SENATE BILL NO. 230
AN ACT TO AMEND TITLE 13 AND 16 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF PARENTAL RIGHTS, AND THE REPORTING OF ABUSE OR NEGLECT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend §1103(a)(4)(a) of Title 13, Delaware Code, by deleting the text in that subparagraph and substituting in lieu thereof the following:
“Committed a felony level offense against the person, as described within subchapter II of Chapter 5 of Title 11, in which the victim was a child; or”.
Section 2. Amend §1103(a)(4) of Title 13, Delaware Code, by adding a new subparagraph d. to read as follows:
“d. committed the felony level offense of Endangering the Welfare of a Child as set forth in §1102 of Title 11 of the Delaware Code.”
Section 3. Amend Section 902, Title 16, Delaware Code, by redesignating the current subsections (7) through (12) as (8) through (13), and adding a new subsection (7) to read as follows:
“(7) ‘good faith’ shall be presumed in the absence of evidence of malice or willful misconduct.”
Section 4. Amend Section 903, Title 16, Delaware Code, by deleting the word “reasonably” and substituting in lieu thereof the words “in good faith”, and by adding a second sentence to read as follows:
“In addition to and not in lieu of reporting to the Division of Family Services, any such person may also give oral or written notification of said knowledge or suspicion to any police officer who is in the presence of such person for the purpose of rendering assistance to the child in question or investigating the cause of the child’s injuries or condition.”
Section 5. Amend Section 908, Title 16, Delaware Code by adding the words “or notifying police officers” after the word “report” in the first sentence thereof.
Approved July 16,1999