CHAPTER 283

FORMERLY

SENATE BILL NO. 265

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES.

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

Section 1. Amend Title 29, Section 9015 of the Delaware Code by redesignating subsection “(c)” as subsection “(e)”, and further by striking subsection (b) in its entirety and by substituting in lieu thereof the following:

“(b) Each fiscal year, pursuant to established methodology, the Secretary and the State Budget Office shall review projections on the number of child abuse and neglect cases and the number of child care facilities to be licensed and monitored for the next fiscal year. Based on these projections, the General Assembly shall fund, subject to a specific appropriation, funds and positions for the next fiscal year, beginning each July 1, to the Division of Family Services to provide:

(1) An adequate number of child protection investigation workers so that regional caseloads do not exceed 14 cases per fully functioning worker;

(2) An adequate number of child protection treatment workers so that regional caseloads do not exceed 18 cases per fully functioning worker;

(3) An adequate number of Family Service Supervisors so that there is one supervisor for every five workers;

(4) An adequate number of training positions, but not less than 15, to ensure that fully trained staff are always available to fill vacancies;

(5) An adequate number of licensing specialists for child care centers and family child care homes so that caseloads do not exceed 150 per specialist; and

(6) An adequate number of licensing specialists for 24-hour residential child care facilities so that caseloads do not exceed 30 per specialist;

(7) An adequate number of licensing supervisors so that there is one supervisor for every five workers.

In the event that regional caseloads exceed the above set standards during any fiscal year, the Budget Office shall, to the extent monies are available, authorize the use of casual seasonal positions as a temporary mechanism to ensure that caseloads remain within Delaware standards. Fully functioning workers are workers that are employed and working full-time, and do not include workers on extended medical leave, trainees who have not completed training or workers with restricted caseloads.

(c) In order to ensure the standards set forth in subsection (b) are maintained, the Secretary shall submit a quarterly report to the Governor, the Controller General and the Budget Director, with copies to the Chairpersons of the House of Representatives Committee on Health and Human Development, the Senate Committee on Children, Youth and Their Families, and the Child Protection Accountability Commission that details the above information both statewide and on a regional basis.

(d) For the purpose of retaining and attracting experienced investigation and treatment workers in the Division of Family Services, the Division may competitively recruit for Family Crisis Therapists in their investigation and treatment units. Current Division employees who successfully apply for these positions shall have their position reclassified to Family Crisis Therapist. Such reclassifications or reclassifications of vacant positions to Family Crisis Therapist shall be effective upon the approval of the State Personnel Director, Budget Director and Controller General. The Division is authorized to transfer positions between budget units in order to adjust its complement to ensure the correct number of fully functioning employees are in each functional unit of the Division. The Division shall submit a quarterly report to the Budget Director and the Controller General detailing any adjustments to the complement, the number of Family Crisis Therapists hired and retention statistics.”

Approved June 29, 2004