2015 Delaware Code
Title 31 - Welfare
CHAPTER 38. CHILD PLACEMENT REVIEW ACT
§ 3814 Administrative review: Procedures.

(a) Administrative review procedures for a Review Panel must include, but are not limited to, consideration and evaluation of the following:

(1) The safety and best interests of the child under review;

(2) The goal of the permanent placement plan;

(3) Services to the child and others involved;

(4) For children in the care or custody of DFS, the placement of siblings;

(5) Length of time spent in out-of-home placements;

(6) Number of placements;

(7) The child's wishes, where appropriate;

(8) Efforts made by all involved to fulfill the case plan;

(9) The opportunity for parents, legal guardians and siblings to visit regularly with the child; and

(10) Obstacles which hinder or prevent attainment of the placement goal.

(b) The DFS and/or YRS caseworker or supervisor most closely involved with a case shall attend the administrative review of the case, unless prior approval of the absence is obtained from the Executive Director or the Director's designee, or unless an emergency or other good cause exists that prevents attendance at the review.

(c) A board member who has personal knowledge of or is acquainted with any of the principals in a case shall disqualify himself or herself from reviewing the case.

(d) An administrative review is not a court proceeding, and the formal rules of evidence do not apply. The Board may exclude factual data, documents, testimony and argument that are plainly irrelevant, immaterial, insubstantial, cumulative or privileged. The Board may also limit any factual data, documents, testimony and argument that are unduly repetitive.

(e) Placement agencies, the child's parents, legal guardians or the guardian ad litem or CASA for the child, and/or their attorneys, and board staff may be present throughout the review unless the Review Panel reasonably believes that a safety issue exists. Other participants with notice to provide information at the review and anyone else deemed by the Panel as necessary to the review process may be present throughout all or part of the review at the discretion of the Review Panel.

(f) A child of appropriate age and mental capacity who requests a private interview with the Review Panel may be interviewed privately at the Panel's discretion.

(g) Information compiled by the board staff for the purpose of conducting administrative reviews and all other documents relating to the reviews are exempt from the provisions of Chapter 100 of Title 29.

(h) Case and review records of the Board are exempt from the provisions of Chapter 100 of Title 29.

62 Del. Laws, c. 1; 70, § 1; 64 Del. Laws, c. 47, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 338, § 1; 79 Del. Laws, c. 284, § 1.;