reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 102. Federal aid and reports.

§ 102. Federal aid and reports.
The Department shall, in this connection, and in order to obtain federal aid, make such reports in such form and containing such information as the federal government may require and shall comply with such provisions as the federal government may find necessary to assure the correctness and verification of such reports.
Code 1935, §  1108;  41 Del. Laws, c. 95, §  1;  31 Del. C. 1953, §  106;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 103. Duty of Department to coordinate welfare and correctional programs; public reports required.

§ 103. Duty of Department to coordinate welfare and correctional programs; public reports required.
(a) The Department shall be responsible for the coordination of welfare and correctional programs in this State and, to this end, may call conferences of representatives of public and private agencies responsible for such programs and individuals and organized groups interested in and concerned with matters of welfare. Such activities shall be carried on in the interest of more effectively understanding and making provision for the welfare needs in this State. Participation in such activities on the part of agencies and individuals shall be voluntary. The Department may sponsor and carry out studies of existing provisions for caring for welfare needs and studies of the need for changes in existing facilities.
(b) The Department shall issue periodic public reports on the extent, nature and cost of public and private welfare programs in this State and, to this end, may require the necessary periodic statistical data from public and private welfare, correction, probation and parole agencies and institutions giving resident care for tuberculous patients.
Code 1915, §  1004C;  30 Del. Laws, c. 64;  Code 1935, §  1121;  44 Del. Laws, c. 79, §  2;  31 Del. C. 1953, §  107;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 104. Secretary; powers and duties.

§ 104. Secretary; powers and duties.
The Secretary shall manage and supervise the operations of the Department and shall see that all functions are properly carried out in accordance with the policies, rules and regulations approved by the Board. The Secretary shall appoint all employees of the Department and shall fix their salaries subject to any general compensation plan adopted by the Board.
48 Del. Laws, c. 133, §  6;  31 Del. C. 1953, §  109;  57 Del. Laws, c. 591, §  32;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 105. Political activities of officers and employees limited.

§ 105. Political activities of officers and employees limited.
No executive, official or employee of the Department shall participate in any form of political activity other than as may be appropriate to the exercise of the individual's civil rights, duties and privileges or in any manner use the executive's, official's or employee's official position as an executive official or employee of the Department for any political purpose.
Any executive official or employee of the Department who violates the provisions of this section shall be subject to discharge or such other disciplinary measures as may be provided by the rules and regulations of the Department.
Code 1935, §  1112A;  42 Del. Laws, c. 97, §  2;  31 Del. C. 1953, §  110;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 106. Organization of Department.

§ 106. Organization of Department.
The Secretary shall organize the Department into such divisions or other units as will increase the effectiveness and efficiency with which its affairs are conducted. The organization shall provide for and the efforts of the Department shall be directed toward the maximum degree of integration and consolidation consistent with satisfactory service to the citizens of this State.
48 Del. Laws, c. 133, §  7;  31 Del. C. 1953, §  111;  57 Del. Laws, c. 591, §  33;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 107. Rules and regulations.

§ 107. Rules and regulations.
The Secretary shall promulgate rules and regulations for the interpretation of statutes or federal regulations governing programs of public assistance and other programs of the Department and such other rules or regulations as may be necessary for the proper conduct of the business of the Department. No rule or regulation adopted pursuant to the authority granted by this section shall extend, modify or conflict with any law of this State, or the reasonable implications thereof.
48 Del. Laws, c. 133, §  8;  31 Del. C. 1953, §  112;  57 Del. Laws, c. 591, §  33;  67 Del. Laws, c. 344, §  10;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 108. Merit system of personnel administration unaffected.

§ 108. Merit system of personnel administration unaffected.
Nothing in this chapter shall interfere with the continued operation of a merit system of personnel administration for positions placed under such system by agreement between state and federal authorities.
48 Del. Laws, c. 133, §  16;  31 Del. C. 1953, §  113;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 109. Annual report.

§ 109. Annual report.
The Department, annually, shall make a report that shall include:
(1) A list of the officers and agents employed;
(2) The conditions of institutions under its supervision;
(3) A statement of the year's work; and
(4) Complete and comprehensive information relating to all welfare work performed, together with any recommendation the Department may desire to make.
Code 1915, §  1005A;  30 Del. Laws, c. 64;  37 Del. Laws, c. 85, §  23;  37 Del. Laws, c. 189, §  17;  38 Del. Laws, c. 54, §  3;  Code 1935, §§  1123, 1131, 1626, 1643;  41 Del. Laws, c. 124, §  3;  45 Del. Laws, c. 96, §  4;  31 Del. C. 1953, §  115;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 110. Burial expenses of indigent person.

§ 110. Burial expenses of indigent person.
An indigent person's remains may be buried at public expense on the order of the Division of Social Services. Uniform standards for such burial shall be established by the Department of Health and Social Services. The fee shall be established by the Department at the lowest cost for which burial services which meet the standards can be locally obtained. In the event that funds are available from social security, Veterans' Administration or any other benefits or insurance, the compensation allowed to be paid for burial shall be reduced by the amount available from such benefits or insurance.
37 Del. Laws, c. 189, §  6;  37 Del. Laws, c. 85, §  10;  Code 1935, §§  1613, 1632;  31 Del. C. 1953, §  120;  62 Del. Laws, c. 386, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 111. Financial participation.

§ 111. Financial participation.
(a) The State Treasurer shall establish in the State Treasury a State Public Welfare Fund which shall include all funds made available for the purposes of this chapter or of Chapter 5 of this title by the State, the several counties, the federal government or any other source. Within this State Public Welfare Fund there shall be established such separate accounts as the State Treasurer and the State Auditor of Accounts may deem necessary or desirable.
(b) The State Treasurer shall pay from the State Public Welfare Fund the amounts requested by the Department for the purposes of this chapter or of Chapter 5 of this title; provided, that such amount requested is not in excess of the balance remaining in the State Public Welfare Fund plus authorized advances.
(c) All expenditures of the Department shall be paid by check drawn by the State Treasurer except as hereinafter provided. Such expenditures shall be made on the basis of prescribed invoice and payroll forms preapproved by designated officials of the Department; copies of such approved invoice and payroll forms to be transmitted to the Department of Finance for preaudit.
(d) Certain expenditures, due to the responsibilities of the Department, are of an emergency nature. Such expenditures shall be made by the Department over the signature of an authorized official from a revolving fund in an amount to be agreed on by the Department and the State Treasurer and which shall be drawn from the State Public Welfare Fund and be deposited in a fund of the State to the credit of the Department of Public Welfare.
31 Del. C. 1953, §  121;  50 Del. Laws, c. 220, §  1;  63 Del. Laws, c. 142, §  54;  64 Del. Laws, c. 108, §  9;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 112. Federal financial participation.

§ 112. Federal financial participation.
The State Treasurer shall receive all money paid to the State by the Secretary of the Treasury of the United States on account of assistance, services and administration, provided under this chapter and under Chapter 5 of this title, and make payments from such moneys and moneys appropriated under such chapters in accordance with the provisions thereof and with the provisions of the United States Social Security Act [42 U.S.C. § 301 et seq.].
31 Del. C. 1953, §  122;  50 Del. Laws, c. 220, §  1;  64 Del. Laws, c. 108, §  9;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 113. County financial participation.

§ 113. County financial participation.
The State Treasurer shall receive all money paid to the State by the receiver of taxes and county treasurer of each of the 3 counties on account of assistance, services and administration provided under this chapter and under Chapter 5 of this title and make payments from such moneys and moneys appropriated under such chapters in accordance with the provisions thereof.
31 Del. C. 1953, §  123;  50 Del. Laws, c. 220, §  1;  64 Del. Laws, c. 108, §  9;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 114. Recovery of public assistance overpayments.

§ 114. Recovery of public assistance overpayments.
(a) Any assistance paid to or in behalf of any person under Temporary Assistance for Needy Families, General Assistance, Food Benefits and Medicaid programs in excess of that to which the person is entitled under the program or programs shall be recoverable by the Department of Health and Social Services (the Department) for the State in a civil action against such person or the person's estate in any court of competent jurisdiction.
(b) Any judgment entered for the Department in an action brought under this section shall include an award for the court costs of the action. That portion of the judgment that constitutes the court costs of the action shall be remitted by the Department to the State Treasurer.
(c) The Department shall not be required to pay the filing fee or other costs of an action brought under this section and shall not be required to pay fees of any nature or to file a bond or other security of any nature in connection with such action or with proceedings supplementary thereto or as a condition precedent to the availability to the Department of any process in aid of such action or proceedings.
(d) Any judgment entered in any court of competent jurisdiction for the Department pursuant to a confession of judgment regarding any assistance paid to or in behalf of any person under the Temporary Assistance for Needy Families, General Assistance, Food Benefits and Medicaid programs in excess of that to which the person is entitled under the program or programs or regarding any amount of money due under an agreement relating to any assistance paid to or in behalf of any person under the Temporary Assistance for Needy Families, General Assistance, Food Benefits and Medicaid programs in excess of that to which the person is entitled under the program or programs shall include an award for the court costs of such judgment. That portion of such judgment that constitutes the court costs of such judgment shall be remitted by the Department to the State Treasurer.
(e) The Department shall not be required to pay the filing fee or other costs related to any procedure to obtain judgment in any court of competent jurisdiction pursuant to a confession of judgment governed by subsection (d) of this section and shall not be required to pay fees of any nature or to file a bond or other security of any nature in connection with any such procedure.
66 Del. Laws, c. 287, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 367, § 1;
2023 Delaware Code › Title 31 - Welfare › Chapter 1. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › § 115. Subpoena authority.

§ 115. Subpoena authority.
(a) In addition to the other powers of the Secretary of the Department of Health and Social Services, the Secretary or the Secretary's designee shall, for purposes related to welfare fraud investigations and welfare overpayment investigations, have the power to administer oaths, subpoena witnesses and compel the production of books, papers, documents or other tangible things. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books, papers, documents or other tangible things relevant to any such investigations may be compelled to do so by order of the Superior Court.
(b) Service of a subpoena issued under this section shall be made by any sheriff, any deputy sheriff, any constable or any employee of the Department of Health and Social Services by delivering a copy of the subpoena to the person to whom it is addressed or by leaving a copy of the subpoena at the person's usual place of abode with a person of suitable age and discretion residing therein. Any fee that the State, or any county or municipality of the State, might otherwise charge for the service of a subpoena shall be waived for the service of a subpoena under this section.
(c) Neither the Secretary of the Department of Health and Social Services nor the Secretary's designee shall be charged any court costs or fees associated with an order of the Superior Court under subsection (a) of this section.
(d) A subpoena issued under subsection (a) of this section shall be effective throughout this State.
66 Del. Laws, c. 290, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter I. General Provisions › § 301. Definitions.

§ 301. Definitions.
As used in this chapter:
(1) “Abuse” or “abused child” is as defined in § 901 of Title 10.
(2) “Child” means a person who has not yet attained the child's eighteenth birthday.
(3) “Delinquent child” means a child who commits an act which if committed by an adult would constitute a crime.
(4) “Dependency” or “dependent child” is as defined in § 901 of Title 10.
(5) “Maternal death” means the death of a person during pregnancy or within a year from the end of pregnancy. “Maternal death” includes pregnancy-related death and pregnancy-associated death.
(6) “Near death” means a child in serious or critical condition as a result of child abuse or neglect as certified by a physician.
(7) “Neglect” or “neglected child” is as defined in § 901 of Title 10.
(8) “Truancy” or “truant” shall refer to a pupil enrolled in grades kindergarten through 12 inclusive who has been absent from school without a valid excuse, as defined in the rules and regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14, or in the case of a pupil enrolled in a charter school, by the board of directors of the charter school, for more than 3 days or the equivalent thereof during a given school year.
41 Del. Laws, c. 98, §  1;  31 Del. C. 1953, §  301;  56 Del. Laws, c. 317, §§  3, 4;  58 Del. Laws, c. 64, §  1;  60 Del. Laws, c. 449, §  6;  61 Del. Laws, c. 334, §  5;  63 Del. Laws, c. 290, §  9;  64 Del. Laws, c. 108, §  4;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 175, §  14;  74 Del. Laws, c. 376, §  1;  76 Del. Laws, c. 136, §§  21-23;  76 Del. Laws, c. 373, §  1;  83 Del. Laws, c. 364, § 1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter I. General Provisions › § 302. Intent and purpose of chapter.

§ 302. Intent and purpose of chapter.
The intent and purpose of this chapter are to:
(1) Provide humane and scientific treatment, care and highest attainable degree of individual development for the dependent wards of this State;
(2) Provide for the delinquent such wise conditions of modern education and training as will restore the largest possible portion of such delinquents to useful citizenship;
(3) Promote the study of the causes of dependency and delinquency and of mental and physical disabilities, with a view to cure and ultimate prevention; and
(4) Secure, by uniform and systematic management, the highest attainable degree of economy in the administration of the state institutions under supervision of the Division of Child Protective Services consistent with the objects in view.
Code 1915, §  1005B;  30 Del. Laws, c. 64;  Code 1935, §  1124;  31 Del. C. 1953, §  302;  58 Del. Laws, c. 64, §  1;  64 Del. Laws, c. 108, §  4;  78 Del. Laws, c. 179, §  323;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter I. General Provisions › § 303. General powers and duties of Division in respect to children.

§ 303. General powers and duties of Division in respect to children.
In order that the State may more effectively exercise the duty and obligation which it owes to minor children, who for any cause are in need of care and protection, the Division of Child Protective Services may:
(1) Search out through investigation, complaints from citizens, or otherwise, the minor children in the State who are in need of its care and protection and shall as far as possible, through existing agencies, public or private, its own welfare workers or through such other resources, aid such children to a fair opportunity in life;
(2) Make surveys and in other ways ascertain the facts and conditions which cause or contribute to the need for state care and protection of children and the extent of such need;
(3) Present the facts so ascertained to the people through conventions, conferences and addresses to the end that a statewide program may be effected for the elimination and suppression of the causes which bring the necessity for such care;
(4) Establish and maintain homes or other agencies for the care of dependent or neglected minor children or contract with any approved agency or home for the care of such children, receive and care for dependent or neglected children committed to its care and, if possible, to arrange for a thorough physical and mental examination of every such child, investigate in detail the personal and family history of a child and its environment, place such children in family homes or in approved suitable institutions and supervise such children however placed; and
(5) Solicit, obtain and hold gifts, devises and bequests of money, real estate and other things of value to be used in support of the development and carrying on of child welfare work.
38 Del. Laws, c. 54, §§  1, 2;  Code 1935, §  1130;  31 Del. C. 1953, §  303;  58 Del. Laws, c. 64, §  1;  64 Del. Laws, c. 108, §  4;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter I. General Provisions › § 305. Use of other child welfare agencies.

§ 305. Use of other child welfare agencies.
The Division of Child Protective Services may utilize services of other child welfare agencies and allocate and turn over unto such agencies, operating within this State and rendering child welfare services, any portion of funds appropriated for the purposes of this chapter and as may from time to time be deemed necessary, proper and expedient for the supervision, care, custody, board and placement of dependent and neglected children. If in the judgment of the Division such payments are necessary, proper and expedient for the care of the child, these allocations and payments may be continued to the said agency for children who were dependent or neglected, but who have been legally adopted.
41 Del. Laws, c. 98, §  3;  31 Del. C. 1953, §  305;  58 Del. Laws, c. 64, §§  1, 3;  64 Del. Laws, c. 108, §  4;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter I. General Provisions › § 306. Binding minors prohibited.

§ 306. Binding minors prohibited.
No court, organization, institution, individual or corporation may bind any minor to any organization, institution, individual or corporation in any manner whatsoever.
Nothing contained in this section shall in any manner interfere with the power and authority of any court to commit any minor to the custody and care of any organization, institution, individual or corporation.
Code 1852, §  1501;  Code 1915, §  3101;  32 Del. Laws, c. 185;  Code 1935, §  3591;  31 Del. C. 1953, §  306;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter I. General Provisions › § 307. Bringing or sending nonresident children into State regulated; penalty.

§ 307. Bringing or sending nonresident children into State regulated; penalty.
(a) No person or corporation of this State or any child placement agency or association operating within this State or any bureau, board or commission of this State or any person, institution, agency, association, corporation, bureau, board or commission without this State shall bring or send into this State or in any way assist in the bringing or sending into this State of any dependent child who is a resident of another state, United States territory or country for the purpose of placing or procuring placement of such child in any way free, wage or boarding home or for adoption without the written consent of the Department of Services for Children, Youth and Their Families having first been obtained, and such person, agency, institution, association, corporation, board or commission shall abide by all rules laid down by the Department of Services for Children, Youth and Their Families.
(b) Whoever violates subsection (a) of this section shall be fined not more than $100; and
Whoever continues to so violate for a period of 10 days after notification from the Department of Services for Children, Youth and Their Families shall be guilty of a new, separate and distinct offense and shall be fined for each offense not less than $100 nor more than $1,000.
Code 1915, §§  1005E, 1005G;  32 Del. Laws, c. 50;  38 Del. Laws, c. 64, §§  2, 5;  Code 1935, §§  1126, 1129;  41 Del. Laws, c. 97, §  1;  31 Del. C. 1953, §  307;  50 Del. Laws, c. 187, §  1;  58 Del. Laws, c. 64, §  1;  64 Del. Laws, c. 108, §  4;  68 Del. Laws, c. 380, §  1;  70 Del. Laws, c. 223, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter I. General Provisions › § 308. Vaccinations.

§ 308. Vaccinations.
Every person who is unable to pay for vaccination and every child whose parents or guardians are unable to pay for the same, not residing in the City of Wilmington, may be vaccinated by any physician or physicians who may be designated for that purpose by the Division of Child Protective Services.
For each person or child so vaccinated, the physician or physicians shall be paid by the Division of Child Protective Services the sum of 50 cents.
Every such physician shall give a certificate of vaccination to the person or child so applying.
17 Del. Laws, c. 68, §  4;  Code 1915, §  768;  37 Del. Laws, c. 189, §  15;  Code 1935, §  774;  31 Del. C. 1953, §  308;  58 Del. Laws, c. 64, §  1;  64 Del. Laws, c. 108, §  4;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter I. General Provisions › § 310. Breast-feeding.

§ 310. Breast-feeding.
Notwithstanding any provisions of law to the contrary, a mother shall be entitled to breast-feed her child in any location of a place of public accommodation wherein the mother is otherwise permitted.
71 Del. Laws, c. 10, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter I. General Provisions › § 311. Penalties regarding background checks for child-serving entities and personal information disclosure.

§ 311. Penalties regarding background checks for child-serving entities and personal information disclosure.
(a) Any child-serving entity which fails to comply with the requirements of § 309 of this title, shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of Title 11. The Court of Common Pleas shall have exclusive jurisdiction for any offense under this subsection. Notwithstanding any provision of the law to the contrary, if the misdemeanor offense may be joined properly with a felony, such offense shall be within the jurisdiction of the Superior Court.
(b) Any child-serving entity which fails to comply with the requirements of § 309 of this title shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
(c) Any person seeking employment with a child-serving entity or any person seeking a license under Chapter 12 of Title 14 who knowingly provides false, incomplete or inaccurate criminal history information, Child Protection Registry information, or child sex abuser information or who otherwise knowingly violates § 309 of this title shall be guilty of a class G felony and shall be punished according to Chapter 42 of Title 11. The Superior Court shall have exclusive jurisdiction for any offense under this subsection.
(d) The failure of an individual to disclose any relevant criminal history or Child Protection Registry information shall be grounds for immediate termination or for removal of a placement.
(e) Sanctions shall be promulgated via DSCYF regulation for employees, volunteers, or contractors who fail to inform their employer of any criminal conviction or entrance on the Child Protection Registry and for employers who wilfully hire or retain individuals in violation of this section or in violation of the regulations promulgated hereunder.
80 Del. Laws, c. 154, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter II. Maternal and Child Death Review Commission › § 320. Declaration of legislative intent; definitions.

§ 320. Declaration of legislative intent; definitions.
(a) The General Assembly hereby declares that the health and safety of the children and pregnant and postpartum persons of the State will be safeguarded if deaths of children under the age of 18 and stillbirths occurring after at least 20 weeks of gestation and maternal death are reviewed, in order to provide its findings or recommendations to alleviate those practices or conditions which impact the mortality of children and pregnant and postpartum persons.
(b) For the purposes of this subchapter:
(1) “Commission” means the Maternal and Child Death Review Commission.
(2) “Stillbirth” means as defined in § 3101 of Title 16.
70 Del. Laws, c. 256, §  1;  70 Del. Laws, c. 186, § 1;  73 Del. Laws, c. 331, §§  2, 3;  74 Del. Laws, c. 376, §  3;  75 Del. Laws, c. 269, §  1;  76 Del. Laws, c. 373, §  2;  80 Del. Laws, c. 187, §  17;  81 Del. Laws, c. 142, § 1;  83 Del. Laws, c. 364, § 2;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter II. Maternal and Child Death Review Commission › § 322. Voting.

§ 322. Voting.
Except as expressly provided in this subchapter, an affirmative vote of 60% of all members of the Commission, any regional panel, Case Review Team or Community Action Team is required to adopt any findings or recommendations of the Commission or such regional panel or team.
70 Del. Laws, c. 256, §  1;  75 Del. Laws, c. 269, §  7;  81 Del. Laws, c. 142, § 3;  83 Del. Laws, c. 364, § 2;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter IV. Placement of Dependent Children › § 352. Regulation of placement system and of homes where children are placed.

§ 352. Regulation of placement system and of homes where children are placed.
The Division of Child Protective Services may examine the circumstances and system relating to the placement of any dependent child in any home and may inspect and investigate the particular home to which such dependent child is to be or has been assigned, and, whenever satisfied that a child has been placed by any person, institution, agency, association, corporation or organization in an improper home, it may order its transfer to a proper one or its removal from the State, and, if the order is not obeyed within 30 days, it shall itself take charge of the child, returning it to the person, agency, institution, association, corporation or organization responsible or otherwise providing for it. Any such person, agency, institution, association, corporation or organization failing to remove such child after such notice shall at once pay the State such sum as the State may have expended in the care, maintenance or transportation of such child.
Code 1915, §  1005F;  32 Del. Laws, c. 50;  38 Del. Laws, c. 64, §  3;  Code 1935, §  1127;  31 Del. C. 1953, §  352;  58 Del. Laws, c. 64, §  1;  64 Del. Laws, c. 108, §  4;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter IV. Placement of Dependent Children › § 353. Duty of placement agencies to comply with Division's rules.

§ 353. Duty of placement agencies to comply with Division's rules.
Any person, agency, institution, association, corporation or organization placing any child, under this subchapter, shall abide by all rules made by the Division of Child Protective Services pertaining to the rejection, importation, placement, supervision, education, health, removal and general welfare of all such children.
Code 1915, §  1005G;  32 Del. Laws, c. 50;  38 Del. Laws, c. 64, §  4;  Code 1935, §  1128;  31 Del. C. 1953, §  353;  58 Del. Laws, c. 64, §  1;  64 Del. Laws, c. 108, §  4;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter IV. Placement of Dependent Children › § 354. Power of placement agencies to remove dependent children; penalty for refusal to comply.

§ 354. Power of placement agencies to remove dependent children; penalty for refusal to comply.
(a) All agencies or organizations, engaged in the placement of dependent children within this State, may remove any child so placed when, in the judgment of such agency, the welfare and best interests of the child require such action, whether such right was received or not at the time the child was placed.
(b) Whenever any person with whom a dependent child has been placed refuses to give up such child on the demand of the representative of such agency, the agency, through its duly recognized representative, may give written notice to such person to deliver the child to the nearest railroad station or some other equally convenient place at a day and hour to be fixed in the notice, not less than 1 nor more than 3 days after the date of the notice.
Whoever wilfully refuses or neglects to comply with the requirements of the notice shall be fined in such amount or imprisoned for such term, or both, as the court in its discretion may determine.
30 Del. Laws, c. 201;  Code 1935, §§  2621, 2622;  31 Del. C. 1953, §  354;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter IV. Placement of Dependent Children › § 355. Penalties.

§ 355. Penalties.
Except as otherwise provided in this subchapter, whoever violates this subchapter shall be fined not more than $100 and whoever continues to disregard this subchapter for a period of 10 days after notification from the Department of Services for Children, Youth and Their Families shall be guilty of a new, separate and distinct offense and shall be fined for each offense not less than $100 nor more than $1,000.
Code 1915, §  1005I;  32 Del. Laws, c. 50;  38 Del. Laws, c. 64, §  5;  Code 1935, §  1129;  31 Del. C. 1953, §  355;  64 Del. Laws, c. 108, §  5;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter IV. Placement of Dependent Children › § 356. Kinship Care Program.

§ 356. Kinship Care Program.
(a) The Department of Services for Children, Youth and Their Families (DSCYF) and the Department of Health and Social Services shall establish and operate the Kinship Care Program that promotes the placement of children with relatives when a child needs out-of-home placement, when such placement is in the best interest of the child, and when the child is not in the custody or care of the State.
(b) The Kinship Care Program shall establish eligibility guidelines for kinship caregivers to qualify for kinship care benefits and services, including the following criteria:
(1) The caregiver must be related to the child by blood or marriage within the fifth degree of consanguinity;
(2) The caregiver must have guardianship of the child or actively pursue guardianship;
(3) The child must reside in the home of the caregiver;
(4) The caregiver must have income of no more than 200% of the federal poverty level; and
(5) The parent or parents of a child in the kinship care program may not reside in the home of the kinship caregiver.
(c) The Kinship Care Program shall partner with the Delaware Helpline to maintain a toll-free telephone line that kinship caregivers and other interested persons may call as a centralized source of information about services provided by the kinship care program and other related services and resources for relatives caring for children.
(d) The Department of Services for Children, Youth, and Their Families, in cooperation with the Department of Health and Social Services, shall establish and administer an emergency fund for eligible kinship caregivers, who may receive a 1-time emergency financial subsidy, within the limits of available funding, to assist in purchasing clothes, furniture and other items necessary to prepare the household to accommodate the child or children.
(e) The Department of Health and Social Services and the Department of Services for Children, Youth, and Their Families shall promulgate rules and regulations that are reasonable and necessary to establish or administer a kinship care program and that are consistent with the laws of the State and in harmony with the recommendations of the Kinship Care Taskforce Report of January, 2001.
73 Del. Laws, c. 270, §  2;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter V. Private Child Welfare Agencies › § 361. Children's Home, Inc.

§ 361. Children's Home, Inc.
(a) The Children's Home, Inc., a corporation of this State, may take under its guardianship all children who may be placed under its care and management in either of the following modes:
(1) Children under 14 years of age who shall be voluntarily surrendered by their fathers, or, in case of their death or absence, by their mothers or by their guardians to the care of Children's Home, Inc.; and
(2) Children under 14 years of age who shall be committed to the care of Children's Home, Inc., by the Family Court on account of vagrancy or for the exposure, neglect or abandonment of the children by their parent or parents, guardian or other person having custody of the children.
(b) The corporation shall have the guardianship of the children so placed under its care and management during their minority, shall cause them to be educated and instructed in a proper manner and to learn such trades and employments as in the judgment of the corporation will be most conducive to the benefit and advantage of the children. The power and charge of the corporation over and upon the children shall not extend in the case of children beyond the age of 18 years, but the corporation may return the children to their parents or surviving parent or guardian.
Code 1852, §  1501;  12 Del. Laws, c. 297, §§  4, 5;  12 Del. Laws, c. 552;  32 Del. Laws, c. 185;  Code 1915, §§  2253, 2254, 3101;  Code 1935, §§  2578, 2579;  31 Del. C. 1953, §  361;  58 Del. Laws, c. 511, §  64;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter V. Private Child Welfare Agencies › § 362. The Elizabeth W. Murphey School, Inc. — Admission to School.

§ 362. The Elizabeth W. Murphey School, Inc. — Admission to School.
Either parent or, if there are no parents, the guardian or, if there is also no guardian, any relative or the Division of Social Services may place any poor and dependent white child, resident in Kent County, between the ages of 2 and 10 years, in and under the charge and control of The Elizabeth W. Murphey School, Inc., and may surrender and deliver such child to The Elizabeth W. Murphey School, Inc., provided that the School is willing to receive such child; and, when such child is surrendered, delivered to and accepted by the School, it shall be subject to all the rules, regulations and discipline thereof as the same may have been or may hereafter be established by the directors of the School.
34 Del. Laws, c. 156, §  1;  37 Del. Laws, c. 85;  Code 1935, §  2598;  31 Del. C. 1953, §  362;  58 Del. Laws, c. 64, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter V. Private Child Welfare Agencies › § 363. The Elizabeth W. Murphey School, Inc. — Powers over children in custody of School; discharge and appeal.

§ 363. The Elizabeth W. Murphey School, Inc. — Powers over children in custody of School; discharge and appeal.
The Elizabeth W. Murphey School, Inc., in which any such child is placed and to which it is surrendered and delivered, shall have the exclusive custody and control and all rights of a parent, in, to and over such child and its services during the term for which such child shall be surrendered and delivered, not exceeding the minority of such child, and the School shall assume all the duties, liabilities and responsibilities of a parent. The School may discharge any child at any time if for any reason the directors of the School shall deem such discharge for the interest of the School or for the interest of such child or for the interest of the other children under the charge of the School. If at any time after a child is placed under the charge and control of the School, the parents, siblings or other near relative of the child shall make written application to the School for the discharge of such child, stating the reasons therefor, and such application is refused, the applicant shall have a right to appeal to the Resident Judge of the Superior Court in Kent County, and, if the Resident Judge, after hearing the facts, is of the opinion that there is good and sufficient cause for the release applied for and that it would be for the best interest of the child, an order shall be made accordingly. Upon any discharge being made, immediate notice thereof shall be given in writing to the parents, siblings or other near relative of the child, and thereafter the School shall have no further rights to, in or over such child and shall be under no further obligations in respect to such child.
34 Del. Laws, c. 156, §  2;  Code 1935, §  2599;  31 Del. C. 1953, §  363;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 213, §  56;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter V. Private Child Welfare Agencies › § 364. The Elizabeth W. Murphey School, Inc. — Surrender of child; instrument as evidence.

§ 364. The Elizabeth W. Murphey School, Inc. — Surrender of child; instrument as evidence.
The surrender of any such child shall be by an instrument in writing, signed and sealed by the parties thereto and duly acknowledged, and the age of such child shall therein be stated as correctly as can be ascertained. Any such written instrument, when duly executed and acknowledged, shall be presented within 30 days to the Resident Judge of the Superior Court residing in Kent County for approval, and, if approved by such Judge, it shall be admitted as evidence in all courts of law or equity in this State.
No written instrument for the surrender of any such child made under the provisions of this section shall be subject to assignment or transfer.
34 Del. Laws, c. 156, §§  3, 4;  Code 1935, §§  2600, 2601;  31 Del. C. 1953, §  364;  76 Del. Laws, c. 213, §  57;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VI. Interstate Compact for the Placement of Children [Effective upon enactment by 35 states and upon promulgation of rules by the Interstate Commission] › § 382. Financial responsibility; default in Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

§ 382. Financial responsibility; default in Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
Financial responsibility for any child placed pursuant to this Compact shall be determined in accordance with Article V of the Compact in the first instance. However, in the event of partial or complete default of performance thereunder, this chapter also may be invoked.
31 Del. C. 1953, §  382;  57 Del. Laws, c. 501.;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VI. Interstate Compact for the Placement of Children [Effective upon enactment by 35 states and upon promulgation of rules by the Interstate Commission] › § 383. Notices; Department of Services for Children, Youth and Their Families [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

§ 383. Notices; Department of Services for Children, Youth and Their Families [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
The “appropriate public authorities” as used in Article III of this Compact shall, with reference to this State, mean the Department of Services for Children, Youth and Their Families and the Department shall receive and act with reference to notices required by Article III of this Compact.
31 Del. C. 1953, §  383;  57 Del. Laws, c. 501;  64 Del. Laws, c. 108, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VI. Interstate Compact for the Placement of Children [Effective upon enactment by 35 states and upon promulgation of rules by the Interstate Commission] › § 384. “Appropriate authority”; Department of Services for Children, Youth and Their Families [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

§ 384. “Appropriate authority”; Department of Services for Children, Youth and Their Families [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
As used in paragraph (a) of Article V of this Compact, the phrase “appropriate authority in the receiving state” shall, with reference to this State, mean the Department of Services for Children, Youth and Their Families.
31 Del. C. 1953, §  384;  57 Del. Laws, c. 501;  64 Del. Laws, c. 108, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VI. Interstate Compact for the Placement of Children [Effective upon enactment by 35 states and upon promulgation of rules by the Interstate Commission] › § 385. Financial commitment; approval [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

§ 385. Financial commitment; approval [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
The officers and agencies of this State and its subdivisions, having authority to place children, are empowered to enter into agreements with appropriate officers or agencies of or in other party states, pursuant to paragraph (b) of Article V of this Compact. Any such agreement which contains a financial commitment or imposes a financial obligation on this State or subdivision or agency thereof shall not be binding unless it has the approval in writing of the State Budget Director, in the case of the State, and of the chief local fiscal officer in the case of a subdivision of the State.
31 Del. C. 1953, §  385;  57 Del. Laws, c. 501.;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VI. Interstate Compact for the Placement of Children [Effective upon enactment by 35 states and upon promulgation of rules by the Interstate Commission] › § 386. Other related statutes; provisions met if performed as contemplated by Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

§ 386. Other related statutes; provisions met if performed as contemplated by Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under § 307 of this title shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this State or a subdivision thereof as contemplated by paragraph (b) of Article V of this Compact.
31 Del. C. 1953, §  386;  57 Del. Laws, c. 501.;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VI. Interstate Compact for the Placement of Children [Effective upon enactment by 35 states and upon promulgation of rules by the Interstate Commission] › § 387. Out-of-state placement restrictions; not applicable if made pursuant to Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

§ 387. Out-of-state placement restrictions; not applicable if made pursuant to Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
Section 307 of this title shall not apply to placements made pursuant to this Compact.
31 Del. C. 1953, §  386A;  57 Del. Laws, c. 501.;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VI. Interstate Compact for the Placement of Children [Effective upon enactment by 35 states and upon promulgation of rules by the Interstate Commission] › § 388. Jurisdiction of court; placement pursuant to Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

§ 388. Jurisdiction of court; placement pursuant to Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
Any court having jurisdiction to place delinquent children may place such a child in an institution of or in another state pursuant to Article VI of this Compact and shall retain jurisdiction as provided in Article V of this Compact.
31 Del. C. 1953, §  386B;  57 Del. Laws, c. 501.;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VI. Interstate Compact for the Placement of Children [Effective upon enactment by 35 states and upon promulgation of rules by the Interstate Commission] › § 389. Governor; appointment of officer to coordinate activities of Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].

§ 389. Governor; appointment of officer to coordinate activities of Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
As used in Article VII of this Compact, the term “executive head” means the Governor. The Governor is authorized to appoint a compact administrator in accordance with the terms of Article VII of this Compact.
31 Del. C. 1953, §  386C;  57 Del. Laws, c. 501.;