiration of his term, shall be filled only for the remainder of that term.

§ 7919. Office of Medical Examiner

(a) The Office of Medical Examiner is hereby established having powers, duties and functions as follows:

(1) The Office of Medical Examiner shall have the power to perform and shall be responsible for the performance of all powers, duties and functions heretofore vested in the Board of Post-Mortem Examiners for the State of Delaware pursuant to the provisions of Title 29, Delaware Code, Chapter 47.

§ 7920. Governor's Council on Health and Social Services

(a) There is hereby established the Governor's Council on Health and Social Services.

(b) The Governor's Council on Health and Social Services shall be composed of the chairmen of the councils to the respective divisions of the Department, as herein provided, one (1) of whom shall be designated by the Governor as Chairman of the Governor's Council on Health and Social Services and he shall serve as such at the pleasure of the Governor. The Council may study, research, plan, and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The terms of the members of the Governor's Council on Health and Social Services shall coincide with the terms for which the members serve as chairmen of their respective councils.

(d) The Governor's Council on Health and Social Services shall advise, recommend and refer to the Secretary of the Department matters which, in its opinion, are of departmental concern and shall consider such other matters as may be referred to it by the Governor or the Secretary of the Department.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

§ 7921. Books, records; access; annual report

(a) The Governor's Council on Health and Social Services shall have access to all books, records, reports, and other documents relating to the Department of Health and Social Services unless otherwise prohibited by law.

b) The various councils of the divisions of the Department of Health and Social Services shall have access to all books, records, reports, and other documents relating to their respective divisions unless otherwise prohibited by law.

(c) The Chairman of the Governor's Council on Health and Social Services and the chairmen of the councils of the divisions of this Department shall make an annual report of the activities of each of said councils to the Secretary of the Department, the Governor and the General Assembly and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.

§ 7922. Exemptions

The following positions set forth in this Act shall be exempt from the provisions of Title 29, Delaware Code, Chapter 59:

(a) Secretary of Health and Social Services

(b) Director of Physical Health

(c) Director of Mental Health and Mental Retardation

(d) Director of Social Services

(e) Director of Corrections

(f) Medical Examiner

(g) Chief of Business Administration and General Services

(h) Chief of Planning, Research and Evaluation

§ 7923. Functions prior to effective date of this Chapter

The Department, through appropriate divisions, subdivisions, and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Board of Health, the Board of Trustees of the Delaware Home and Hospital for the Chronically Ill at Smyrna, the Hospital Advisory Council, the Department of Mental Health, the Board of Trustees of the Department of Mental Health, the Department of Public Welfare, the Board of Welfare, the Youth Services Commission of Delaware, the Department of Correction, the Board of Correction, the Commission for the Blind, the Commission for the Aging, the Commission on Children and Youth, and the Board of Post-Mortem Examiners of the State of Delaware immediately prior to the effective date of this Chapter and which are not otherwise herein above specifically transferred to the Department by the provisions of this Chapter.

§ 7924. Appeals

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions hereby transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is hereby transferred, and each such appeal shall be perfected in the manner heretofore provided by law.

§ 7925. Transfers and continuity

(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function hereby transferred to the Department shall on the effective date of this Chapter be delivered into the custody of the Department. All investigations, petitions, hearings, and legal proceedings pending before or instituted by any agency from which functions are hereby transferred and not concluded prior to the effective date of this Chapter shall continue unabated and remain in full force and effect, notwithstanding the passage of this Chapter and where necessary, may be completed before, by or in the name of the Department. All orders, rules and regulations made by any agency from which functions are hereby transferred and governing such functions and which are in effect upon the effective date of this Chapter shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function hereby transferred to the Department and being in force on the effective date of this Chapter, shall, notwithstanding the provisions of this Chapter, remain in full force and effect and be performed by the Department.

(b) All persons in the custody or under the jurisdiction or control of the Department of Correction, the Board of Correction, the Youth Services Commission of Delaware, the Board of Trustees of the Delaware Home and Hospital for the Chronically Ill at Smyrna, the Department of Mental Health and the Board of Trustees of the Department of Mental Health on the effective date of this Chapter, are hereby transferred and committed to the custody of the Department.

(c) The Department shall succeed to the custody and control of all monies and personal property held by the Department of Correction, the Board of Correction, the Youth Services Commission of Delaware, the Board of Trustees of the Delaware Home and Hospital for the Chronically Ill at Smyrna, the Department of Mental Health, and the Board of Trustees of the Department of Mental Health belonging to persons committed to their custody.

(d) All employees of any commission, board, department, authority or agency shall, to the extent that the same are consistent with this Chapter and in connection with a function hereby transferred to the Department, shall continue and be deemed to be the employees of the Department on the effective date of this Chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this Chapter.

(e) All definitions and references to any commission, board, department, authority or agency which appear in any other Act or law shall, to the extent that the same are consistent with this Chapter and in connection with a function hereby transferred to the Department, be construed as referring and relating to the Department of Health and Social Services as created and established herein.

() All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other Act or law, shall, to the extent that same are consistent with this Chapter, and in connection with a function hereby transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and function as established and created herein.

§ 7926. Annual report

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations, and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.

§ 7927. Misnomer of Department in donation

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing, that the party making the same intended to pass and convey thereby to the Department or to any commission, board, department, authority, council or agency, to which, by the provisions of this Act, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

§ 7928. Budgeting and financing

The Secretary in cooperation with the Division Directors shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the Annual Appropriation and any other funds appropriated by the General Assembly.

Special funds may be used in accordance with approved programs, grants and appropriations.

§ 7929. Severability

If any provision of this Chapter, or of any rule, regulation or order thereunder of the application of such provision to any person or circumstances, shall be held invalid, the remainder of this Chapter and the application of such provision of this Chapter or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.

Section 2. The provisions of this Act shall become effective on the date the Governor signs an executive order stating that he has found it administratively feasible to implement this Act or on July 1, 1970, whichever first occurs.

Section 3. The sum of Fifty Thousand Dollars ($50,000) is hereby appropriated to the Governor for the fiscal year ending June 30, 1970, for the purposes of implementing the provisions of this Act. This appropriation shall be considered as a supplementary appropriation and shall be paid out of funds not otherwise appropriated and any portion thereof which is unexpended or unencumbered as of June 30, 1970 shall revert to the General Fund.

Section 4. Any sums appropriated to any Board, Commission, Council or Agency affected by this Act, and which, upon the effective date of this Act, are unencumbered or unexpended shall be and are hereby appropriated and transferred to the Department of Health and Social Services.

Approved November 5, 1969.