CHAPTER 698

STATE OF DELAWARE

EXECUTIVE DEPARTMENT

DOVER

EXECUTIVE ORDER NUMBER SIXTH-THREE

TO: Heads of All State Departments and Agencies

RE: Reorganization of the Department of Health and Social Services

WHEREAS, pursuant to 29 Delaware Code § 7903 (g), the Secretary of Health and Social Services, with the concurrence of the Governor, has the power to "establish, consolidate, abolish, 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"; and

WHEREAS, changes in the names of certain organizations within the Department of Health and Social Services have been deemed necessary in order better to clarify and define the functions of such organizations; and

WHEREAS, a Division of Mental Retardation was created on August 5, 1971, pursuant to law; and

WHEREAS, pursuant to 29 Delaware Code § 7903 (g) other changes of name and function within the Department of Health and Social Services have been implemented since the reorganization of State Government; and

WHEREAS, it is desirable that these changes be officially noted and formally recognized by executive order;

NOW, THEREFORE, I, RUSSELL W. PETERSON, with the concurrence of the Secretary of Health and Social Services and by virtue of the authority vested in me as Governor of the State of Delaware, do hereby declare and order as follows:

1. The creation of the Division of Mental Retardation within the Department of Health and Social Services is hereby confirmed. The Division shall have such functions and duties as may be assigned it by law or by the Secretary of Health and Social Services.

2. The name of the Division of Physical Health, created in 29 Delaware Code, § 7904, is hereby changed and shall henceforth be known as the "Division of Public Health," which shall have the functions assigned to it by law and by the Secretary of Health and Social Services including all functions formerly assigned to the Division of Physical Health.

3. The abolition of the Division of Corrections (29 Delaware Code, § 7916) and the creation of the Division of Adult Corrections and the Division of Juvenile Corrections are hereby confirmed. The two new divisions shall perform such functions as are assigned them by law and by the Secretary of Health and Social Services. These functions include those previously assigned the Division of Corrections which properly fall within the purview of adult and juvenile corrections respectively.

4. The creation of the Division of Drug Abuse Control is hereby confirmed. It shall be assigned those functions and duties heretofore performed by the "Office of Drug Abuse Control" as well as those functions henceforth assigned it by law or the Secretary of Health and Social Services. The Drug Control Coordinator shall henceforth be known as the Director of the Division of Drug Abuse Control.

5. The Division of Business Administration and General Services is created within the Department of Health and Social Services, and shall have those duties and functions which shall be assigned to it by law or by the Secretary of Health and Social Services.

0. The Division of Planning, Research and Evaluation is hereby created within the Department of Health and Social Services in lieu of the present "Office of Planning, Research and Evaluation" and shall have all the duties

and functions heretofore performed by the "Office of Planning, Research and Evaluation" or which shall be assigned the Division by law or by the Secretary of Health and Social Services.

APPROVED This 18th day of September, 1972

RUSSELL W. PETERSON, Governor

(GREAT SEAL)

ATTEST: WALTON H. SIMPSON, Secretary of State

HERBERT BAGANZ, M.D., Secretary of Health & Social Services