CHAPTER 133

FORMERLY

HOUSE BILL NO. 41

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 51 AND 53 OF TITLE 31, DELAWARE CODE RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES OVER THE FERRIS SCHOOL FOR BOYS AND THE WOODS HAVEN SCHOOL FOR GIRLS.

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

Section 1. Amend §5106 (8) of Chapter 51, Title 31, Delaware Code by striking the semicolon ";" immediately following the word "juvenile" and inserting in lieu thereof a period ". and further inserting the following language before the word "and" "Powers inconsistent with this chapter shall include without limitation the power to sue and be sued or to implead or be impleaded in all courts of law and equity;"

Section 2. Amend §5106, Chapter 51, Title 31, Delaware Code by adding a new subsection (10) to read as follows:

"(10) Notwithstanding prior enactments accepting the Ferris School for Boys as a State operated facility, nothing contained therein or in any other law was intended by the General Assembly to constitute a waiver of sovereign immunity for the Ferris School for Boys."

Section 3. Amend §5302(b), Chapter 53, Title 31, Delaware Code by striking paragraphs (1) and (2) in their entirety and renumbering paragraphs (3), (4), (5) and (6) as paragraphs (1), (2), (3) and (4).

Section 4. Amend §5302(b), Chapter 53, Title 31, Delaware Code by adding thereto a new paragraph 5 to read as follows:

"(5) Notwithstanding prior enactments accepting the Woods Haven School for Girls as a State operated facility, nothing contained therein or in any other law was intended by the General Assembly to constitute a waiver of sovereign immunity for the Woods Haven School for Girls,

Approved July 12, 1993.