2022 Delaware Code
Title 16 - Health and Safety
Chapter 9. ABUSE OF CHILDREN
Subchapter II. Child Protection Registry
§ 924. Notice of Intent to Substantiate; process.
(a) In response to a report where abuse or neglect of a child is alleged, as required by § 906 of this title, the Department's Division of Family Services shall conduct an investigation into the facts and circumstances of the alleged abuse or neglect, and the Department's Institutional Abuse Investigation Unit shall conduct an investigation of an allegation of institutional abuse or neglect of a child.
(1) If the Department determines from its investigation not to substantiate the person for abuse or neglect, the person may not be entered on the Child Protection Registry for that reported incident. The Department shall indicate in its internal information system that the incident is unsubstantiated, and so notify the person in writing. The Department shall develop regulations for classifying unsubstantiated cases in its internal information system.
(2) If the Department determines from its investigation that it intends to substantiate the person for abuse or neglect and enter an adult person on the Child Protection Registry, it shall give written notice to the person by certified mail, return receipt requested, at that person's last known address. The written notice must:
a. Briefly describe the alleged incident of abuse or neglect.
b. Advise the person that the Department intends to substantiate the allegations and enter the person on the Child Protection Registry for the incident of abuse or neglect at a designated Child Protection Level.
c. State the consequences of being entered on the Registry at the designated level, including whether the person will be reported as substantiated for abuse or neglect in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31.
d. Inform the person of that person's own right to request a hearing in the Family Court before the person is entered on the Child Protection Registry.
e. Further advise that the person will be entered on the Registry for the incident at the designated Child Protection Level unless, within 30 days of the date of mailing of the notice, the person responds to the Department in writing, requesting a hearing in the Family Court on the Department's intent to substantiate the person for abuse or neglect and enter the person on the Registry.
f. Contain a written form for the person to return to the Department to request a hearing.
(3) If the Department determines from its investigation that it intends to substantiate a child and enter the child on the Child Protection Registry, it shall give written notice to the child and the child's parent, guardian, and legal custodian by certified mail, return receipt requested, at the child's last known address. The written notice must:
a. Briefly describe the alleged incident of abuse or neglect.
b. Advise the child that the Department intends to substantiate the allegations and enter the child on the Child Protection Registry for the incident of abuse or neglect at a designated Child Protection Level.
c. State the consequences of being entered on the Registry at the designated level, including whether the child will be reported as substantiated for abuse or neglect in response to a Child Protection Registry check made pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31.
d. Inform the child that a hearing will be held in the Family Court before the child is entered on the Child Protection Registry.
e. Provide notice to the child's guardian ad litem or attorney if the child is in DSCYF custody.
(4) If the Department determines from its investigation that it intends to enter a person on the Child Protection Registry as a result of a conviction of an enumerated offense set forth in § 923 of this title, the Department shall send a Notice of Substantiation to the person informing them of the substantiation and notifying them of the right to file a Petition for Limited Purpose Hearing. The Petition for Limited Purpose Hearing shall be filed by the person in Family Court within 30 days of the Notice of Substantiation, shall include a copy of the Notice of Substantiation, and shall set forth why the person alleges the conviction does not meet the requirements set forth in § 922(1) of this title. A Limited Purpose Hearing shall be limited to determining whether the conviction meets the requirements of § 922(1) of this title. If a Petition for Limited Purpose Hearing is not filed within 30 days of the Notice of Substantiation, the person shall remain automatically placed on the registry pursuant to § 922(1) of this title.
(b) A person, other than a child, who fails to request a hearing as provided in subsection (a) of this section must, at the expiration of 30 days from the date of mailing of the notice of intent to substantiate the allegations of abuse or neglect and enter the person on the Registry, be entered on the Child Protection Registry at the Child Protection Level designated in the notice.
(c) The Department shall file a Petition for Substantiation before any child is entered on the Child Protection Registry, regardless of the written request of the child.
73 Del. Laws, c. 412, § 7; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 314, § 1; 80 Del. Laws, c. 154, § 3; 83 Del. Laws, c. 228, § 1;
