CHAPTER 398

FORMERLY

SENATE BILL NO. 447

AN ACT TO AMEND CHAPTER 90, TITLE 29 OF THE DELAWARE CODE RELATING TO THE ABOLITION OF THE DIVISIONAL ADVISORY COUNCILS AND EXECUTIVE ADVISORY COUNCIL ON CHILDREN, YOUTH AND THEIR FAMILIES AND THE ESTABLISHMENT OF THE ADVISORY COUNCIL FOR CHILDREN, YOUTH AND THEIR FAMILIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 90, Title 29 of the Delaware Code by deleting Sections 9008 and 9009 in their entirety and substituting in lieu thereof a new section 9008 to read as follows:

§9008. Advisory Council for Children, Youth and Their Families.

(a) There is hereby established an Advisory Council for Children, Youth and Their Families.

(b) The Advisory Council for Children, Youth and Their Families shall serve in an advisory capacity to the Secretary of the Department of Services for Children, Youth and Their Families. The duties of the Council shall include, but not be limited to, the following:

(1) Study, research and advise the Secretary on the development of family-centered services and further service integration within the Department;

(2) Review and advise the Secretary regarding the annual proposed budget for the Department;

(3) Recommend legislation to the Secretary to improve services for youth and their families;

(4) Provide input to the Secretary on the Department's long term strategic planning process;

(5) Identify the emerging needs of Delaware's youth and their families and help to plan changes required in the state's service delivery system.

(c) The Advisory Council shall be composed of 15 members who shall be appointed by the Governor. The terms of the new members shall be staggered. The first eight appointees shall serve for a term of two years. The remaining seven new members shall serve for a term of one year. Thereafter, all new appointees shall serve for a term of two years. No person shall serve for more than two consecutive terms. Persons serving two consecutive terms shall be eligible for reappointment after a one year absence.

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

(e) The Council shall be composed of 8 public members and 7 professional members. Public members are defined as persons not employed in a professional capacity with youth service agencies or organizations. Professional members are defined as employees of public and private youth service agencies or organizations or related governmental agencies.

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

(g) The Chairperson of the Council shall be responsible for submitting the Council's findings and recommendations to the Secretary of the Department. Any written inquiries or recommendations submitted by the Council shall be responded to in written form by the Secretary within 30 working days of receipt of the inquiries or recommendations. The Secretary shall either adopt or reject recommendations made by the Council and provide the Council with a written explanation for such a decision.

(b) 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. The Secretary shall provide the council with staff support.

(i) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.

Section 2. Amend Chapter 90, Title 29 of the Delaware Code by redesignating Sections 9010 through 9019 as Sections 9009 through 9018

Section 3. This Act shall take effect on July 1, 1990.

Approved July 18, 1990.