2016 Delaware Code
Title 31 - Welfare
CHAPTER 38. CHILD PLACEMENT REVIEW ACT
§ 3814. Administrative review: Procedures.

(a) The Executive Committee of the Board shall develop and enact policies and procedures that:

(1) Ensure the accurate identification of children to be reviewed;

(2) Ensure notice of the review is issued in accordance with this statute;

(3) Outline the procedures to be followed to prepare for, conduct, and issue findings and recommendations following a review.

(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; 80 Del. Laws, c. 319, § 1.;