16 DE Code § 906. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 906. State response to reports of abuse or neglect.

§ 906. State response to reports of abuse or neglect. (a) The State's child protection system shall seek to promote the safety of children and the integrity and preservation of their families by conducting investigations or family assessments in response to reports of child abuse or neglect. The system shall endeavor to coordinate community resources and provide assistance or services to children and families identified to be at risk, and to prevent and remedy child abuse and neglect. (b) It is the policy of this State that the investigation and disposition of cases involving child abuse or neglect shall be conducted in a comprehensive, integrated, multidisciplinary manner that does all of the following:  (1) Provides civil and criminal protections to the child and the community. (2) Encourages the use of collaborative decision-making and case management to reduce the number of times a child is interviewed and examined to minimize further trauma to the child. (3) Provides safety and treatment for a child and his or her family by coordinating a therapeutic services system. (4) Requires a multidisciplinary team response for all multidisciplinary cases. The State, with assistance from the Child Protection Accountability Commission, shall implement a memorandum of understanding among agencies and entities to ensure implementation of the multidisciplinary response to such cases. (c) (1) In implementing the Investigation Coordinator's role in the child protection system, the Investigation Coordinator, or the Investigation Coordinator's staff, shall do all of the following:  a. Have electronic access and the authority to track within the Department's internal information system each reported case of alleged child abuse or neglect. b. Monitor 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 information as requested on the status of each case to the Division, the Department, the Delaware Department of Justice, a children's advocacy center, and the Office of Child Advocate. c. Within 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. d. Report every case involving the death or near death of a child due to abuse or neglect to the Department of Justice and the Child Protection Accountability Commission under § 932(a) of this title and every case involving the death of a child to the Child Death Review Commission. 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 Department. Reports to CPAC may not disclose the identities of the child, alleged perpetrators, or others involved in the case or cases. f. Participate as a member of the multidisciplinary team for cases outlined in paragraph (c)(1)b. of this section, and keep the team regularly apprised of the status and findings of the Investigation Coordinator. (2) All information and records received, prepared, or maintained by the Investigation Coordinator, or the Investigation Coordinator's staff, are confidential and 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 staff, as state employees, are entitled to immunity in accordance with § 4001 of Title 10. (d) In implementing law-enforcement's role in the child protection system, the law-enforcement agency investigating a report of child abuse or neglect shall do all of the following:  (1) Report every case of child abuse or neglect to the Department as required by § 903 of this title. (2) Provide information as necessary to the Investigation Coordinator to permit case tracking, monitoring, and reporting by the Investigation Coordinator. (3) Notify the Department of Justice upon receipt of a report of death or serious physical injury of a child. (4) Notify the multidisciplinary team as to whether it will be exercising jurisdiction in the case, or will be requesting another law-enforcement agency with jurisdiction to exercise such jurisdiction. Upon request, the other law-enforcement agency may exercise such jurisdiction. (5) Promptly conduct a criminal investigation for any multidisciplinary case. (6) Coordinate with the multidisciplinary team to secure forensic interviews and medical examinations, where applicable, and to conduct interviews while considering the criminal investigation together with the Department's statutory duties to promptly assess child safety. Absent good cause, children ages 3 through 12, and all suspected child victims of human trafficking, must be interviewed in a children's advocacy center. (7) Participate as a member of the multidisciplinary team, and keep the team regularly apprised of the status and findings of its investigation. (8) Comply with the reporting requirements to the Board of Medical Licensure and Discipline under § 1730(b)(2) and § 1731A of Title 24, and to further report to the Board within 30 days of the closure of a criminal investigation or the arrest of a person who is licensed to practice medicine under Chapter 17, Title 24. (e) In implementing the Department's role in the child protection system, the Department shall do all of the following:  (1) Receive and maintain reports pursuant to the provisions of §§ 903 and 905 of this title. (2) Forward reports to the appropriate Department staff, who shall determine, through the use of protocols developed by the Department, whether an investigation or the family assessment and services approach should be used to respond to the allegation. The protocols for making this determination shall be developed by the Department and shall give priority to ensuring the well-being and safety of the child. (3) Conduct an investigation on a multidisciplinary case that involves intrafamilial or institutional child abuse or neglect, human trafficking of a child, or death of a child 3 years of age or less that appears to be sudden, unexpected, and unexplained. The Department may investigate any other report. (4) [Repealed.] (5) Ensure that every case involving the death or near death of a child due to abuse or neglect is reported to the Child Protection Accountability Commission and every case involving the death of a child to the Child Death Review Commission. (6) Ensure that all cases involving allegations of child abuse or neglect by a person known to be licensed or certified by a Delaware agency or professional regulatory organization, have been reported to the appropriate Delaware agency or professional regulatory organization and the Investigation Coordinator in accordance with the provisions of this section. (7) Have authority to secure a medical examination of a child, and any siblings or other children in the child's household without the consent of those responsible for the care, custody, and control of the child, if the child has been reported to be a victim of abuse or neglect; provided, that such case is classified as an investigation pursuant to paragraph (e)(3) of this section and the Director or the Director's designee gives prior authorization for such examination upon finding that such examination is necessary to protect the health and safety of the child. If such a medical examination is authorized under this section, the Department is authorized to transport the child to the medical examination. Medical examinations under this paragraph are covered under § 3557 of Title 18. (8) At a minimum, investigate the nature, extent, and cause of the abuse or neglect; collect evidence; identify the alleged perpetrator; determine the names and condition of other children and adults in the home; assess the home environment, the relationship of the subject child to the parents or other persons responsible for the child's care, and any indication of incidents of physical violence against any other household or family member; perform background checks on all adults in the home; and gather other pertinent information. (9) In the family assessment and services approach, assess service needs of the family from information gathered from the family and other sources. The Department shall identify and provide for services for families where it is determined that the child is at risk of abuse or neglect. The Department shall document its attempt to provide voluntary services and the reasons these services are important to reduce the risk of future abuse or neglect. If the family refuses to accept or avoids the proffered services, the Department may refer the case for investigation or terminate services. (10) Commence an immediate investigation if at any time during the family assessment and services approach the Department determines that an investigation as delineated in paragraph (e)(3) of this section is required or is otherwise appropriate. The Department staff who have conducted the assessment may remain involved in the provision of services to the child and family. (11) Conduct a family assessment and services approach on reports initially referred for an investigation, if it is determined that a complete investigation is not required. The reason for the termination of the investigative process must be documented. (12) Assist the child and family in obtaining services, if at any time during the investigation it is determined that the child or any member of the family needs services. (13) Identify local services and ongoing medical needs, and assist with access to those services for children and families where there is risk of abuse or neglect. (14) Update the internal information system at regular intervals during the course of the investigation. At the conclusion of the investigation, the internal information system must be updated to include a case finding. (15) [Repealed.] (16) Upon completion of an investigation or family assessment and services approach, if the Department suspects that the report was made maliciously or for the purpose of harassment, the Department shall refer the report and any evidence of malice or harassment to the appropriate law-enforcement agency. (17)-(20) [Repealed.] (21) Upon the receipt of a report concerning allegations of abuse or neglect against a person known by the Department to be licensed by any of the boards listed in § 8735 of Title 29, forward reports to the Division of Professional Regulation. For any entity the Department is notified of that is not included in § 8735 of Title 29, the Department shall forward a report of such allegations to the appropriate Delaware agency or professional regulatory organization. (22) Coordinate with the multidisciplinary team to secure forensic interviews and medical examinations, where applicable, and to conduct interviews while considering the criminal investigation together with the Department's statutory duties to promptly assess child safety. Absent good cause, children ages 3 through 12, and all suspected child victims of human trafficking, shall be interviewed in a children's advocacy center. (23) Participate as a member of the multidisciplinary team, and keep the team regularly apprised of the status and findings of its investigation. (f) In implementing the Department of Justice's role in the child protection system, it shall do all of the following:  (1) Report every case of child abuse or neglect to the Department pursuant to § 903 of this title. (2) Ensure that every case involving the death or near death of a child due to abuse or neglect is reported to the Child Protection Accountability Commission and every case involving the death of a child to the Child Death Review Commission. (3) Provide information as necessary to the Investigation Coordinator to permit case tracking, monitoring and reporting by the Investigation Coordinator. (4) Ensure that all cases involving allegations of child abuse or neglect by a person known to be licensed or certified by a Delaware agency or professional regulatory organization, have been reported to the appropriate Delaware agency or professional regulatory organization and the Investigation Coordinator in accordance with provisions of this section. (5) Participate as a member of the multidisciplinary team, and keep the team regularly apprised of the status and findings of its prosecution. (g) (1) If a criminal prosecution for child sexual abuse or exploitation or human trafficking of a child is initiated by the Department of Justice against a person employed by or associated with a facility or organization required to be licensed or whose staff personnel are required to be licensed under Delaware law whose primary concern is that of child welfare and care, the Department of Justice shall notify such employer within 48 hours. (2) Any violations of this subsection shall be dealt with administratively by the Attorney General and the penalty provisions of § 914 of this title shall not apply hereto. (h) If a criminal prosecution for abuse or neglect is initiated by the Department of Justice pursuant to a report under this chapter and incarceration of the person who is the subject of the report is ordered by the court, the Department of Justice shall keep the Department informed of actions taken by the courts which result in the release of any such individual. 71 Del. Laws, c. 199, §  5;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 424, §  8;  72 Del. Laws, c. 173, §  5;  73 Del. Laws, c. 412, §  28;  77 Del. Laws, c. 318, §  6;  77 Del. Laws, c. 320, §§  4, 5;  78 Del. Laws, c. 403, §  4;  78 Del. Laws, c. 406, §  1;  79 Del. Laws, c. 336, §  2;  80 Del. Laws, c. 187, §  6;  80 Del. Laws, c. 219, §  1;  81 Del. Laws, c. 144, §  6;  83 Del. Laws, c. 228, § 1;