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DE SB181

Bill

Status

Passed

7/15/2014

Primary Sponsor

Patricia Blevins

Click for details

Origin

Senate

147th General Assembly

AI Summary

  • Establishes a new section (§925A) setting forth grounds for substantiation, requiring courts to find by preponderance of evidence that a person committed abuse or neglect based on the same incident alleged in the Notice of Intent to Substantiate before placement on the Child Protection Registry.

  • Expands the timeline for filing a Petition for Substantiation from 20 days to 45 days after receipt of a written request for a hearing, and applies this deadline to children as well as adults.

  • Creates a notice and hearing requirement for children before entry on the Child Protection Registry, requiring the Division to file a Petition for Substantiation and ensuring the child receives notice of the allegations, consequences, and right to a hearing.

  • Adds several crimes to the Child Protection Level III and Level IV offense lists, including child abuse in the third degree, reckless endangering in the second degree, and various sexual abuse offenses.

  • Modifies removal procedures for individuals on the Registry at Levels II and III by establishing discretionary court review based on specific factors (nature of incident, rehabilitation, criminal history, risk to community) rather than requiring completion of a case plan.

  • Allows individuals placed on the Registry as children to petition for removal at any time after turning 18.

Legislative Description

An Act To Amend Title 16 Of The Delaware Code Relating To The Child Protection Registry

Last Action

Signed by Governor

7/15/2014

Committee Referrals

Judiciary6/4/2014
Judiciary3/27/2014

Full Bill Text

No bill text available