reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8910. Annual report.

§ 8910. Annual report.
The Commissioner of the Department of Correction shall make an annual report to the Governor and to the General Assembly which shall describe the Department's operations. The Commissioner shall also render such other reports as the Governor or the General Assembly may from time to time request, or as may be required by law.
60 Del. Laws, c. 251, §  14;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8911. Budgeting and financing.

§ 8911. Budgeting and financing.
The Commissioner, in cooperation with the bureau chiefs, shall prepare a proposed budget for the operation of the Department to be submitted for a consideration of the Governor and the General Assembly. The Department shall be operated within the limitation of the annual appropriation, and any other funds appropriated by the General Assembly. Special funds may be used in accordance with the programs, grants and appropriations.
60 Del. Laws, c. 251, §  14;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8912. Misnomer in gifts, grants, etc.

§ 8912. Misnomer in gifts, grants, etc.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or other agency of the Department to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
60 Del. Laws, c. 251, §  14;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8913. Financial liability of committed person.

§ 8913. Financial liability of committed person.
(a) In the event any person, juvenile or adult is committed to a prison or correctional institution, and in the event a court of this State has not ordered payment of the full cost of care, the Department may require such payments from such juvenile or adult while on work release or similar programs, as it may deem appropriate, provided that the total payment shall not exceed the actual cost of care while on the work release program.
(b) The Commissioner of the Department shall have the power to promulgate any rules and regulations not contrary to the laws of the State which the Commissioner deems necessary to carry out this section and such rules and regulations shall have the full force and effect of law.
(c) Any court of this State committing a person to the jurisdiction of the Department may, in its discretion, order said person, and such other persons liable for the payment of costs under this section over which the court has jurisdiction, to pay for the cost of care, treatment or both in such amounts as may be fixed by the Department under this chapter.
(d) The “cost of care, treatment or both” per diem for a facility shall be deemed to mean the total disbursements made by or on behalf of such facility during a fiscal year, divided by the number of inmate or patient-days during such fiscal year. Such cost shall be computed based on the experience of the previous fiscal year and the revised rate shall be charged beginning on the first day of the fourth month following the end of said fiscal year. In the event the facility has not been operational during the previous fiscal year, the “cost of care, treatment or both” shall be the amount determined by the Department within the guideline of available appropriations and anticipated inmate or patient-days. In the event a facility provides various services that have substantially different costs, and such different costs may be reasonably identified, the Department may determine the “cost of care, treatment or both” based upon the particular service provided.
(e) The Department, after full investigation of collectibility and/or reasons for nonpayment, shall proceed for the recovery of the moneys owed for such care, treatment or both in an action to be brought in any court of the State in the name of the Department, where such action is deemed justified. The Department of Justice of the State shall represent the Department in such cases and any costs to the State arising from such action shall be paid by the State Treasurer from moneys in the General Fund not otherwise appropriated.
60 Del. Laws, c. 251, §  14;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8914. Officers and employees.

§ 8914. Officers and employees.
Notwithstanding § 5920 of this title or any other section, the application by any person seeking employment in the Department shall be rejected if it indicates, on its face, that the applicant does not meet the minimum qualifications for the position sought. Applications shall also be rejected if the applicant has made false statements or misrepresentations on the application; is habituated to the intemperate use of alcoholic beverages or the use of harmful drugs which makes the applicant unable to perform duties required by the position; has a record of court convictions or infamous or other conduct which renders the applicant unsuitable for employment; or has been separated from any branch of the armed forces under conditions other than honorable.
60 Del. Laws, c. 706, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter I. General Provisions › § 8915. Delaware personal credential card.

§ 8915. Delaware personal credential card.
(a) A Delaware personal credential card ( “personal credential” ) is issued by the Commissioner and contains all of the following:
(1) The individual's name, date of birth, sex, height, weight, and eye color.
(2) A photograph of the individual.
(3) An expiration date that is 1 year from the date the personal credential is issued.
(4) A bar code.
(5) A statement regarding the validity of the card.
(b) (1) The Commissioner shall ensure that an individual who is being released from the custody of the Department of Correction following conviction and a term of incarceration of 6 months or more receives a personal credential as follows:
a. Before release from Level IV if held at a Level IV residential treatment facility after Level V.
b. Before release from Level V if held at a Level IV work release center after Level V.
c. Before release from Level V if not being held at Level IV custody.
(2) The Commissioner shall provide written instructions with the personal credential that explains how it can be used to obtain the identification documents in subsection (c) of this section without charge.
(c) An individual who presents a valid personal credential is exempt from the applicable fee to receive all of the following:
(1) One certified copy of a certificate of birth, if the individual was born in this State.
(2) One identification card or driver's license, issued under Title 21, if the individual is otherwise eligible.
(d) The Commissioner shall work with the Department of Health and Social Services and the Division of Motor Vehicles to adopt policies and procedures to implement this section.
81 Del. Laws, c. 447, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter II. Mandatory Screening for Use of Illegal Drugs › § 8920. Purpose.

§ 8920. Purpose.
The purpose of this subchapter is to establish a mandatory drug testing program for certain Department of Correction employees who hold positions that are directly related to public safety and the security of our correctional institutions and probation operations.
70 Del. Laws, c. 340, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter II. Mandatory Screening for Use of Illegal Drugs › § 8921. Definitions.

§ 8921. Definitions.
As used in this subchapter unless the context otherwise requires:
(1) “Applicant” means any person who is seeking employment with the Department for a security sensitive position.
(2) “Applicant-employee” means an employee of the State who is an applicant for a security sensitive position in the Department.
(3) “Department technical representative” means an employee of the Department designated by the Commissioner to ensure compliance with the requirements of this subchapter and whose duties include, but are not limited to, the following:
a. Scheduling of urine specimen collections;
b. Designation of collection sites;
c. Assuring the integrity of collection procedures and sites;
d. Assuring the integrity of testing and specimen retention procedures;
e. Reviewing the data and reports; and
f. Acting as the Commissioner's contact person for the testing for illegal drugs.
(4) “Employee” means a person with whom the State has an employer-employee relationship.
(5) “Incident triggered testing” means any incident involving death or serious physical injury to a Department employee, loss or significant damage to Department property, escape of an inmate or detentioner where the security sensitive employee was directly involved in the incident.
(6) “Random testing” means tests based upon an appropriate random sampling technique, with significant samples of Department employees in security sensitive positions being tested on a periodic basis with all such employees having a reasonably equal chance of being tested.
(7) “Reasonable suspicion” means when the Department, acting through its supervisory personnel, has reasonable suspicion that the appearance or conduct of Department employees in a security sensitive position is indicative of their having being impaired by an illegal drug.
(8) “Security sensitive position” means any of the following positions in the Department:
a. The Commissioner;
b. Bureau Chiefs;
c. Security positions;
d. Employees of the Department who are required or permitted to carry a firearm;
e. Department employees who have a significant degree of responsibility for the safety of others and whose impaired performance or undue influence of that Department employee could potentially result in death or injury to employees or others; or
f. Department employees as otherwise designated by the Department pursuant to its policies and procedures.
70 Del. Laws, c. 340, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter II. Mandatory Screening for Use of Illegal Drugs › § 8922. Drug testing required.

§ 8922. Drug testing required.
(a) Random testing. — All Department employees in security sensitive positions shall be subject to random testing for the illegal use of drugs.
(b) Pre-employment testing. — The Department shall test all security sensitive applicants and applicant employees for the illegal use of drugs.
(c) Incident triggered testing. — All Department employees in security sensitive positions shall be subject to incident triggered testing.
(d) Reasonable suspicion testing. — The Department may, acting through its supervisory personnel, conduct a drug test based on a reasonable suspicion that the appearance or conduct of the Department employee in a security sensitive position is indicative of being impaired by an illegal drug. The questioned conduct or appearance should be witnessed and must be documented in writing by a supervisor where practicable.
(e) Nothing in this section shall be construed to limit the Department's authority pursuant to any other statute, regulation, policy, procedure, contract or other source of authority to test any Department employee for drugs.
70 Del. Laws, c. 340, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter II. Mandatory Screening for Use of Illegal Drugs › § 8923. Drugs to be screened.

§ 8923. Drugs to be screened.
(a) The illegal drugs that shall be screened include, but are not limited to, the following:
(1) Marijuana/cannabis;
(2) Cocaine;
(3) Opiates;
(4) Phencyclidine (“PCP”); and
(5) Amphetamines.
(b) The Department technical representative may submit to the Commissioner a written request for approval to screen for an illegal drug or controlled substance other than those listed under subsection (a) of this section. If the Commissioner approves the request, the Department technical representative shall notify all Department employees in security sensitive positions of the addition of that drug to the list of those to be screened.
70 Del. Laws, c. 340, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter II. Mandatory Screening for Use of Illegal Drugs › § 8924. Arrest notification required.

§ 8924. Arrest notification required.
Any security sensitive employee arrested for an alleged violation of Chapter 47 of Title 16 shall report the arrest to the Department on the employee's next scheduled work day, or within 1 week, whichever is earlier. Failure to report the arrest shall result in disciplinary action up to and including dismissal.
70 Del. Laws, c. 340, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 89. DEPARTMENT OF CORRECTION › Subchapter III. Department Employees › § 8926. Department Employee Education Assistance Fund.

§ 8926. Department Employee Education Assistance Fund.
(a) Any employee of the Department holding a position classified at paygrade 15 or below may avail themselves of the provisions of this section to prepay the tuition costs for higher education related to their position.
(b) The classes will be 100% prepaid by the Department upon application to the Human Resources Director of the Department prior to commencement of classes at a college or university within the State for classes related to corrections, public safety, criminal justice, psychology, or sociology or related fields. Related fields include any courses necessary to complete a degree program in criminal justice, corrections, public safety, psychology, or sociology. Department employees who work in the food service, mechanical, or building trades and maintenance area are eligible for prepayment for classes that relate to their field or trade. The employee must maintain a C average or better in the classes taken to remain eligible for this program.
(c) (1) The Department shall take the funds appropriated for this section in each fiscal year and allocate them as follows:
a. 40% for the fall semester.
b. 40% for the spring semester.
c. 20% for the summer semester.
(2) The Department shall establish a deadline date for applying for said funds. If there are more applications than funds for any semester, then the funds shall be prorated between the applications. If there are fewer funding applications than funds available, the Department shall roll excess funds over to the next semester.
(d) An employee who has received funding under this section but who is terminated from the Department for cause prior to completion of current vouchered courses or who otherwise fails to comply with any requirement of this section immediately becomes ineligible to receive education benefits under this section and shall repay the Department for all tuition and fee funding previously extended to the employee, including interest, on a pro rata basis from the time of termination or noncompliance. The Commissioner shall adopt appropriate procedures to determine the amount of repayment and the method of collection due by the employee under this subsection. If an employee voluntarily leaves the Department prior to completion of funded courses, the employee will not be required to repay previously funded tuition but will have to repay the current quarter or semester's tuition.
72 Del. Laws, c. 273, §  1;  73 Del. Laws, c. 102, §§  1, 2;  73 Del. Laws, c. 175, §§  1-6;  83 Del. Laws, c. 185, §§ 1, 2;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9001. Intent and purpose.

§ 9001. Intent and purpose.
(a) The General Assembly finds and declares that parents have the primary responsibility for meeting the needs of their children and the State has an obligation to help them discharge this responsibility or to assume this responsibility when parents are unable to do so; while the State has a basic obligation to promote family stability and preserve the family as a unit, and protect and safeguard the well-being of children through the provision of a comprehensive program of social services and facilities for children and their families who require care, guidance, control, protection, treatment, rehabilitation or confinement.
(b) The General Assembly hereby declares that the purpose of this chapter and the policy of the State is to achieve the consolidation of services to children, youth and their families within the jurisdiction of a single agency in order to avoid fragmentation and duplication of services and to increase accountability for the delivery and administration of these services; to plan, develop, and administer a comprehensive and unified service delivery system to abused, neglected, dependent, delinquent and mentally ill or emotionally disturbed children and youth within a continuum of care, which shall include the involvement of their family, within the least restrictive environment possible but consistent with the child's health and safety; to emphasize preventive services to children, youth and their families, in order to avoid the costs to the State of individual and family instability; and to create and maintain a developmentally appropriate, comprehensive program that fully integrates transitional and independent living services from ages 14 to 23 and that will assist youth with their successful transition into adulthood.
64 Del. Laws, c. 108, §§  1, 14;  71 Del. Laws, c. 199, §§  7-9;  79 Del. Laws, c. 185, §  2;  83 Del. Laws, c. 300, § 2;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9002. Department of Services for Children, Youth and Their Families reestablished.

§ 9002. Department of Services for Children, Youth and Their Families reestablished.
There is hereby reestablished the Department of Services for Children, Youth and Their Families hereinafter referred to as the “Department.”
64 Del. Laws, c. 108, §§  1, 14;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9004. Secretary; Division Directors; Acting Secretary; Deputy Secretary.

§ 9004. Secretary; Division Directors; Acting Secretary; Deputy Secretary.
(a) The administrator and head of the Department shall be the Secretary of the Department of Services for Children, Youth and Their Families, who shall be a person qualified by training and experience to perform the duties of this office. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor and receive a salary to be determined by the Governor. The Secretary of the Department of Services for Children, Youth and Their Families shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.
(b) If the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the positions of Deputy Secretary and Division Directors as are vacant. The Deputy Secretary and Directors so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, the Deputy Secretary and Directors may be removed from office by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity, or removal of the Secretary and before the appointment of a successor, the Governor may appoint a person to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during an absence or incapacity or until a successor is duly qualified and appointed.
64 Del. Laws, c. 108, §§  1, 14;  69 Del. Laws, c. 352, §§  2, 3;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  10;  82 Del. Laws, c. 89, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9006. Major organizational units created.

§ 9006. Major organizational units created.
The following Divisions and other major organizational units are hereby created within the Department of Services for Children, Youth and Their Families:
(1) The Division of Family Services which shall be responsible for the provision of child protective, placement, treatment, prevention, adoption and related services;
(2) The Division of Prevention and Behavioral Health Services which shall be responsible for the provision of prevention, outpatient and residential mental health, and drug and alcohol treatment services for children and youth;
(3) The Division of Youth Rehabilitative Services which shall be responsible for the provision of detention, institutional care, probation, aftercare and prevention services for children and youth;
(4) The Division of Management Services which shall be responsible for administering and coordinating fiscal affairs, record keeping, personnel, accounting and purchasing, and other general services for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department;
(5) The Office of Case Management which shall be responsible for monitoring case management among the divisions within the Department. This Office shall have the authority to assign case management responsibility to one of the service divisions whenever necessary;
(6) The Office of Prevention which shall have the responsibility for providing training, public education and consultation services aimed at preventing child abuse, dependency, neglect, juvenile delinquency, mental health disorders and drug and alcohol abuse among children and youth.
64 Del. Laws, c. 108, §§  1, 14;  69 Del. Laws, c. 352, §§  6-11;  77 Del. Laws, c. 327, §  210(a);
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9007. Exemptions from merit system.

§ 9007. Exemptions from merit system.
All of the following positions are exempt from Chapter 59 of this title:
(1) Secretary of the Department of Services for Children, Youth and Their Families.
(2) Deputy Secretary of the Department of Services for Children, Youth and Their Families.
(3) Director of Family Services.
(4) Director of Prevention and Behavioral Health Services.
(5) Director of Youth Rehabilitative Services.
(6) Director of Management Services.
(7) Deputy Directors and private secretaries as provided in Chapter 59 of this title.
64 Del. Laws, c. 108, §§  1, 14;  69 Del. Laws, c. 352, §  12;  77 Del. Laws, c. 327, §  210(a);  82 Del. Laws, c. 89, § 3;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9009. Assumption of powers.

§ 9009. Assumption of powers.
As of the effective date of this chapter, the Department shall have the power to perform and shall be responsible for the performance of all powers, duties and functions relating to the provision of child protective services, child mental health services, youth correctional services and youth probation services heretofore vested by law in the Department of Health and Social Services, Division of Mental Health and Division of Child Protective Services, the Department of Correction, Bureau of Juvenile Correction and Family Court. These powers, duties and functions shall include, but are not limited to, the following:
(1) The powers and duties of the Division of Child Protective Services, Department of Health and Social Services, prescribed in Chapter 9 of Title 16, subchapters I, II, III, IV, V of Chapter 3 of Title 31 and Chapter 27 of Title 31; and Chapters 9 and 11 of Title 13;
(2) The powers and duties of the Bureau of Juvenile Correction, Department of Correction, prescribed in Chapters 51, 52 and 53 of Title 31;
(3) The powers and duties of the Division of Mental Health, Department of Health and Social Services that pertain to the provision of mental health services to children and youth, as prescribed in Chapter 53 of Title 16 [repealed]; and
(4) The powers and duties of the Department of Services for Children, Youth and Their Families, prescribed in Chapter 90 of this title.
64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2;  repealed by 84 Del. Laws, c. 201, § 5, effective Sept. 11, 2023.;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9012. Transfer of appropriated funds.

§ 9012. Transfer of appropriated funds.
Notwithstanding any other provision of state law, any sums appropriated to any division, commission, department, council, agency or person affected by this chapter and any funds appropriated for the provision of child protective services, child mental health services, youth correctional services and youth probation services which, on the effective date of this chapter, are unencumbered, encumbered or unexpended and any authorized positions affected by this chapter shall be and are hereby appropriated and transferred to the Department of Services for Children, Youth and Their Families. The Budget Director and the Controller General are hereby authorized and directed to make such transfers of funds and positions as may be required to carry out this chapter.
64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9013. Annual report.

§ 9013. Annual report.
The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations and render such other reports as the Governor or General Assembly may request or as may be required by law.
64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9014. Misnomer of Department in donation.

§ 9014. Misnomer of Department in donation.
Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or agency, from which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.
64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9016. Appointment of special investigators; powers and duties.

§ 9016. Appointment of special investigators; powers and duties.
(a) The Secretary may appoint qualified persons to be special investigators for the Department. Such investigators shall hold office at the pleasure of the Secretary. Any person appointed pursuant to this section shall have a minimum of 10 years experience as a “police officer,” as that term is defined in § 1911(a) of Title 11, significant investigatory experience while working as a police officer, shall be in good standing with the previous or present law-enforcement agency where such person is or was employed, and shall have such other qualifications deemed appropriate by the Secretary.
(b) Special investigators appointed under this section may conduct investigations of child abuse, neglect, or risk of maltreatment anywhere in this State as directed by the Secretary or the Secretary's designee and shall have the power to make arrests and serve writs anywhere in this State. Special investigators shall have statewide powers as enumerated under § 1911 of Title 11 and such other powers as conferred by law on police officers, constables and other law-enforcement personnel. Notwithstanding the above, special investigators under this section shall not have the authority to take custody of a child unless pursuant to an order from the Family Court or in conjunction with the law-enforcement agency charged with jurisdiction over the case. To the extent possible, special investigators under this section shall consult with the police agency of jurisdiction and the Secretary or Secretary's designee before making an arrest and shall do so in all cases after making any such arrest.
(c) Special investigators under this section shall have the authority to take custody of a child pursuant to an order from the Family Court or in conjunction with the law-enforcement agency charged with jurisdiction over the case. Special investigators may enter private property while taking custody of a child under this section. To the extent possible, special investigators under this section shall consult with the police agency of jurisdiction and the Secretary or Secretary's designee before making an arrest and shall do so in all cases after making any such arrest.
(d) The salary of special investigators shall be fixed by the Secretary within the appropriations made to the Department.
(e) Special investigators will assist in the training of other Division staff.
71 Del. Laws, c. 199, §  11;  78 Del. Laws, c. 266, §  21;  82 Del. Laws, c. 89, § 4;  83 Del. Laws, c. 461, § 6;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9017. Confidential information.

§ 9017. Confidential information.
(a) In the course of performing its functions as enumerated in this chapter, the Department shall be entitled to inspect and copy all records regarding any children in the care, supervision, protection or custody of the Department and their parents, guardians, caretakers or custodians which are maintained and controlled by the Department of Health and Social Services.
(b) The Department shall have the discretion to release information from its records to public and private agencies if it determines that such release will serve the best interest of children in its care.
(c) The Department shall cause to be submitted to the State Bureau of Identification (SBI) information as may be required to comply with federal laws and regulations relating to background checks for the purchase and transfer of firearms. The information must include only names and other nonclinical identifying information. The SBI shall transmit the information, as may be required by law, to the FBI for use in its National Instant Criminal Background Check System (NICS).
(d) In releasing the aforementioned records pursuant to this section, the Department and the Department of Health and Social Services and their employees shall have immunity from any civil or criminal liability.
(e) This section shall not be construed to override any confidentiality provisions provided under state or federal law which govern any records in the control of the Department of Health and Social Services, including but not limited to, the following statutes:
§§ 157, 702, 1121(b)(9) and 5161(a)(7) of Title 16; and § 2802 of Title 31.
64 Del. Laws, c. 108, §§  1, 14;  67 Del. Laws, c. 398, §  2;  71 Del. Laws, c. 199, §  11;  78 Del. Laws, c. 137, §  14;  81 Del. Laws, c. 206, § 24;  83 Del. Laws, c. 330, § 7;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9018. Supremacy of chapter.

§ 9018. Supremacy of chapter.
All other laws or parts of laws now in effect inconsistent with this chapter are hereby repealed, superseded, modified or amended so far as necessary to conform to and give full force and effect to this chapter.
64 Del. Laws, c. 108, §  14;  67 Del. Laws, c. 398, §  2;  71 Del. Laws, c. 199, §  11;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9019. Liability for maintenance of children in care of Department; collection remedies.

§ 9019. Liability for maintenance of children in care of Department; collection remedies.
(a) Any person liable for the support of a child under any law of this State shall be liable for the care, maintenance and support furnished to a child committed or admitted to any service provided by the Department of Services for Children, Youth and Their Families.
(b) The Department of Services for Children, Youth and Their Families may collect from any such person all moneys necessary to discharge and pay all liability of such child for the child's care, maintenance and support; provided, however, that such liability is based upon ability to pay and in accordance with § 7940 of this title.
(c) The Department of Services for Children, Youth and Their Families may also proceed for the recovery of the moneys necessary for care, maintenance and support in an action to be brought in any court of competent jurisdiction in the name of the Department.
(d) All fees collected under this section shall be deposited into the General Fund.
65 Del. Laws, c. 211, §  3;  67 Del. Laws, c. 70, §§  1-3;  67 Del. Laws, c. 398, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 138, §  11;
2023 Delaware Code › Title 29 - State Government › Chapter 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES › § 9020. Drug testing required.

§ 9020. Drug testing required.
(a) The Department is authorized and required to conduct drug testing as set forth in this section of any employee or prospective employee accepting a safety, security-sensitive, or child care position, as determined by policy and regulations adopted by the Department. The following apply to drug testing by the Department:
(1) Preemployment testing. —
The Department shall test an applicant for employment as a safety, security-sensitive, or child care employee for the use of a drug specified in subsection (b) of this section.
(2) Random testing. —
A safety, security-sensitive, or child care employee is subject to random testing for illegal use of a drug specified in subsection (b) of this section.
(3) Reasonable suspicion testing. —
The Department may conduct a drug test based on a reasonable suspicion that a safety, security-sensitive, or child care employee is impaired by a drug specified in subsection (b) of this section.
(b) (1) An individual employed by, or applicant offered employment with, the Department as a safety, security-sensitive, or child care employee shall submit to drug testing required under subsection (a) of this section and regulations adopted by the Department.
(2) The Department may adopt regulations to implement and enforce this section. The Department shall adopt regulations that require drug testing for the following drugs:
a. Marijuana or cannabis.
b. Cocaine.
c. Opiates.
d. Phencyclidine (“PCP”).
e. Amphetamines.
f. Any other controlled substances or controlled prescription drugs specified by the Department in the regulations adopted under this section.
(c) Conditional hire. —
Notwithstanding paragraph (a)(1) of this section, the Department may hire an applicant on a conditional basis before receiving the results of the drug test required under paragraph (a)(1) of this section if the Department receives evidence confirming the applicant submitted to the required drug test. The final employment of an applicant conditionally hired under this subsection is contingent on the Department's receipt of satisfactory results of the required drug test.
(d) (1) The Department shall adopt policies and procedures for imposing sanctions on a safety, security-sensitive, or child care employee who wilfully refuses to submit to random or reasonable suspicion testing or whose drug test indicates that the employee has illegally used or consumed a drug specified in subsection (b) of this section.
(2) The sanctions imposed under paragraph (d)(1) of this section may include referral to the State's Employee Assistance Program, suspension, or termination.
(3) An employee may not be sanctioned when the employee has used or consumed the drug detected according to the directions and terms of a lawfully-obtained prescription for the drug.
77 Del. Laws, c. 270, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 278, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 90A. OFFICE OF THE CHILD ADVOCATE › § 9001A. Intent and purpose.

§ 9001A. Intent and purpose.
The General Assembly hereby declares that the welfare of the children of this State shall be safeguarded by the establishment of an Office of the Child Advocate, with a Child Advocate who shall also serve as Executive Director of the Child Protection Accountability Commission. The Child Advocate shall be responsible for effectuating the purposes of the Commission. The Advocate shall also coordinate efforts on behalf of the children; work with advocacy groups; promote system reform; recommend changes in law, procedure and policy necessary to enhance the protection of Delaware's children; and to implement and coordinate programs providing legal representation on behalf of a child, including the Court Appointed Special Advocate Program. In order to effectuate these goals, the Child Advocate shall be an attorney duly licensed to practice law in Delaware.
72 Del. Laws, c. 167, §  2;  72 Del. Laws, c. 451, §  5;  80 Del. Laws, c. 417, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 90A. OFFICE OF THE CHILD ADVOCATE › § 9002A. Definitions.

§ 9002A. Definitions.
For the purposes of this chapter, unless the context indicates differently:
(1) “Abuse” or “abused child” is as defined in § 901 of Title 10.
(2) “Adult” means a person who has reached his or her eighteenth birthday;
(3) “Attorney” means an attorney authorized to practice law in the State, who is employed or contracted by the Office, or who volunteers for the Office, including Deputy Child Advocates and attorneys who work in conjunction with Court Appointed Special Advocate volunteers.
(4) “Best interests” as defined in § 722 of Title 13;
(5) “Child” or “children” means persons who have not reached their eighteenth birthday;
(6) “Child welfare proceeding” means any Family Court proceeding and subsequent appeal therefrom involving custody, visitation, guardianship, termination of parental rights, adoption and other related petitions that involve a dependent, neglected or abused child or a child at risk of same as determined by a Family Court Judge;
(7) “Commission” means the Child Protection Accountability Commission;
(8) “Court” means primarily the Family Court, but may mean any court of this State;
(9) “Court Appointed Special Advocate volunteer” or “CASA” means a volunteer authorized and appointed under § 9010A of this title, who is supervised by a coordinator and who works in conjunction with the child's attorney to accomplish the duties set forth in § 9007A(c) of this title.
(10) “Department” means the Department of Services for Children, Youth and Their Families of the State;
(11) “Dependency” or “dependent child” is as defined in § 901 of Title 10.
(12) “Division” means the Division of Family Services of the Department of Services for Children, Youth and Their Families;
(13) “Investigation Coordinator” is as defined in § 902 of Title 16.
(14) “Neglect” or “neglected child” is as defined in § 901 of Title 10.
(15) “Office” means the Office of the Child Advocate.
(16) “Permanency“ means the safe, stable, custodial environment in which a child is raised and the life-long relationship that child establishes with a nurturing caregiver.
72 Del. Laws, c. 167, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 451, §  6;  76 Del. Laws, c. 136, §§  17-20;  80 Del. Laws, c. 219, §  2;  80 Del. Laws, c. 417, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 90A. OFFICE OF THE CHILD ADVOCATE › § 9004A. Appropriation for expenses.

§ 9004A. Appropriation for expenses.
The General Assembly may annually appropriate such sums as it may deem necessary for the payment of the salary of the Child Advocate, the assistants, and the staff, and for the payment of actual expenses incurred by the Office of Child Advocate.
72 Del. Laws, c. 167, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 90A. OFFICE OF THE CHILD ADVOCATE › § 9006A. Confidentiality.

§ 9006A. Confidentiality.
(1) All records of the Office pertaining to the care and treatment of a child are confidential, including the identity of any person seeking assistance from the Office on behalf of a child. Information contained in those records may not be disclosed, except for good cause shown on order of a court, or if, in the judgment of the Commission, disclosure of identifying information to an appropriate governmental agency is in the best interests of the child.
(2) Anyone participating in good faith in seeking assistance from the Office on behalf of a child pursuant to this chapter shall have immunity from liability, civil or criminal, that might otherwise exist, and such immunity shall extend to participation in any judicial proceeding resulting from such a referral.
(3) All information and records received, prepared or maintained by the Office pertaining to the duties of the Investigation Coordinator and its staff are confidential as set forth in § 906 of Title 16. All information and records received, prepared, or maintained pertaining to the duties of the Investigation Coordinator, as well as all access provided to obtain such records, shall not be used to perform any other duties of the Office unless otherwise permitted by law.
(4) All information and records received, prepared, or maintained by the Office pertaining to the investigation and review of child abuse or neglect deaths or near deaths are confidential as set forth in § 934 of Title 16. All information and records received, prepared, or maintained pertaining to these duties may not be used to perform any other duties of the Office unless otherwise permitted by law.
72 Del. Laws, c. 167, §  2;  72 Del. Laws, c. 451, §§  7, 8;  80 Del. Laws, c. 219, §  2;  80 Del. Laws, c. 417, §  3;  81 Del. Laws, c. 143, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 90A. OFFICE OF THE CHILD ADVOCATE › § 9008A. Indemnification from liability.

§ 9008A. Indemnification from liability.
No attorney, director, investigator, social worker or other person employed or contracted by or volunteering for the Office of Child Advocate shall be subject to suit directly, derivatively or by way of contribution or indemnification for any civil damages under the laws of Delaware resulting from any act or omission performed during or in connection with the discharge of his or her duties with the Office within the scope of his or her employment or appointment, unless the act or omission was done with gross or wanton negligence, or maliciously, or in bad faith.
72 Del. Laws, c. 167, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 451, §  10;  73 Del. Laws, c. 277, §  5;
2023 Delaware Code › Title 29 - State Government › Chapter 90A. OFFICE OF THE CHILD ADVOCATE › § 9009A. Extended jurisdiction — Child abuse, dependency and neglect.

§ 9009A. Extended jurisdiction — Child abuse, dependency and neglect.
Notwithstanding any provision in this chapter to the contrary, the Office of the Child Advocate is authorized to provide representation under this chapter to youth for whom jurisdiction has been extended under § 929 of Title 10.
77 Del. Laws, c. 385, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 90A. OFFICE OF THE CHILD ADVOCATE › § 9010A. Court Appointed Special Advocate Program.

§ 9010A. Court Appointed Special Advocate Program.
The Court Appointed Special Advocate Program shall provide legal representation to children through the Office of the Child Advocate, and shall be administered as follows:
(1) The Program shall include volunteers who have demonstrated an interest in children and their welfare and have participated in background checks, interviews and training courses conducted by the Office to determine his or her fitness to serve. Volunteers will serve at the pleasure of the Child Advocate, but may also be removed by court order. Volunteers shall participate in ongoing training as determined by the Office. Volunteers will be sworn in by the court upon completion of all requirements and shall not serve as a volunteer prior to being sworn.
(2) Volunteers shall be supervised by coordinators and a Program Director employed by the Office of the Child Advocate.
(3) The Child Advocate will establish the number, qualifications and responsibilities of the coordinators and the Program Director. The Program Director and coordinators shall be exempt from Chapter 59 of Title 29, and notwithstanding any provision of this Code to the contrary, the Program Director and coordinator positions shall not be covered by Chapter 13 of Title 19 and shall have no rights thereunder.
(4) Attorneys shall be hired or contracted by the Child Advocate to provide legal representation to children appointed under this section. Volunteers and coordinators will work in conjunction with the child's attorney to accomplish the duties set forth in § 9007A(c) of this title.
(5) The CASA shall be a party to any child welfare proceeding or any other proceeding in which the court has appointed the CASA.
80 Del. Laws, c. 417, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9001B. Assumption of authority by State.

§ 9001B. Assumption of authority by State.
The offices of the Prothonotaries of New Castle County, Kent County and Sussex County, as heretofore established, shall hereafter be under the authority and jurisdiction of the State.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9002B. Definitions.

§ 9002B. Definitions.
As used in this subchapter, “state row offices” or “state row officers” means the Prothonotaries of New Castle County, Kent County and Sussex County.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9003B. Location of offices.

§ 9003B. Location of offices.
The State shall provide and assign office space for the respective state row offices and, whenever occasion requires, may change such space and assign different space. The state row officers shall occupy, and their offices shall be located in, the space assigned to them from time to time by the State.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9004B. Record books and supplies.

§ 9004B. Record books and supplies.
The State shall provide for the state row offices, the necessary record books, cases, seals and supplies for the use of the offices, for the preservation and security of the public records, the convenience of business and for public accommodation.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 90B. PROTHONOTARIES › Subchapter I. General Provisions › § 9005B. Records.

§ 9005B. Records.
The state row officers shall keep all records, books, papers and other things belonging to their offices, in their respective offices.
66 Del. Laws, c. 185, §  14;  72 Del. Laws, c. 167, §  1;