CHAPTER 116

FORMERLY

HOUSE BILL NO. 287

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE CHILD PROTECTION ACCOUNTABILITY COMMISSION.

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

Section 1. Amend § 912(a), Title 16 of the Delaware Code, by striking the number "16" as it appears in the second sentence thereof and by substituting in lieu thereof the number "19".

Section 2. Amend § 912(a), Title 16 of the Delaware Code, by striking the words "staffed by the Division" as they appear in the second sentence thereof and by substituting in lieu thereof the words "staffed by the Office of the Child Advocate".

Section 3. Amend § 912(a), Title 16 of the Delaware Code, by striking paragraphs (1) through (6) thereof and by substituting in lieu thereof the following:

"(1) The Secretary of Services for Children, Youth and Their Families, or his or her designee;

(2) The Director of the Division of Family Services, or his or her designee;

(3) Two representatives from the Attorney's General Office, designated by the Attorney General;

(4) Two members of the Family Court, designated by the Chief Judge;

(5) One member of the House of Representatives, designated by the Speaker of the House;

(6) One member of the Senate, designated by the President Pro Tempore of the Senate;

(7) The Chair of the Child Placement Review Board, or his or her designee;

(8) The Secretary of the Department of Education, or his or her designee;

(9) The Director of Child Mental Health Services, or his or her designee;

(10) Eight at-large members with 1 person from the medical community, 1 person from the Interagency Committee on Adoption who works with youth engaged in the foster care system, 2 persons from law enforcement agencies, and 4 persons from the child protection community."

Section 5. Amend § 912, Title 16 of the Delaware Code, by striking subsection (b) in its entirety and by substituting in lieu thereof the following:

"(b) The Child Advocate shall serve as the Executive Director of the Commission to effectuate its purposes pursuant to 29 Del. C. Chapter 90A. It shall be the purpose of the Commission to monitor Delaware's child protection system to best ensure the health, safety and well-being of Delaware's abused, neglected and dependent children. To that end, the Commission shall meet on a quarterly basis and shall:

(1) Examine and evaluate the policies, procedures, and effectiveness of the child protection system and make recommendations for changes therein, focusing specifically on the respective roles in the child protection system of the Division of Family Services, the Division of Child Mental Health Services, the Office of the Attorney General, the Family Court, the medical community, and law enforcement agencies;

(2) Recommend changes in the policies and procedures for investigating and overseeing the welfare of abused, neglected and dependent children;

(3) Advocate for legislation and make legislative recommendations to the Governor and General Assembly;

(4) Access, develop and provide quality training to staff of the Division of Family Services, Deputy Attorneys General, Family Court, law enforcement officers, the medical community, educators, day-care providers, and others on child protection issues;

(5) Review and make recommendations concerning the well-being of Delaware's abused, neglected and dependent children including, but not limited to, issues relating to foster care, adoption, mental health services, victim services, education, rehabilitation, substance abuse, and independent living;

(6) Provide the following reports to the Governor:

a. An annual summary of the Commission's work and recommendations, including work of the Office of the Child Advocate, with copies thereof sent to the Governor's Advisory Council for Children, Youth, and Their Families for their consideration and comment; and

b. A quarterly written report of the Commission's activities and findings with copies thereof distributed to the Chairpersons of the House of Representatives Committee on Health and Human Development and the Senate Committee on Children, Youth and Their Families."

Approved July 09, 2001