31 DE Code § 323. (2021)
2021 Delaware Code|Title 31 - Welfare|Chapter 3. Child Welfare|Subchapter II. Child Death Review Commission|§ 323. Powers and duties.

§ 323. Powers and duties. (a) The Commission shall have the power to investigate and review the facts and circumstances of all deaths of children under the age of 18 solely for the purposes provided in § 320 of this title, except deaths of abused or neglected children which are within the jurisdiction of the Child Protection Accountability Commission under subchapter III, Chapter 9 of Title 16, all stillbirths, and all maternal deaths which occur in Delaware. The Commission may review deaths of abused or neglected children, for good cause shown, as determined by the agreement of the Commission and the Child Protection Accountability Commission. The Commission may delegate tasks to its committees, workgroups, and panels as necessary to accomplish its duties. The Commission shall delay the review of deaths involving criminal investigations until the completion of the prosecution. For purposes of this subsection, “completion of the prosecution” means the decision to file no information or seek no indictment, conviction or adjudication, acquittal, dismissal of an information or indictment by a court, the conditional dismissal under a program established by Delaware law or court program, or the nolle prosequi of an information or indictment by the Attorney General. The Commission shall make its findings or recommendations to the Governor and the General Assembly, at least annually, regarding those practices or conditions which impact the mortality of children and mothers. All summary information, findings, or recommendations released by the Commission under this subsection must comply with applicable state and federal confidentiality provisions, including those enumerated in §§ 324 of this title and 9017(e) of Title 29. Notwithstanding any provision of this subchapter to the contrary, a summary information, finding, or recommendation released by the Commission under this subsection may not specifically identify any individual or any nongovernmental agency, organization, or entity. (b) The Commission shall conduct child death reviews according to procedures promulgated by the Commission. The Commission shall conduct maternal death reviews which utilize a public health model and shall include information gathered through a clinical review and summary of medical and other subpoenaed records. The Commission may amend such procedures upon an affirmative vote of three-fourths of all members of the Commission. (c) The Commission shall conduct fetal and infant mortality reviews and facilitate the implementation of recommendations based on the National Fetal and Infant Mortality Review Program model. Utilizing a public health model, the reviews must include information gathered through a clinical review and summary of medical and all other subpoenaed records, and maternal interviews. The Commission may amend such procedures upon an affirmative vote of three-fourths of all members of the Commission. (d) (1) In connection with any review, the Commission, by and through its staff, a committee, or a panel, shall have the power and authority to do all of the following:  a. Administer oaths. b. Issue subpoenas to compel the attendance of witnesses whose testimony is related to the death or stillbirth under review. c. Issue subpoenas to compel the production of records related to the death or stillbirth under review. (2) A subpoena issued under paragraphs (d)(1)a. through c. of this section may be enforced or challenged only in the Family Court. (3) All proceedings before the Family Court and all records of such proceedings conducted under paragraph (d)(2) of this section are private. (4) In a proceeding under paragraph (d)(2) of this section, the Family Court may impose reasonable restrictions, conditions, or limitations on the access to proceedings and records of proceedings to preserve the confidentiality set forth in § 324 of this title. (e), (f) [Repealed.] (g) The Commission shall coordinate with the Child Protection Accountability Commission to receive statistics and other necessary information from the Child Protection Accountability Commission related to the Child Protection Accountability Commission's investigation and review of deaths of abused or neglected children. (h) The Commission shall adopt rules or regulations for the administration of its duties or this chapter, as it deems necessary. 70 Del. Laws, c. 256, §  1;  70 Del. Laws, c. 186, § 1;  73 Del. Laws, c. 331, §§  6, 7;  73 Del. Laws, c. 386, §§  1, 2, 6;  74 Del. Laws, c. 376, §§  8-11;  75 Del. Laws, c. 269, §§  8-10;  76 Del. Laws, c. 373, §§  5-10;  78 Del. Laws, c. 137, §  14;  80 Del. Laws, c. 187, §  19;  81 Del. Laws, c. 142, § 4;