2022 Delaware Code
Title 16 - Health and Safety
Chapter 9. ABUSE OF CHILDREN
Subchapter I. Reports and Investigations of Abuse and Neglect
§ 909. Privileged communication not recognized; judicial proceedings; disclosure of information [Effective until Jan. 8, 2023].
(a) No legally recognized privilege, except that between attorney and client and that between priest and penitent in a sacramental confession, applies to situations involving known or suspected child abuse, neglect, exploitation, or abandonment and does not constitute grounds for failure to report as required by § 903 of this title or to give or accept evidence in any judicial proceeding relating to child abuse or neglect.
(b) In any judicial proceeding involving the custody of a child, the fact that a report has been made pursuant to § 903 or § 905 of this title is not be admissible unless offered by the Department as a party or as a friend of the court. However, this subsection does not prohibit the introduction of evidence from independent sources to support the allegations that may have caused a report to have been made.
(c) To protect the privacy of the family and the child named in a report, the Department shall establish guidelines concerning the disclosure of information concerning the abuse and neglect involving a child. The Department may require persons to make written requests for access to records maintained by the Department. The Department may only release information to persons who have a legitimate public safety need for such information or a need based on the health and safety of a child subject to abuse, neglect or the risk of maltreatment, and such information may be used only for the purpose for which the information is released.
16 Del. C. 1953, § 1007; 55 Del. Laws, c. 50, § 1; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § 1; 71 Del. Laws, c. 199, § 5; 81 Del. Laws, c. 144, § 9; 83 Del. Laws, c. 228, § 1;
