CHAPTER 336

FORMERLY

HOUSE BILL NO. 376

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE OF CHILDREN.

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

Section 1. Amend § 902, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 902. Definitions.

As used in this chapter, the following terms mean:

(14) “Investigation Coordinator” shall mean a Department employee, appointed by the Secretary, who is responsible for tracking authorized to independently track each reported case of alleged child abuse or neglect within the Department’s internal information system, and who is responsible for monitoring within the Department's multidisciplinary tracking system each reported case involving the death of, or serious physical injury to, a child, or allegations of sexual abuse of a child, from inception to final criminal and civil disposition.

Section 2. Amend § 906, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 906. State response to reports of abuse or neglect.

(c)(1) In implementing the Investigation Coordinator's role in the child protection system, the Investigation Coordinator, or the Investigation Coordinator's designee, shall:

(1) a. Track Have the authority to track within the Division's Department’s internal information system each reported case of alleged child abuse or neglect;

(2) b. Monitor within the Department's multidisciplinary tracking system each case involving the death of, serious physical injury to, or allegations of sexual abuse of a child from inception to final criminal and civil disposition, and provide reports information every 30 days 60 days on the status of each case to the Division, the Department, the Delaware Department of Justice, the Children’s Advocacy Center, and the Office of Child Advocate;

(3) c. Within 2 working days 5 business days of the receipt of a report concerning allegations of child abuse or neglect by a person known to be licensed or certified by a Delaware agency or professional regulatory organization, forward a report of such allegations to the appropriate Delaware agency or professional regulatory organization;

(4) d. Report every case involving the death or near death of a child due to abuse or neglect to the Child Death, Near Death and Stillbirth Commission pursuant to § 323(e) of Title 31; and

(5) e. Provide information to the Child Protection Accountability Commission ("CPAC"), as requested by CPAC, regarding the status, trends, and outcomes of any case or cases of child abuse or neglect that are reported to the Division. Reports to CPAC shall not disclose the identities of the child, alleged perpetrators, or others involved in the case or cases.

(2) All information and records received, prepared, or maintained by the Investigation Coordinator, or the Investigation Coordinator’s designee, are confidential and shall be exempt from the provisions of the Freedom of Information Act, Chapter 100 of Title 29. However, the disclosure of case specific data and information to the multidisciplinary team is authorized to ensure a comprehensive, integrated, multidisciplinary response to child abuse cases.

(3) The Investigation Coordinator, and the Investigation Coordinator’s designee, as state employees, are entitled to immunity in accordance with § 4001 of Title 10.

Approved July 21, 2014