(a) The General Assembly finds and declares that parents have the primary responsibility for meeting the needs of their children and the State has an obligation to help them discharge this responsibility or to assume this responsibility when parents are unable to do so; while the State has a basic obligation to promote family stability and preserve the family as a unit, and protect and safeguard the well-being of children through the provision of a comprehensive program of social services and facilities for children and their families who require care, guidance, control, protection, treatment, rehabilitation or confinement.

(b) The General Assembly hereby declares that the purpose of this chapter and the policy of the State is to achieve the consolidation of services to children, youth and their families within the jurisdiction of a single agency in order to avoid fragmentation and duplication of services and to increase accountability for the delivery and administration of these services; to plan, develop, and administer a comprehensive and unified service delivery system to abused, neglected, dependent, delinquent and mentally ill or emotionally disturbed children and youth within a continuum of care, which shall include the involvement of their family, within the least restrictive environment possible but consistent with the child’s health and safety; to emphasize preventive services to children, youth and their families, in order to avoid the costs to the State of individual and family instability; and to create and maintain a developmentally appropriate, comprehensive program that fully integrates transitional and independent living services from ages 14 to 23 and that will assist youth with their successful transition into adulthood.

64 Del. Laws, c. 108, §§  1, 14;  71 Del. Laws, c. 199, §§  7-9;  79 Del. Laws, c. 185, §  2;  83 Del. Laws, c. 300, § 2; 

There is hereby reestablished the Department of Services for Children, Youth and Their Families hereinafter referred to as the “Department.”

64 Del. Laws, c. 108, §§  1, 14; 

(a) The Department of Services for Children, Youth and Their Families has the following powers, duties, and functions:

(1) To provide to children, youth, and their families a comprehensive and effective statewide program of services for children and youth who have been committed to the Department or placed in the care of the Department by the Court, referred to the Department by parents, agencies, or other individuals, or who have otherwise voluntarily applied to the Department for services.

(2) To provide services to children, youth, and their families to prevent children and youth from becoming abused, neglected, dependent, and delinquent, as defined under existing law, and to prevent mental illness and emotional disorders among children and youth.

(3) a. To provide for a variety of facilities and services to children, youth, and their families which includes the following:

1. Protective services.

2. Preplacement, preventive services, and reunification services.

3. Home-based services.

4. Mental health outpatient services.

5. Drug and alcohol outpatient services.

6. Residential and institutional facilities.

7. Probation, aftercare, and follow-up services.

8. Adoption and permanent placement services.

9. Evaluation, diagnostic, and treatment services.

10. Foster care services.

11. Independent and transitional living services.

12. A continuum of residential mental health services, which includes inpatient psychiatric hospitalization for all children requiring such care, mental health residential treatment centers, and specialized mental health treatment services in other group-care facilities and foster homes.

b. The Division of Family Services will provide family preservation services to those families whose children are at imminent risk of out-of-home placement when it has determined that out-of-home placement can be avoided; provided, however, that the Division’s highest priority in cases of abuse and neglect where an investigation is required pursuant to § 906 of Title 16 is the health and safety of the child and nothing herein will prevent the Division from removing a child from the child’s home when it has determined that the child’s safety and well-being may be jeopardized by remaining in the family home.

(4) To prepare and maintain a written case plan for each child under its supervision or custody, which must include a description of the child’s needs, the care and treatment of the child, and any other services to be provided to the child and the child’s family; each case plan must be designed to achieve any placement of the child outside of the child’s home in the least restrictive setting available and in close proximity to the child’s home, consistent with the best interests and special needs of the child.

(5) To conduct a written review at least every 6 months of the case plan for each child under its supervision or custody for the purpose of determining whether the plan is appropriate.

(6) To develop a central case management system which provides coordinated information on client progress, including the client’s entry and exit from the system, assessment of the client’s needs, development and review of the case plan, and evaluation and monitoring of the client’s progress.

(7) To approve, license, and monitor foster homes to ensure appropriate care for children and youth in foster care.

(8) To supervise the provision of education in all facilities operated by the Department, with the Education Unit of the Department being considered a local education agency only for purposes of:

a. Any federal, state, or private loan forgiveness programs available to educators.

b. Any federal, state, or private competitive grant made available to, and awarded directly to, local education agencies, provided that any specific qualifying requirements are met.

c. Credits issued for youth who complete the requirements for credit-bearing courses provided through the Education Unit in the Department and credits for youth returning from placement by the Department.

(9) To monitor and evaluate all aspects of its service delivery system and document the need for or degree of compliance with standards, policies, and procedures adopted by the Department.

(10) To administer the Interstate Compact on Juveniles and the Interstate Compact on Child Placement.

(11) To establish, implement, and follow procedures and standards compatible with due process of law with respect to the removal of a child from the child’s home, a change in the placement of a child who is under the supervision or custody of the Department, and any other actions by the Department that may affect the legal rights of a child and the child’s family.

(12) To provide or contract with public and private agencies in this State and other states for facilities and services necessary to achieve the purposes of this chapter.

(13) To provide or contract for services designed to maintain or provide permanent homes for children who are in out-of-home care, through the provision of adoption services or, whenever feasible, reunification services for children and their families.

(14) To develop, administer, implement, and provide or contract a developmentally appropriate, comprehensive program that fully integrates transitional and independent living services such as financial stability, housing supports, medical, employment and training, education, and connection to resources and individuals, until age 23 and that will assist youth with their successful transition to adulthood, subject to appropriation.

(15) To develop and implement rules, regulations, standards, and policies governing the internal operation and administration of the Department and provision of services.

(16) To exercise the authority and power to administer protective, mental health, correctional, and probation services to children presently delegated by law to the Department of Health and Social Services, Division of Mental Health; Department of Correction, Bureau of Juvenile Correction; Family Court; and previously delegated by law to the Department of Health and Social Services, Division of Child Protective Services.

(17) To certify annually on January 31 to the Governor and the General Assembly that the mixing of adjudicated and nonadjudicated youths shall not take place in the Ferris School.

(18) Provide feminine hygiene products to youth at no cost in facilities maintained by the Department. For purposes of this paragraph, “feminine hygiene products” means tampons and sanitary napkins, for use in connection with the menstrual cycle.

(19) To exercise all other powers necessary and proper for the discharge of its duties.

(20) Shall devise and adopt a body-worn camera policy that shall meet or exceed the standards established by the Police Officer Standards and Training Commission by regulation.

(b) (1) For purposes of this subsection, “conversion therapy” means any practice or treatment that seeks to change an individual’s sexual orientation or gender identity, as “sexual orientation” and “gender identity” are defined in § 710 of Title 19, including any effort to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. For purposes of this subsection, “conversion therapy” does not mean any of the following:

a. Counseling that provides assistance to an individual who is seeking to undergo a gender transition or who is in the process of undergoing gender transition.

b. Counseling that provides an individual with acceptance, support, and understanding without seeking to change an individual’s sexual orientation or gender identity.

c. Counseling that facilitates an individual’s coping, social support, and identity exploration and development, including counseling in the form of sexual orientation-neutral interventions or gender identity-neutral interventions provided for the purpose of preventing or addressing unlawful conduct or unsafe sexual practices, without seeking to change an individual’s sexual orientation or gender identity.

(2) The Department may not engage in conversion therapy with a child or recommend that a child receive conversion therapy.

64 Del. Laws, c. 108, §§  1, 14;  65 Del. Laws, c. 211, §§  1, 2;  69 Del. Laws, c. 352, §  1;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 198, §  1;  71 Del. Laws, c. 199, §  10;  71 Del. Laws, c. 301, §  1;  73 Del. Laws, c. 310, §  19;  79 Del. Laws, c. 185, §  3;  80 Del. Laws, c. 64, §  1;  81 Del. Laws, c. 340, § 13;  81 Del. Laws, c. 436, § 2;  83 Del. Laws, c. 83, § 4;  83 Del. Laws, c. 280, § 8;  83 Del. Laws, c. 300, § 2;  84 Del. Laws, c. 149, § 12;  84 Del. Laws, c. 233, § 62; 

(a) The administrator and head of the Department shall be the Secretary of the Department of Services for Children, Youth and Their Families, who shall be a person qualified by training and experience to perform the duties of this office. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor and receive a salary to be determined by the Governor. The Secretary of the Department of Services for Children, Youth and Their Families shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.

(b) If the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the positions of Deputy Secretary and Division Directors as are vacant. The Deputy Secretary and Directors so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, the Deputy Secretary and Directors may be removed from office by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity, or removal of the Secretary and before the appointment of a successor, the Governor may appoint a person to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during an absence or incapacity or until a successor is duly qualified and appointed.

64 Del. Laws, c. 108, §§  1, 14;  69 Del. Laws, c. 352, §§  2, 3;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  10;  82 Del. Laws, c. 89, § 1; 

(a) The administrator and head of the Department is the Secretary of the Department of Services for Children, Youth and Their Families (“Secretary”), who must be a person qualified by training and experience to perform the duties of this office.

(1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.

(2) The Secretary is to receive an annual salary as determined by the General Assembly in the annual appropriations act.

(3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.

(b) If the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the positions of Deputy Secretary and Division Directors as are vacant. The Deputy Secretary and Directors so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, the Deputy Secretary and Directors may be removed from office by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity, or removal of the Secretary and before the appointment of a successor, the Governor may appoint a person to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during an absence or incapacity or until a successor is duly qualified and appointed.

64 Del. Laws, c. 108, §§  1, 14;  69 Del. Laws, c. 352, §§  2, 3;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  10;  82 Del. Laws, c. 89, § 1;  84 Del. Laws, c. 455, § 15; 

The Secretary shall:

(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;

(2) Appoint and determine the salary, with the written approval of the Governor, of the following individuals who may be removed from office by the Secretary with the written approval of the Governor, and who shall have such powers, duties and functions in the administration and operation of the Department that may be assigned by the Secretary:

a. A director of the Division of Family Services who shall be known as the Director of Family Services;

b. A director of the Division of Prevention and Behavioral Health Services who shall be known as the Director of Prevention and Behavioral Health Services;

c. A director of the Division of Youth Rehabilitative Services who shall be known as the Director of Youth Rehabilitative Services;

d. A director of the Division of Management Services who shall be known as the Director of Management Services; and

e. A deputy secretary of the Department who shall be known as the Deputy Secretary of the Department of Services for Children, Youth and Their Families;

(3) Appoint the following administrators and any additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law:

a. An administrator of the Office of Case Management who shall be known as the Administrator of Case Management; and

b. An administrator of the Office of Prevention who shall be known as the Administrator of Prevention;

(4) Establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that all powers, duties and functions required and assigned by law to the Department shall be provided for and maintained;

(5) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical and other services and facilities from public and private agencies in this State and other states, whenever the same shall be deemed by the Secretary to be necessary in the performance of the functions of the Department. All necessary legal services shall be provided pursuant to Chapter 25 of this title;

(6) Delegate any of the Secretary’s powers, duties or functions to a division, except the power to remove employees of the Department or to determine their compensation;

(7) Establish and promulgate such rules and regulations governing the services and programs of the Department and such other rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the federal and state law;

(8) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

(9) Adopt an official seal or seals for the Department;

(10) Prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly as directed under this chapter;

(11) Coordinate the activities of the Department with those of other state departments and private agencies concerned with providing services for children and their families;

(12) Make such reports in such form and containing such information as the federal government may require in order to obtain federal aid and comply with such provisions as the federal government may find necessary to assure the correctness and verification of such reports;

(13) Devise and adopt a plan to provide for the use of weapons by specialized juvenile probation and parole officers. The plan shall require such officers to successfully complete a psychological evaluation and a course of instruction in weapons training and safety, to carry a firearm while at work in the field. Said course of instruction shall meet or exceed the standards established by the Police Officer Standards and Training Commission and any other training and education determined by the Department of Services for Children, Youth and Their Families;

(14) Have any and all other powers and duties as are necessary to administer the powers, duties and functions of the Department and implement the purposes of this chapter.

64 Del. Laws, c. 108, §§  1, 14;  69 Del. Laws, c. 352, §§  4, 5;  72 Del. Laws, c. 224, §  1;  76 Del. Laws, c. 130, §  1;  77 Del. Laws, c. 327, §  210(a);  79 Del. Laws, c. 283, §  2;  82 Del. Laws, c. 89, § 2;  84 Del. Laws, c. 149, § 12; 

The following Divisions and other major organizational units are hereby created within the Department of Services for Children, Youth and Their Families:

(1) The Division of Family Services which shall be responsible for the provision of child protective, placement, treatment, prevention, adoption and related services;

(2) The Division of Prevention and Behavioral Health Services which shall be responsible for the provision of prevention, outpatient and residential mental health, and drug and alcohol treatment services for children and youth;

(3) The Division of Youth Rehabilitative Services which shall be responsible for the provision of detention, institutional care, probation, aftercare and prevention services for children and youth;

(4) The Division of Management Services which shall be responsible for administering and coordinating fiscal affairs, record keeping, personnel, accounting and purchasing, and other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department;

(5) The Office of Case Management which shall be responsible for monitoring case management among the divisions within the Department. This Office shall have the authority to assign case management responsibility to one of the service divisions whenever necessary;

(6) The Office of Prevention which shall have the responsibility for providing training, public education and consultation services aimed at preventing child abuse, dependency, neglect, juvenile delinquency, mental health disorders and drug and alcohol abuse among children and youth.

64 Del. Laws, c. 108, §§  1, 14;  69 Del. Laws, c. 352, §§  6-11;  77 Del. Laws, c. 327, §  210(a); 

All of the following positions are exempt from Chapter 59 of this title:

(1) Secretary of the Department of Services for Children, Youth and Their Families.

(2) Deputy Secretary of the Department of Services for Children, Youth and Their Families.

(3) Director of Family Services.

(4) Director of Prevention and Behavioral Health Services.

(5) Director of Youth Rehabilitative Services.

(6) Director of Management Services.

(7) Deputy Directors and private secretaries as provided in Chapter 59 of this title.

64 Del. Laws, c. 108, §§  1, 14;  69 Del. Laws, c. 352, §  12;  77 Del. Laws, c. 327, §  210(a);  82 Del. Laws, c. 89, § 3; 

64 Del. Laws, c. 108, §  14;  65 Del. Laws, c. 168, §  1;  67 Del. Laws, c. 398, §  1;  70 Del. Laws, c. 140, §§  1, 2;  70 Del. Laws, c. 186, §  1;  repealed by 78 Del. Laws, c. 229, § 1, eff. Apr. 19, 2012.; 

As of the effective date of this chapter, the Department shall have the power to perform and shall be responsible for the performance of all powers, duties and functions relating to the provision of child protective services, child mental health services, youth correctional services and youth probation services heretofore vested by law in the Department of Health and Social Services, Division of Mental Health and Division of Child Protective Services, the Department of Correction, Bureau of Juvenile Correction and Family Court. These powers, duties and functions shall include, but are not limited to, the following:

(1) The powers and duties of the Division of Child Protective Services, Department of Health and Social Services, prescribed in Chapter 9 of Title 16, subchapters I, II, III, IV, V of Chapter 3 of Title 31 and Chapter 27 of Title 31; and Chapters 9 and 11 of Title 13;

(2) The powers and duties of the Bureau of Juvenile Correction, Department of Correction, prescribed in Chapters 51, 52 and 53 of Title 31;

(3) The powers and duties of the Division of Mental Health, Department of Health and Social Services that pertain to the provision of mental health services to children and youth, as prescribed in Chapter 53 of Title 16 [repealed]; and

(4) The powers and duties of the Department of Services for Children, Youth and Their Families, prescribed in Chapter 90 of this title.

64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2;  84 Del. Laws, c. 201, § 5; 

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division, subdivision or office thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such functions is transferred and each such appeal shall be perfected in the manner heretofore provided by law.

64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2; 

(a) All property, including all books, records, papers, maps, charts, plans, equipment and other materials owned by or in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department shall, on the effective date of this chapter, be delivered into the custody of the Department. All investigations, petitions, hearings, and legal proceedings pending before, or instituted by or against, any agency from which functions are transferred by this chapter and which are not concluded prior to the effective date of this chapter shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred by this chapter and which govern such functions, and which are in effect upon the effective date of this chapter, shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred by this chapter to the Department and being in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Department.

(b) (1) All facilities, institutions, resources, property and equipment of such facilities or institutions which are used for children and specifically Ferris School for Boys, Woods Haven-Kruse School for Girls, Bridge House, Stevenson House and Terry Children’s Psychiatric Center, now under the administrative control of the Department of Health and Social Services and Department of Correction; and all authority, duties and responsibilities respecting such facilities and institutions, and their administration, control, conduct and operation which, prior to the effective date of this chapter, was vested in the Department of Health and Social Services and Department of Correction, or any other department, agency, bureau, division or office of the State, are hereby transferred to the Department of Services for Children, Youth and Their Families.

(2) The Department of Health and Social Services shall continue to provide the maintenance, utilities and other support services, as defined by the Budget Director, for the facilities known as the Governor Bacon Health Center Children’s Village. All resources and equipment associated with these facilities, now under the administrative control of the Department of Health and Social Services, are hereby transferred to the Department of Services for Children, Youth and Their Families.

(c) All children who, on the effective date of this chapter, are under the supervision, care or protection or in the custody of the Department of Health and Social Services, Department of Services for Children, Youth and Their Families, Division of Child Protective Services, Division of Mental Health or the Department of Correction, Bureau of Juvenile Correction, or have been placed on probation under Family Court supervision shall be deemed to be under the supervision, care or protection, or in the custody of the Department of Services for Children, Youth and Their Families as of the effective date of this chapter.

(d) Employees of any commission, bureau, department, division or agency whose functions are consistent with this chapter and who have been transferred to the Department of Services for Children, Youth and Their Families by this chapter, shall continue and be deemed to be the employees of the Department on the effective date of this chapter, and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.

(e) All youth probation counselors who are employed by the Family Court and any other individuals who are otherwise employed by the Family Court in connection with the provision of youth probation services and any authorized positions for the same shall be transferred to the Department and deemed to be employees of the Department on the effective date of this chapter, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.

(f) All definitions and references to any commission, board, department, council, division or agency which appear in any other act or law shall, to the extent that they are consistent with this chapter and in connection with a function transferred by this chapter to the Department or to any subdivision thereof or to any council or office created by this chapter, be construed as referring and relating to the Department of Services for Children, Youth and Their Families as created and established by this chapter.

(g) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.

(h) The Secretary of the Department and Division Directors who hold such position just prior to the effective date of this chapter shall be and continue to act in their respective capacities until death, resignation or removal. The purpose is to transfer all functions of the existing Department into the new Department.

64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2;  70 Del. Laws, c. 186, §  1; 

Notwithstanding any other provision of state law, any sums appropriated to any division, commission, department, council, agency or person affected by this chapter and any funds appropriated for the provision of child protective services, child mental health services, youth correctional services and youth probation services which, on the effective date of this chapter, are unencumbered, encumbered or unexpended and any authorized positions affected by this chapter shall be and are hereby appropriated and transferred to the Department of Services for Children, Youth and Their Families. The Budget Director and the Controller General are hereby authorized and directed to make such transfers of funds and positions as may be required to carry out this chapter.

64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2; 

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department’s operations and render such other reports as the Governor or General Assembly may request or as may be required by law.

64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2; 

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or agency, from which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2; 

(a) The Secretary, in cooperation with the Department directors and office administrators, shall prepare a proposed budget for the operation of the Department to be submitted for the consideration of the Governor and the General Assembly. The Department must operate within the limitation of the annual appropriation and any other funds appropriated by the General Assembly.

(b) Each fiscal year, pursuant to established methodology, the Secretary and the Office of Management and Budget shall review projections on the number of child abuse and neglect cases 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 11 cases per fully functioning worker.

(2) An adequate number of child protection treatment workers so that regional caseloads do not exceed 12 cases per fully functioning worker.

(3) An adequate number of Family Service supervisors so that there is 1 supervisor for every 5 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)-(7) [Repealed.]

In the event that regional caseloads exceed the above set standards during any fiscal year, the Office of Management and Budget shall, to the extent moneys 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) of this section are maintained, the Secretary shall submit a quarterly report to the Governor, the Controller General, and the Director of the Office of Management and Budget, 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 are effective upon the approval of the Secretary of the Department of Human Resources, the Director of the Office of Management and Budget, and the 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 Secretary of the Department of Human Resources, the Director of the Office of Management and Budget, and the Controller General detailing any adjustments to the complement, the number of Family Crisis Therapists hired, and retention statistics.

(e) Special funds may be used in accordance with approved programs, grants, and appropriations.

(f) The Department is authorized to provide funding for youth who have attained the age of 18 but are less than 23 years of age, by payment of foster care supports specifically related to housing, by direct youth stipends and/or to other public or private agencies to provide transitional and independent living services to youth. The Department shall establish policies for eligibility for direct youth stipends that shall require youth accountability, financial literacy, and attainment of self-sufficiency benchmarks. Funds appropriated for the purpose of supporting youth who are eligible for independent living services must be used to support those youth.

64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2;  71 Del. Laws, c. 475, §  1;  74 Del. Laws, c. 283, §  1;  75 Del. Laws, c. 88, §§  20(6), 21(13), 26(2);  76 Del. Laws, c. 169, §  1;  79 Del. Laws, c. 185, §  4;  81 Del. Laws, c. 66, §  58;  83 Del. Laws, c. 280, § 8;  83 Del. Laws, c. 300, § 2;  84 Del. Laws, c. 43, § 1; 

(a) The Secretary may appoint qualified persons to be special investigators for the Department. Such investigators shall hold office at the pleasure of the Secretary. Any person appointed pursuant to this section shall have a minimum of 10 years experience as a “police officer,” as that term is defined in § 1911(a) of Title 11, significant investigatory experience while working as a police officer, shall be in good standing with the previous or present law-enforcement agency where such person is or was employed, and shall have such other qualifications deemed appropriate by the Secretary.

(b) Special investigators appointed under this section may conduct investigations of child abuse, neglect, or risk of maltreatment anywhere in this State as directed by the Secretary or the Secretary’s designee and shall have the power to make arrests and serve writs anywhere in this State. Special investigators shall have statewide powers as enumerated under § 1911 of Title 11 and such other powers as conferred by law on police officers, constables and other law-enforcement personnel. Notwithstanding the above, special investigators under this section shall not have the authority to take custody of a child unless pursuant to an order from the Family Court or in conjunction with the law-enforcement agency charged with jurisdiction over the case. To the extent possible, special investigators under this section shall consult with the police agency of jurisdiction and the Secretary or Secretary’s designee before making an arrest and shall do so in all cases after making any such arrest.

(c) Special investigators under this section shall have the authority to take custody of a child pursuant to an order from the Family Court or in conjunction with the law-enforcement agency charged with jurisdiction over the case. Special investigators may enter private property while taking custody of a child under this section. To the extent possible, special investigators under this section shall consult with the police agency of jurisdiction and the Secretary or Secretary’s designee before making an arrest and shall do so in all cases after making any such arrest.

(d) The salary of special investigators shall be fixed by the Secretary within the appropriations made to the Department.

(e) Special investigators will assist in the training of other Division staff.

71 Del. Laws, c. 199, §  11;  78 Del. Laws, c. 266, §  21;  82 Del. Laws, c. 89, § 4;  83 Del. Laws, c. 461, § 6; 

(a) In the course of performing its functions as enumerated in this chapter, the Department shall be entitled to inspect and copy all records regarding any children in the care, supervision, protection or custody of the Department and their parents, guardians, caretakers or custodians which are maintained and controlled by the Department of Health and Social Services.

(b) The Department shall have the discretion to release information from its records to public and private agencies if it determines that such release will serve the best interest of children in its care.

(c) The Department shall cause to be submitted to the State Bureau of Identification (SBI) information as may be required to comply with federal laws and regulations relating to background checks for the purchase and transfer of firearms. The information must include only names and other nonclinical identifying information. The SBI shall transmit the information, as may be required by law, to the FBI for use in its National Instant Criminal Background Check System (NICS).

(d) In releasing the aforementioned records pursuant to this section, the Department and the Department of Health and Social Services and their employees shall have immunity from any civil or criminal liability.

(e) This section shall not be construed to override any confidentiality provisions provided under state or federal law which govern any records in the control of the Department of Health and Social Services, including but not limited to, the following statutes: §§ 157, 702, 1121(b)(9) and 5161(a)(7) of Title 16; and § 2802 of Title 31.

64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2;  71 Del. Laws, c. 199, §  11;  78 Del. Laws, c. 137, §  14;  81 Del. Laws, c. 206, § 24;  83 Del. Laws, c. 330, § 7; 

All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.

64 Del. Laws, c. 108, §  14;  67 Del. Laws, c. 398, §  2;  71 Del. Laws, c. 199, §  11; 

(a) Any person liable for the support of a child under any law of this State shall be liable for the care, maintenance and support furnished to a child committed or admitted to any service provided by the Department of Services for Children, Youth and Their Families.

(b) The Department of Services for Children, Youth and Their Families may collect from any such person all moneys necessary to discharge and pay all liability of such child for the child’s care, maintenance and support; provided, however, that such liability is based upon ability to pay and in accordance with § 7940 of this title.

(c) The Department of Services for Children, Youth and Their Families may also proceed for the recovery of the moneys necessary for care, maintenance and support in an action to be brought in any court of competent jurisdiction in the name of the Department.

(d) All fees collected under this section shall be deposited into the General Fund.

65 Del. Laws, c. 211, §  3;  67 Del. Laws, c. 70, §§  1-3;  67 Del. Laws, c. 398, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 138, §  11; 

(a) The Department is authorized and required to conduct drug testing as set forth in this section of any employee or prospective employee accepting a safety, security-sensitive, or child care position, as determined by policy and regulations adopted by the Department. The following apply to drug testing by the Department:

(1) Preemployment testing. —

The Department shall test an applicant for employment as a safety, security-sensitive, or child care employee for the use of a drug specified in subsection (b) of this section.

(2) Random testing. —

A safety, security-sensitive, or child care employee is subject to random testing for illegal use of a drug specified in subsection (b) of this section.

(3) Reasonable suspicion testing. —

The Department may conduct a drug test based on a reasonable suspicion that a safety, security-sensitive, or child care employee is impaired by a drug specified in subsection (b) of this section.

(b) (1) An individual employed by, or applicant offered employment with, the Department as a safety, security-sensitive, or child care employee shall submit to drug testing required under subsection (a) of this section and regulations adopted by the Department.

(2) The Department may adopt regulations to implement and enforce this section. The Department shall adopt regulations that require drug testing for the following drugs:

a. Marijuana or cannabis.

b. Cocaine.

c. Opiates.

d. Phencyclidine (“PCP”).

e. Amphetamines.

f. Any other controlled substances or controlled prescription drugs specified by the Department in the regulations adopted under this section.

(c) Conditional hire. —

Notwithstanding paragraph (a)(1) of this section, the Department may hire an applicant on a conditional basis before receiving the results of the drug test required under paragraph (a)(1) of this section if the Department receives evidence confirming the applicant submitted to the required drug test. The final employment of an applicant conditionally hired under this subsection is contingent on the Department’s receipt of satisfactory results of the required drug test.

(d) (1) The Department shall adopt policies and procedures for imposing sanctions on a safety, security-sensitive, or child care employee who wilfully refuses to submit to random or reasonable suspicion testing or whose drug test indicates that the employee has illegally used or consumed a drug specified in subsection (b) of this section.

(2) The sanctions imposed under paragraph (d)(1) of this section may include referral to the State’s Employee Assistance Program, suspension, or termination.

(3) An employee may not be sanctioned when the employee has used or consumed the drug detected according to the directions and terms of a lawfully-obtained prescription for the drug.

77 Del. Laws, c. 270, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 278, § 1;