CHAPTER 381

FORMERLY

SENATE BILL NO. 353

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO DEPENDENT OR NEGLECTED CHILDREN AS WARDS OF THE STATE, AND TITLE 31 OF THE DELAWARE CODE RELATING TO DELINQUENT YOUTH.

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

Section 1 Amend Title 31 of the Delaware Code by striking Section 304 in its entirety and substituting in lieu thereof the following:

"§304 Dependent or neglected children deemed wards of State:, duty of Division

All dependent or neglected children, as defined in §301 of this Title, shall be considered, for the purpose of this subchapter, wards of the State and in need of care and protection, and the Division of Family Services shall exercise such duties as shall be necessary, proper and expedient for the supervision, care, custody, board and placement of dependent and neglected children. As used in this section, 'care' shall mean medical examination, medical treatment including surgical procedures and mental health treatment other than inpatient psychiatric hospitalization. If in the judgment of the Division payments are necessary, proper and expedient for the board of the child, such payments may be continued for children who were dependent or neglected but who have been legally adopted or whose guardianship has been granted to the individual caretaker by the Family Court of the State of Delaware."

Section 2 Amend §5106 (3), Title 31 of the Delaware Code by inserting the words "in the Department's legal custody" between the words "delinquent children" and the semicolon.

Section 1, Amend §5101 (6) by adding the following sentence thereto:

"Ordinary medical care shall mean medical examination, medical treatment including surgical procedures and mental health treatment other than inpatient psychiatric hospitalization".

Approved June 24, 1996