2021 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.

Universal Citation: 29 DE Code § 9004. (2021)
§ 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; 
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