29 DE Code § 9005. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 90. Department of Services for Children, Youth and Their Families|§ 9005. Powers, duties and functions of Secretary.

§ 9005. Powers, duties and functions of Secretary. 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 Council on Police Training 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;