CHAPTER 440

FORMERLY

SENATE BILL NO. 378

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9, TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE OF CHILDREN.

WHEREAS, child sexual abuse is a large and underreported problem; and

WHEREAS, child sex offenders are often serial offenders who seek legitimate access to children; and

WHEREAS, child sex offenders have often been known to seek employment at facilities and organizations whose primary concern is that of child welfare and care; and

WHEREAS, such child care facilities have a legitimate need to be aware of pending and adjudicated charges relating to the child sex abuse offenses lodged against any of their employees.

NOW THEREFORE:

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

Section I. Amend Chapter 9, Title 16, Delaware Code by adding a second paragraph to section 901 as follows:

"Section 901. PURPOSE.

It shall further be the purpose of this chapter to provide for the protection of all children in facilities or organizations required to be licensed under Delaware law whose primary concern is that of child welfare and care by requiring the Attorney General to notify any such facility in cases where an employee of such a facility or any other person associated with such facility has been charged with or convicted of an offense involving child sexual abuse."

Section II. Amend Chapter 9, Title 16, Delaware Code by designating what is now Section 905 subparagraphs (b) and (c) as "(c)" and "(d)" and inserting a new paragraph (b) as follows:

"(b) In the event that a criminal prosecution for child sexual abuse or exploitation is initiated by the Department of Justice against one employed by or associated with a facility or organization required to be licensed or whose staff personnel are required to be licensed under Delaware law whose primary concern is that of child welfare and care, the Attorney General shall notify such employer within 48 hours:

(2) Upon the return of an indictment charging such employee with having committed at least one (1) felony offense involving an allegation of child sexual abuse; or

(1) Upon an adjudication of guilty for any misdemeanor or
violation, when such offense involved sexual abuse, however slight, of a child under the age of 18.

Any violations of this subsection shall be dealt with administratively by the Attorney General and the penalty provisions of Section 909 shall not apply hereto."

Approved July 22, 1992.