29 DE Code § 9011. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 90. Department of Services for Children, Youth and Their Families|§ 9011. Transfer of functions to Department.

§ 9011. Transfer of functions to Department. (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;