2016 Delaware Code
Title 29 - State Government
CHAPTER 90. DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES
§ 9015. Budgeting and financing.

(a) The Secretary, in cooperation with the Department directors and office administrators, shall prepare a proposed budget for the operation of the Department to be submitted for the 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.

(b) Each fiscal year, pursuant to established methodology, the Secretary and the Office of Management and Budget shall review projections on the number of child abuse and neglect cases and the number of child care facilities to be licensed and monitored for the next fiscal year. Based on these projections, the General Assembly shall fund, subject to a specific appropriation, funds and positions for the next fiscal year, beginning each July 1, to the Division of Family Services to provide:

(1) An adequate number of child protection investigation workers so that regional caseloads do not exceed 11 cases per fully functioning worker;

(2) An adequate number of child protection treatment workers so that regional caseloads do not exceed 18 cases per fully functioning worker;

(3) An adequate number of Family Service supervisors so that there is 1 supervisor for every 5 workers;

(4) An adequate number of training positions, but not less than 15, to ensure that fully trained staff are always available to fill vacancies;

(5) An adequate number of licensing specialists for child care centers and family child care homes so that caseloads do not exceed 150 per specialist;

(6) An adequate number of licensing specialists for 24-hour residential child care facilities so that caseloads do not exceed 30 per specialist; and

(7) An adequate number of licensing supervisors so that there is 1 supervisor for every 5 workers.

In the event that regional caseloads exceed the above set standards during any fiscal year, the Office of Management and Budget shall, to the extent monies are available, authorize the use of casual seasonal positions as a temporary mechanism to ensure that caseloads remain within Delaware standards. Fully functioning workers are workers that are employed and working full-time, and do not include workers on extended medical leave, trainees who have not completed training or workers with restricted caseloads.

(c) In order to ensure the standards set forth in subsection (b) of this section are maintained, the Secretary shall submit a quarterly report to the Governor, the Controller General and the Director of the Office of Management and Budget, with copies to the Chairpersons of the House of Representatives Committee on Health and Human Development, the Senate Committee on Children, Youth and Their Families, and the Child Protection Accountability Commission that details the above information both statewide and on a regional basis.

(d) For the purpose of retaining and attracting experienced investigation and treatment workers in the Division of Family Services, the Division may competitively recruit for Family Crisis Therapists in their investigation and treatment units. Current Division employees who successfully apply for these positions shall have their position reclassified to Family Crisis Therapist. Such reclassifications or reclassifications of vacant positions to Family Crisis Therapist shall be effective upon the approval of the Director of the Office of Management and Budget and the Controller General. The Division is authorized to transfer positions between budget units in order to adjust its complement to ensure the correct number of fully functioning employees are in each functional unit of the Division. The Division shall submit a quarterly report to the Director of the Office of Management and Budget and the Controller General detailing any adjustments to the complement, the number of Family Crisis Therapists hired and retention statistics.

(e) Special funds may be used in accordance with approved programs, grants and appropriations.

(f) The Department is authorized to provide funding for youth who have attained the age of 18 but are less than 21 years of age, by payment of foster care supports specifically related to housing, by direct youth stipends and/or to other public or private agencies to provide independent living services to youth. The Department shall establish policies for eligibility for direct youth stipends that shall require youth accountability, financial literacy, and attainment of self-sufficiency benchmarks. Funds appropriated for the purpose of supporting youth who are eligible for independent living services shall be used to support those youth.

64 Del. Laws, c. 108, §§ 1, 14; 67 Del. Laws, c. 398, § 2; 71 Del. Laws, c. 475, § 1; 74 Del. Laws, c. 283, § 1; 75 Del. Laws, c. 88, §§ 20(6), 21(13), 26(2); 76 Del. Laws, c. 169, § 1; 79 Del. Laws, c. 185, § 4.;